August 9, 2005 – Federal Register Recent Federal Regulation Documents

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that the following Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This ICR is scheduled to expire on July 31, 2005. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. The ICR describes the nature of the information collection and its estimated burden and cost.

In accordance with section 113(g) of the Clean Air Act, as amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree that addresses lawsuits filed by Sierra Club and the Louisiana Environmental Action Network (collectively, ``Plaintiffs): Sierra Club v. Johnson, No. 1:03CV02411 (GK) (D.D.C.) and Louisiana Environmental Action Network v. Johnson, No. 1:04CV00484 (GK) (D.D.C.) (consolidated cases). On November 20, and December 23, 2003, respectively, Plaintiffs filed actions against EPA pursuant to the Clean Air Act's citizen suit provision, 42 U.S.C. 7604(a)(2). Collectively, Plaintiffs allege that the Administrator failed to take actions required by sections 112(d)(6) and 112(f)(2) of the Clean Air Act, 42 U.S.C. 7412(d)(6) and (f)(2), for six source categories for which EPA had previously promulgated emission standards under Clean Air Act section 112(d). The proposed consent decree establishes certain deadlines for EPA final action, including a March 31, 2006 and December 15, 2006 deadline.

EPA is taking direct final action to approve revisions to the Ventura County Air Pollution Control District (VCAPCD) portion of the California State Implementation Plan (SIP). Under authority of the Clean Air Act as amended in 1990 (CAA or the Act), we are approving local rules that address the opacity standard; PM-10, CO, volatile organic compound (VOC), and SO2 emissions from industrial processes; and source tests. We are also rescinding local rules that concern exemptions from emission standards; analytical methods; and PM- 10, CO, and SO2 emission standards.

In accordance with section 113(g) of the Clean Air Act, as amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree, to address a lawsuit filed by Sierra Club and United States Public Interest Research Group (collectively, ``Plaintiffs''): Sierra Club, et al. v. Johnson, No. 1:04CV00094 (RBW) (D.D.C.) to compel EPA to issue further regulations containing requirements to control hazardous air pollutants from motor vehicles and motor vehicle fuels. The proposed consent decree would establish a deadline of February 28, 2006 for EPA to sign a notice of proposed rulemaking containing requirements to control hazardous air pollutants from motor vehicles and motor vehicle fuels as the Administrator determines are appropriate pursuant to section 202(l)(2) of the Act, or, in the alternative, propose that no such requirements are necessary. No later than February 9, 2007, EPA shall sign a final rule taking final action on such proposal.

NMFS is prohibiting retention of Pacific Ocean perch in the West Yakutat District of the Gulf of Alaska (GOA). NMFS is requiring that catch of Pacific Ocean perch in this area be treated in the same manner as prohibited species and discarded at sea with a minimum of injury. This action is necessary because the Pacific Ocean perch 2005 total allowable catch (TAC) in this area has been reached.

The Interim Chief Copyright Royalty Judge, on behalf of the Copyright Royalty Board, is requesting comments on the existence of controversies to the distribution of the 2001, 2002, and 2003 satellite royalty funds.

The Office of the Under Secretary for Food Safety, United States Department of Agriculture (USDA), and the Food and Drug Administration (FDA), U.S. Department of Health and Human Services (HHS), are sponsoring a public meeting on August 30, 2005, to provide draft U.S. positions and receive public comments on agenda items that will be discussed at the Fifth Session of the Codex ad hoc Intergovernmental Task Force on Foods Derived from Biotechnology of the Codex Alimentarius Commission (Codex), which will be held in Chiba, Japan, September 19-23, 2005. The Under Secretary and FDA recognize the importance of providing interested parties the opportunity to comment on the agenda items that will be debated at this forthcoming Session of the FBT.

The National Institute of Standards and Technology (NIST) announces the first in a series of planned workshops being held in support of NIST's Software Assurance Metrics and Tool Evaluation (SAMATE) project. NIST is working with industry, academia, and users: To identify deficiencies in software assurance (SA) methods and tools To develop metrics for the effectiveness of SA tools. NIST invites parties interested in these issues to contribute to the specification of such metrics and to the development of reference data sets capable of testing the effectiveness of SA tools. These reference data sets, when used during an SA tool's development, can aid in building a correct implementation with regard to these metrics. The first workshop ``Defining the State of the Art in Software Security Tools'' is being held at NIST Gaithersburg August 10 and 11. Future Workshops will be announced on the Project's Web site https:// samate.nist.gov/ and on other SA forums.

We, the Fish and Wildlife Service (Service), determine threatened status for the southwest Alaska distinct population segment of the northern sea otter (Enhydra lutris kenyoni) under the authority of the Endangered Species Act of 1973, as amended (Act). Once containing more than half of the world's sea otters, this population segment has undergone an overall population decline of at least 55-67 percent since the mid-1980s. In some areas within southwest Alaska, the population has declined by over 90 percent during this time period. This final rule extends the Federal protection and recovery provisions of the Act to this population segment.

The Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.

The following permit was issued.

The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals.

In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Idaho Falls District Resource Advisory Council (RAC), will meet as indicated below.

On March 21, 2005, HUD published its Fiscal Year (FY) 2005 Notice of Funding Availability, Policy Requirements and General Section to the SuperNOFA for HUD's Discretionary Programs (SuperNOFA). The FY2005 SuperNOFA announced that, for the first time and consistent with the Administration's Electronic Government (E-Government) Initiative, applicants for HUD funding would be required to submit their applications electronically through the governmentwide grant portal, Grants.gov. While to date, the majority of applicants have been submitting successfully their applications electronically through Grants.gov, other applicants were found to have experienced difficulties with electronic submission to such an extent that they were unable to successfully submit their applications. This notice announces that HUD is taking action to respond to these concerns and is conducting a quality assurance review to identify applicants that correctly followed all electronic application submission procedures, including registration for electronic submission, but were unable to submit an application because of technological problems. This notice provides HUD's review procedures as well as outlines the application submission procedures an applicant may follow if HUD determines that the applicant complied with all electronic submission requirements of the FY2005 SuperNOFA but was unable to submit an application because of technological difficulties. If HUD makes this determination, the applicant will be contacted by HUD and invited to submit a paper application.

This notice announces a meeting of the Uniform Formulary Beneficiary Advisory Panel. The panel will review and comment on recommendations made to the Director, TRICARE Management Activity, by the Pharmacy and Therapeutics Committee regarding the Uniform Formulary. The meeting will be open to the public. Seating is limited and will be provided only to the first 220 people signing in. All persons must sign in legibly. Notice of this meeting is required under the Federal Advisory Committee Act.

The USDA Forest Service will prepare an environmental impact statement to document and disclose the environmental impacts of a proposal to issue long term permits for a variety of commercial pack stock related activities to twelve existing Resort Special Use Permit holders (commercial service supported by horse). The DEIS also analyzes a proposal from one current outfitter and guide (commercial service supported by burros) and a proposal from one new outfitter and guide (commercial service supported by llamas) to issue permits for their proposed commercial activities. The services as proposed would occur on the Inyo National Forest in the Ansel Adams (AA), John Muir (JM), Golden Trout (GT), and South Sierra (SS) Wildernesses, and the non- wilderness portions of the Inyo National Forest. This EIS tiers to the Record of Decision that will be signed for the Trail and Commercial Pack Stock Management Plan Environmental Impact Statement for all activities and uses proposed in the AA and JM Wildernesses. Current activities provided by pack stations include full service guided trips (guide remains for the entire trip), dunnage trips (transport of material and supplies), spot trips (transport of people and supplies to a location and guide leaving), day rides, wild horse viewing in the Pizona Area (from a base camp finding and viewing wild horses), and stock drives (movement of stock to and from winter range to operating areas). Activities currently conducted by the Outfitter and Guides include use of burros and llamas to provide dunnage service, backpacking trips, and camp re-supply services.

This document publishes the final data on thefts of model year (MY) 2003 passenger motor vehicles that occurred in calendar year (CY) 2003. The final 2003 theft data indicate a decrease in the vehicle theft rate experienced in CY/MY 2003. The final theft rate for MY 2003 passenger vehicles stolen in calendar year 2003 (1.84 thefts per thousand vehicles) decreased by 26.1 percent from the theft rate for CY/MY 2002 (2.49 thefts per thousand vehicles) when compared to the theft rate experienced in CY/MY 2002. Publication of these data fulfills NHTSA's statutory obligation to periodically obtain accurate and timely theft data and publish the information for review and comment.

The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the Bureau of Engraving and Printing within the Department of the Treasury is soliciting comments concerning the Claim for Amounts Due in the Case of a Deceased Owner of Mutilated Currency.

The consent agreement in this matter settles alleged violations of Federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.