September 7, 2005 – Federal Register Recent Federal Regulation Documents

In accordance with the National Environmental Policy Act, the Pike National Forest of the Rocky Mountain Region of the Forest Service announces availability of the Final Plan and Final Environmental Impact Statement (Final Plan/EIS) and Record of Decision (ROD) for the Gold Camp Road. The Forest Service is also announcing the agency's decision to restore and reopen a collapsed railroad tunnel and reopen a closed section of Gold Camp Road to one-way traffic, with a third party partner to operate the segment of road (Modified Alternative E). The objective of the management plan for the road is to best accommodate public use and access to National Forest System lands and nearby private in-holdings while maintaining public safety and the historic character of the road. The affected road segment has been closed since 1988 for safety reasons.

The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is soliciting comments on its proposal to revise the United States Standards for Grades of Strawberries. Based on a request from the California Strawberry Commission (CSC), AMS is proposing to modify the standards to allow that percentages be determined by count rather than volume. The proposed revision will make tolerance determination more objective and uniform.

The Commission is required to report annually to Congress on the status of competition in markets for the delivery of video programming. This document solicits information from the public for use in preparing this year's competition report that is to be submitted to Congress in December 2005. Comments and data submitted by parties will be used in conjunction with publicly available information and filings submitted in relevant Commission proceedings to assess the extent of competition in the market for the delivery of video programming.

The Department of Justice (DOJ), Justice Management Division (JMD), proposes to exempt from certain subsections of the Privacy Act, a new Privacy Act system of records entitled ``Federal Bureau of Investigation Whistleblower Case Files, JMD-023,'' as described in today's notice section of the Federal Register. The system maintains all documents and evidence filed with the Director of the Office of Attorney Recruitment and Management (OARM), JMD, pertaining to requests for corrective action by employees of, or applicants for employment with, the Federal Bureau of Investigation (FBI) (or recommendations for corrective action by the Office of the Inspector General or Office of Professional Responsibility) brought under the FBI's whistleblower regulations.

This is a notice of the Presidential declaration of an emergency for the State of Mississippi (FEMA-3213-EM), dated August 28, 2005, and related determinations.

This is a notice of the Presidential declaration of an emergency for the State of Louisiana (FEMA-3212-EM), dated August 27, 2005, and related determinations.

This is a notice of the Presidential declaration of a major disaster for the State of Florida (FEMA-1602-DR), dated August 28, 2005, and related determinations.

The Food and Drug Administration (FDA) is amending the interim final rule on use of materials derived from cattle in human food and cosmetics published in the Federal Register of July 14, 2004. In the July 14, 2004, interim final rule, FDA designated certain materials from cattle, including the entire small intestine, as ``prohibited cattle materials'' and banned the use of such materials in human food, including dietary supplements, and in cosmetics. FDA is taking this action in response to comments received on the interim final rule. Information was provided in comments that persuaded the agency that the distal ileum, one of three portions of the small intestine, could be consistently and effectively removed from the small intestine, such that the remainder of the small intestine, formerly a prohibited cattle material, could be used for human food or cosmetics. We (FDA) are also clarifying that milk and milk products, hide and hide-derived products, and tallow derivatives are not prohibited cattle materials. Comments also led the agency to reconsider the method cited in the interim final rule for determining insoluble impurities in tallow and to cite instead a method that is less costly to use and requires less specialized equipment. FDA issued the interim final rule to minimize human exposure to materials that scientific studies have demonstrated are highly likely to contain the bovine spongiform encephalopathy (BSE) agent in cattle infected with the disease. FDA believes that the amended provisions of the interim final rule provide the same level of protection from human exposure to the agent that causes BSE as the original provisions.

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c) (2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Bureau of Labor Statistics (BLS) is soliciting comments concerning the proposed revision of the ``Cognitive and Psychological Research.'' A copy of the proposed information collection request (ICR) can be obtained by contacting the individual listed below in the Addresses section of this notice.

This is a notice of an Administrative declaration of a disaster for the State of Texas dated 08/29/2005. Incident: Severe Storms and Flooding. Incident Period: 08/09/2005 through 08/15/2005.

This is a Notice of the Presidential declaration of a major disaster for the State of Mississippi (FEMA-1604-DR), dated 08/29/2005. Incident: Hurricane Katrina. Incident Period: 08/29/2005 and continuing.

The Food Safety and Inspection Service (FSIS) is amending its interim final rule, ``Prohibition of the Use of Specified Risk Materials for Human Food and Requirements for the Disposition of Non- Ambulatory Cattle,'' published in the Federal Register on January 12, 2004. The amendments permit beef small intestine, excluding the distal ileum, to be used for human food, provided that such product is derived from cattle that were slaughtered in an official establishment in the United States or in a certified foreign establishment from a foreign country that is eligible to export beef products to the United States. Although the distal ileum is the only portion of the small intestine in which BSE infectivity has been confirmed, the January 2004 interim final rule requires that the entire small intestine of all cattle be removed and disposed of as inedible. FSIS is taking this action based on the Agency's evaluation of this issue and of the comments received on the interim final rule, as well as comments received on an advance notice of proposed rulemaking published in July 2004. FSIS has concluded that the distal ileum can be effectively removed from the rest of the small intestine. FSIS has determined that removal of the distal ileum in accordance with the amendments in this document will provide the same level of protection from human exposure to the BSE agent as does the exclusion of the entire small intestine from the human food supply.

St. Johns County (Applicant) is seeking an incidental take permit (ITP) from the Fish and Wildlife Service (Service) pursuant to Section 10(a)(1)(B) of the Endangered Species Act of 1973 (Act), as amended. The Applicant anticipates that authorization of beach driving and related activities, over a requested permit term of 20 years, will result in the incidental taking of the endangered Anastasia Island beach mouse (Peromyscus polionotus phasma), leatherback sea turtle (Dermochelys coriacea), green sea turtle (Chelonia mydas), Kemp's ridley sea turtle (Lepidochelys kempi), and hawksbill sea turtle (Eretmochelys imbricata), as well as the threatened loggerhead sea turtle (Caretta caretta). The anticipated taking of these federally listed species is incidental to otherwise legal vehicle operation on the beaches of St. Johns County, pursuant to the Beach and Shore Preservation Act of 1998, section 161.36, Florida Statutes. A description of the mitigation and minimization measures outlined in the Applicant's Habitat Conservation Plan (HCP) to address the effects of the beach access and beach access-related activities on federally listed species is described further in the SUPPLEMENTARY INFORMATION section below. The Service has made a preliminary determination that the issuance of the Permit is not a major Federal action significantly affecting the quality of the human environment within the meaning of section 102(2)(C) of NEPA. This preliminary information may be revised due to public comment received in response to this notice and is based on information contained in the Environmental Assessment (EA) and HCP. Copies of the HCP and EA may be obtained by making a request to the Regional Office (see ADDRESSES). Requests must be in writing to be processed. This Notice is provided pursuant to section 10 of the Endangered Species Act and NEPA regulations (40 CFR 1506.6).

This notice advises the public that Snowshoe Mountain, Incorporated (SMI) has applied to the U.S. Fish and Wildlife Service (Service) for an ITP pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 (ESA), as amended. The application has been assigned permit number TE-102380. The proposed permit would authorize the incidental take of a federally endangered species, the West Virginia northern flying squirrel (WVNFS) (Glaucomys sabrinus fuscus), known to occur throughout the property owned by the applicant at Snowshoe Mountain Resort, Pocahontas County, West Virginia. The proposed taking is incidental to a planned recreation and infrastructure expansion project on approximately 43 acres owned by SMI. The permit would be in effect for up to 10 years depending on completion of the proposed activities. The Service announces the receipt of the SMI ITP application and the availability of the proposed Recreation and Infrastructure Expansion at Snowshoe Mountain HCP which accompanies the ITP application, for public comment. In addition, the Service also announces the availability of a draft EA for the proposed issuance of the ITP. This notice is provided pursuant to the section 10(c) of the ESA and National Environmental Policy Act of 1969 (NEPA) regulations (40 CFR 1506.6). The Service will evaluate the application, associated documents, and comments submitted thereon to determine whether the application meets the requirements of NEPA regulations and section 10(a) of the ESA. If it is determined that the requirements are met, a permit will be issued for the incidental take of the WVNFS. The final NEPA and permit determinations will not be completed until after the end of the 60-day comment period and will fully consider all public comments received during the comment period.

The plats of survey described below are scheduled to be officially filed in the New Mexico State Office, Bureau of Land Management, Santa Fe, New Mexico, (30) thirty calendar days from the date of this publication.

This notice announces those sites for which ATSDR has completed public health assessments during the period from April through June 2005. This list includes sites that are on or proposed for inclusion on the National Priorities List (NPL) and includes sites for which assessments were prepared in response to requests from the public.

This document amends Title 19 of the Code of Federal Regulations by making technical corrections to certain authority citations to reflect amendments to the Harmonized Tariff Schedule of the United States effected by the President's Proclamation of December 30, 2003, to implement the United States-Singapore Free Trade Agreement.

The Commission hereby gives notice of the scheduling of the final phase of antidumping investigation No. 731-TA-1089 (Final) under section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act) to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of less-than-fair-value imports from Brazil of certain orange juice, provided for in subheadings 2009.11.00, 2009.12.25, 2009.12.45, and 2009.19.00 of the Harmonized Tariff Schedule of the United States.\1\

The Office of the United States Trade Representative (USTR) is providing notice of the country-by-country allocations of the in-quota quantity of the tariff-rate quotas for imported raw cane sugar, refined sugar, and sugar-containing products for the period that begins October 1, 2005 and ends September 30, 2006.

The Office of Oceanic and Atmospheric Research publishes this notice to announce the availability for public comment of the Science Advisory Board's (SAB) draft report on the evaluation of NOAA's response to the Research Review Report. ``The Evaluation of NOAA's Response to the Research Review Report'' can be found at: https:// www.sab.NOAA.gov/reports/reports.html.