September 13, 2005 – Federal Register Recent Federal Regulation Documents

NMFS is opening directed fishing for pollock in Statistical Area 630 of the Gulf of Alaska (GOA) for 48 hours. This action is necessary to fully use the C season allowance of the 2005 total allowable catch (TAC) of pollock specified for Statistical Area 630.

In compliance with 37 CFR 404 et seq., the Department of the Army hereby gives notice of its intent to grant to Extreme Endeavors and Consulting, a corporation having its principal place of business at P.O. Box 2093, Philippi, WV 26416, exclusive license to practice in the United States, the Government-owned inventions described in U.S. Patent No. 5,515,865 issued May 14, 1996 entitled, ``Sudden Infant Death Syndrome (SIDS) Monitor and Simulator,'' U.S. Patent No. 5,684,460 issued in November 4, 1997 entitled ``Motion and Sound Monitor Simulator,''; and U.S. Patent No. 5,853,005 issued in December 29, 1998 entitled ``Acoustic Monitoring System,''.

The Advisory Committee on Rules of Bankruptcy Procedure will hold a two-day meeting. The meeting will be open to public observation but not participation.

The Advisory Committee on Rules of Evidence will hold a one- day meeting. The meeting will be open to public observation but not participation.

The Advisory Committee on Rules of Criminal Procedure will hold a two-day meeting. The meeting will be open to public observation but not participation.

The FAA is superseding an existing airworthiness directive (AD), which applies to all BAe Systems (Operations) Limited Model ATP airplanes. That AD currently requires revising the Airworthiness Limitations Section (ALS) of the Instructions for Continued Airworthiness to incorporate life limits for certain items and inspections to detect fatigue cracking in certain structures. This new AD requires a revision to the ALS of the Instructions for Continued Airworthiness to incorporate new inspections to detect fatigue cracking of certain significant structural items (SSIs) and to revise life limits for certain equipment and various components. This AD is prompted by a determination that existing inspection techniques are not adequate for certain SSIs and by the revision of certain life limits. We are issuing this AD to detect and correct fatigue cracking of certain structural elements, which could adversely affect the structural integrity of these airplanes.

The U.S. Fish and Wildlife Service (Service) announces the availability of the approved recovery plan for the Devils River Minnow (Dionda diaboli). The Devils River minnow is known to occur in streams in Kinney and Val Verde Counties, Texas, and Coahuila, Mexico. The threats facing the species include: Habitat loss due to declining surface water flows from springs, pollution to streams, and impacts from nonnative species. The recovery plan outlines the necessary criteria, objectives and tasks to reduce these threats and accomplish the goal of delisting the Devils River minnow.

The Farm Credit Administration (FCA or Agency) amends its rules governing preferred stock issued by Farm Credit System (FCS or System) banks, associations, and service corporations. This final rule requires greater board involvement and oversight in the retirement of preferred stock, enhances FCA's current standards of conduct regulations to specifically address insider preferred stock transactions, modifies and streamlines the FCA review and clearance process, and requires disclosure of senior officer and director preferred stock transactions. Lastly, we add a new provision to require FCA prior approval of investments by FCS banks, associations, and service corporations in preferred stock of other System institutions, including the Federal Agricultural Mortgage Corporation (Farmer Mac).

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), the Western Montana Resource Advisory Council will meet as indicated below.

This notice announces a temporary closure of the Bureau of Land Management Arizona State Office Public Room for October 5-12, 2005. The five-day closure is for the purpose of relocating the land and mineral records, office furniture and electronic equipment to a new location in the Phelps Dodge Tower at 1 North Central Avenue in downtown Phoenix, Arizona. The Public Room will be reopened to the public for regular business hours9 a.m. to 4 p.m., starting on Thursday, October 13, 2005. The phone number to the Public Room, (602) 417-9200, will remain the same in the new location.

The Food and Drug Administration (FDA) is announcing a public hearing on direct-to-consumer (DTC) promotion of regulated medical products, including prescription drugs for humans and animals, vaccines, blood products, and medical devices. FDA is particularly interested in hearing the views of individuals and groups most affected by DTC promotion, including consumers, patients, caregivers, health professionals (physicians, physicians' assistants, dentists, nurses, pharmacists, veterinarians, and veterinarian technicians) managed care organizations, and insurers, as well as the regulated industry. FDA is seeking input on a number of specific questions, but is interested in any other pertinent information participants in the hearing would like to share. Dates and Times: The public hearing will be held on November 1 and 2, 2005, from 9 a.m. to 5 p.m. Submit written or electronic notices of participation by close of business on October 11, 2005. Written and electronic comments will be accepted until February 28, 2006. Location: The public hearing will be held at the National Transportation Safety Board Boardroom and Conference Center, 429 L'Enfant Plaza, SW., Washington, DC 20594, 202-314-6421; Metro: L'Enfant Plaza station on the green, yellow, blue, and orange lines; see: https://ntsb.gov/events/newlocation.htm. (FDA has verified the Web site address, but FDA is not responsible for any changes to the Web site after this document publishes in the Federal Register.) Addresses: Written or electronic notices of participation should be submitted to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852, or on the Internet at https://www.accessdata.fda.gov/scripts/oc/dockets/ meetings/meetingdocket.cfm. Comments about the meeting or comments after the meeting should be submitted to https://www.fda.gov/dockets/ ecomments. Written or electronic comments can be submitted to https:// www.fda.gov/oc/dockets/ecomments. A consolidated list of all documents and other information related to the public hearing, such as the Federal Register notice, the agenda, public comments, and transcripts will be posted with their links, as the documents are made available, on the Center for Drug Evaluation and Research (CDER) Web site at https://www.fda.gov/cder/ddmac. For further information contact: Rose Cunningham, Center for Drug Evaluation and Research (HFD-006), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20852, 301-443-5595, e-mail: cunninghmar@cder.fda.gov. For registration to attend and/or to participate in the meeting: Seating at the hearing is limited. People interested in attending the meeting should register at https://www.accessdata.fda.gov/scripts/oc/ dockets/meetings/meetingdocket.cfm. Registration is free and will be accepted on a first-come, first-served basis. The procedures governing the hearing are found in part 15 (21 CFR part 15). Anyone wishing to make an oral presentation during the hearing must state this intention on the registration form (see Addresses). To participate, submit your name, title, business affiliation, address, telephone and fax numbers, and e-mail address. A written statement also should be submitted at the time of registration for each discussion question to be addressed, with the names and addresses of all individuals who plan to participate, and the approximate time requested for the presentation. The agency requests that interested persons and groups having similar interests consolidate their comments and present them through a single representative. Individuals who have registered to make an oral presentation will be notified of the scheduled time for their presentation prior to the hearing. Depending on the number of presentations, FDA may need to limit the time allotted for each presentation. FDA has identified questions and subject matter of special interest in section III of this document, but presentations do not have to be limited to those questions. Presenters should submit to the agency two copies of each presentation given. All participants are encouraged to attend the entire 2-day meeting. If special accommodations are needed because of a disability, the registration contact person should be informed at the time of registration.

DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to add policy pertaining to package marking with passive radio frequency identification (RFID) tags. The rule requires contractors to affix passive RFID tags at the case and palletized unit load levels when shipping packaged operational rations, clothing, individual equipment, tools, personal demand items, or weapon system repair parts, to the Defense Distribution Depot in Susquehanna, PA, or the Defense Distribution Depot in San Joaquin, CA.

EPA is taking direct final action to approve revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from facilities storing and processing organic liquids such as crude oil and petroleum by-products. We are approving SJVUAPCD Rule 4623, a rule regulating these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

The EPA is finalizing approval of a new consumer products regulation as part of the California State Implementation Plan (SIP) for ozone under the Clean Air Act (CAA) as amended in 1990. This California regulation adopts a new approach to reducing ozone formation from volatile organic compounds (VOC) in aerosol coating products. The EPA is also approving the use of California's Tables of Maximum Incremental Reactivity (MIR) to allow implementation of their rule. This action also revises EPA's definition of VOCs so that compounds which we previously identified as negligibly reactive and exempt from EPA's regulatory definition of VOCs now count towards a product's reactivity-based VOC limit for the purpose of California's aerosol coatings regulation. These revisions were previously proposed in the Federal Register on January 7, 2005 (70 FR 1640) and are expected to help in California's efforts to attain the National Ambient Air Quality Standards (NAAQS) for ozone.

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the state of Iowa for the purpose of establishing guidelines to identify stationary sources of air pollution potentially subject to Best Available Retrofit Technology (BART) emission control requirements. Owners and operators of stationary sources meeting the eligibility criteria will be required to submit source identification and emission unit description information to the state by September 1, 2005. BART-eligibility information is to be submitted on Iowa Department of Natural Resources (IDNR) form 542-8125 that lists facility information and emission unit identification and description. Annual emission totals in tons-per-year (potential) for PM10, NOX, SO2 and VOCs are also required.

Pursuant to 28 CFR part 901, the National Crime Prevention and Privacy Compact Council (Compact Council), established by the National Crime Prevention and Privacy Compact Act of 1998 (Compact), has approved a Federal Emergency Management Agency (FEMA) proposal to access the Interstate Identification Index (III) System on a delayed fingerprint submission basis when conducting pre-employment criminal history record checks on FEMA emergency workers during times of natural disasters and catastrophic emergencies. (See FEMA's request, attached) FEMA is authorized access to criminal history record information to conduct background checks on applicants for federal employment pursuant to title 28 United States Code section 534 and Executive Order 10450. The FEMA's request was submitted by letter dated October 19, 2004, and approved by the Compact Council on November 4, 2004, pursuant to 28 CFR 901.2 and 901.3. Access to the III System to conduct name-based criminal history record checks, followed by fingerprint submissions, provides a responsive and timely avenue to support FEMA's need for expeditious pre-employment screening during exigent circumstances. An example of such need arose during 2004 when several hurricanes struck the southeastern portion of the United States causing the FEMA to hire large numbers of emergency workers in a short period of time. FEMA intends to enlist the services of the Federal Protective Service or another criminal justice agency with authorized direct access to the III System to conduct the preliminary III name checks on behalf of FEMA. Such name-based checks will be followed by submission of the applicant's fingerprints to the FBI within 5 working days.

The Cost Accounting Standards (CAS) Board, Office of Federal Procurement Policy, invites public comments on the staff discussion paper regarding a provision that provides an exemption from CAS for contracts that are executed and performed entirely outside the United States, its territories, and possessions.

The Bureau of Reclamation is issuing this proposed rulemaking to establish regulations regarding public access to and conduct on all Reclamation projects, waters, and real property subject to the jurisdiction or administration of Reclamation or in its custody. Reclamation is required by law to issue this rule in order to maintain law and order and protect persons and property on its projects. This proposed rule would supersede the existing Public Conduct rule, and amend provisions located elsewhere to ensure consistency.

The FAA is adopting a new airworthiness directive (AD) for certain Raytheon Aircraft Company Models 1900, 1900C, 1900C (C-12J), and 1900D airplanes. This AD requires you to inspect all elevator hinge support attachments on both left and right elevators for loose and missing rivets, replace rivets if loose or missing rivets are found, inspect the elevator hinge joints for looseness and clearance of each elevator to its stabilizer, correct looseness and clearance if incorrect, and report results of the required inspections. This AD results from a report of excessive movement of the elevator and elevator trim. The hinge support attachment that attaches the elevator to the horizontal stabilizer was loose and had loose and missing rivets. The elevator counterweight horn showed evidence of rubbing against the horizontal stabilizer, indicating possible incorrect clearance. We are issuing this AD to detect and correct any looseness in the elevator hinge support attachments, which could result in binding of the elevator control system. This elevator binding could lead to loss of control of the airplane.

This regulation establishes tolerances for residues of cyfluthrin in or on almond hulls, cucurbit vegetable crop group 9, fruiting vegetable group 8; grass forage; grass hay; grape; grape, raisin; leafy Brassica greens, subgroup 5B; leafy vegetable group, except Brassica, group 4; pistachio; pome fruit group 11; stone fruit group 12; tuberous and corm vegetable subgroup 1C; peanut; peanut, hay; pea and bean, dried shelled, except soybean, subgroup 6C; tree nuts, Crop Group 14; turnip greens; wheat forage; wheat hay; and wheat straw. Bayer CropScience and the Interregional Research Project Number 4 (IR- 4) requested the tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the endangered southern California distinct vertebrate population segment (DPS) of the mountain yellow- legged frog (Rana muscosa) pursuant to the Endangered Species Act of 1973, as amended (Act). We have determined that approximately 8,770 ac (3,549 ha) of land containing features essential to the conservation of the mountain yellow-legged frog exist in Los Angeles, San Bernardino, and Riverside Counties, CA. We are proposing to designate approximately 8,283 acres (ac) (3,352 hectares (ha)) of streams and riparian areas as critical habitat within 3 units in southern California, further divided into subunits: Unit 1 (7 subunits) in the San Gabriel Mountains (Los Angeles and San Bernardino counties); Unit 2 (3 subunits) in San Bernardino Mountains (San Bernardino County); and Unit 3 (4 subunits) in the San Jacinto Mountains (Riverside County). Lands being proposed as critical habitat are under Federal, local/state, and private ownership; no tribal lands are included in this proposed designation. This proposed designation includes areas currently known to be occupied by the southern California DPS of the mountain yellow-legged frog, as well as several areas that were historically occupied, but are currently unoccupied. We are proposing to exclude critical habitat from approximately 487 ac (197 ha) of non-Federal lands within existing Public/Quasi Public (PQP) lands, proposed conceptual reserve design lands, and lands targeted for conservation within the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Area under section 4(b)(2) of the Act.