September 14, 2005 – Federal Register Recent Federal Regulation Documents
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Kansas Disaster # KS-00004
This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Kansas (FEMA 1600DR) dated 8/23/2005. Incident: Severe storms and flooding. Incident Period: 6/30/2005 through 7/1/2005. Effective Date: 8/23/2005. Physical Loan Application Deadline Date: 10/24/2005.
Mississippi Disaster Number MS-00005
This is an amendment of the Presidential declaration of a major disaster for the State of Mississippi (FEMA-1604-DR), dated 8/29/ 2005. Incident: Hurricane Katrina. Incident Period: 8/29/2005 and continuing. Effective Date: 9/6/2005. Physical Loan Application Deadline Date: 10/28/2005. EIDL Loan Application Deadline Date: 5/29/2006.
Agency Information Collection Activities: Submission for the Office of Management and Budget (OMB) Review; Comment Request
The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. 1. Type of submission, new, revision, or extension: Extension. 2. The title of the information collection: 10 CFR Part 9, Public Records. 3. The form number if applicable: NRC-509 and NRC-509A. 4. How often the collection is required: On occasion. 5. Who will be required or asked to report: Individuals requesting access to records under the Freedom of Information or Privacy Acts, or to records that are already publicly available in the NRC's Public Document Room. Submitters of information containing trade secrets or confidential commercial or financial information who have been notified that the NRC has made an initial determination that the information should be disclosed. 6. An estimate of the number of annual responses: 7,987. 7. The estimated number of annual respondents: 7,987. 8. An estimate of the total number of hours needed annually to complete the requirement or request: 2,120 (.3 hours per response). 9. An indication of whether Section 3507(d), Public Law 104-13 applies: N/A. 10. Abstract: 10 CFR part 9 establishes information collection requirements for individuals making requests for records under the Freedom of Information Act (FOIA) or Privacy Act (PA). It also contains requests to waive or reduce fees for searching for and reproducing records in response to FOIA requests; and requests for expedited processing of requests. The information required from the public is necessary to identify the records they are requesting; to justify requests for waivers or reductions in searching or copying fees; or to justify expedited processing. Section 9.28(b) provides that if the submitter of information designated to be trade secrets or confidential commercial or financial information objects to the disclosure, he must provide a written statement within 30 days that specifies all grounds why the information is a trade secret or commercial or financial information that is privileged or confidential. Submit, by November 14, 2005, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC World Wide Web site: https:// www.nrc.gov/public-involve/doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by October 14, 2005. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. John A. Asalone, Office of Information and Regulatory Affairs (3150- 0043), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to JohnA.Asalone@omb.eop.gov or submitted by telephone at (202) 395-4650. The NRC Clearance Officer is Brenda Jo. Shelton, 301-415-7233.
R.E. Ginna Nuclear Power Plant, LLC; R.E. Ginna Nuclear Power Plant; Notice of Public Meeting To Obtain Comments on Request Regarding Proposed Release of Part of Site for Unrestricted Use
The U.S. Nuclear Regulatory Commission (NRC) is conducting a meeting, pursuant to Section 50.83, ``Release of part of a power reactor facility or site for unrestricted use,'' of Part 50 of Title 10 of the Code of Federal Regulations (10 CFR), for purpose of obtaining comments from the public on the proposed release of part of the R.E. Ginna Nuclear Power Plant (Ginna Plant) site, located in Wayne County, New York.
Joseph Scarpelli, Mayor of Brick Township, NJ; Receipt of Petition for Rulemaking
The Nuclear Regulatory Commission (NRC) is publishing for public comment a notice of receipt of a petition for rulemaking, dated July 20, 2005, which was filed with the Commission by Michele R. Donato, Esquire, on behalf of Mayor Joseph Scarpelli of Brick Township. The petition was docketed by the NRC on July 25, 2005, and has been assigned Docket No. PRM-54-03. The petitioner requests that the NRC amend its regulations to provide that a renewed license will be issued only if the plant operator demonstrates that the plant meets all criteria and requirements that would be applicable if the plant was being proposed de novo for initial construction.
Government National Mortgage Association: Excess Yield Securities
The Government National Mortgage Association (Ginnie Mae) is developing a new program under which Ginnie Mae will guarantee securities backed by the excess servicing income relating to one or more mortgage pools or loan packages underlying previously issued Ginnie Mae mortgage-backed securities (Excess Yield Securities). This proposed rule would clarify the authority of Ginnie Mae to guarantee this new product and would provide Ginnie Mae the opportunity to consider public comment before implementing the program.
Submission for OMB Review; Comment Request
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.
Notice of Proposed Information Collection Requests
The Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.
List of Institutions of Higher Education Ineligible for Federal Funds
This document is published to identify institutions of higher education that are ineligible for contracts and grants by reason of a determination by the Secretary of Defense that the institution prohibits or in effect prevents military recruiter access to the campus, students on campus or student directory information. It also implements the requirements set forth in section 983 of title 10, United States Code, and 32 CFR Part 216. The institution of higher education so identified is:
U.S. Court of Appeals for the Armed Forces Proposed Rule Changes
This notice announces the following proposed changes to Rules 36, 39, 21(b)(6), 24(a), 28(a), 32, 34(b), and 10(a)(3) of the Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces for public notice and comment. New language is in bold print.
Service Difficulty Reports
The Federal Aviation Administration is proposing to withdraw a final rule published on September 15, 2000 that would have amended the reporting requirements for certificate holders concerning failures, malfunctions, and defects of aircraft, aircraft engines, systems, and components. The effective date of this final rule has been delayed several times and is now January 31, 2006. We are proposing to withdraw this rule to allow the FAA time to re-examine the service difficulty report (SDR) program based on comments received and other developments since the final rule was published. We are also proposing several amendments that improve the existing SDR program because they did not receive significant comment when proposed in the final rule.
Automotive Replacement Glass Windshields From the People's Republic of China: Final Results of Administrative Review
The Department of Commerce (``the Department'') published its preliminary results of administrative review of the antidumping duty order on automotive replacement glass (``ARG'') windshields from the People's Republic of China (``PRC'') on May 9, 2005. See Automotive Replacement Glass Windshields from the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review 70 FR 24373 (May 9, 2005) (``Preliminary Results''). The period of review (``POR'') is April 1, 2003, through March 31, 2004. We invited interested parties to comment on our preliminary results. Based on our analysis of the comments received, we have made certain changes to our calculations. The final dumping margins for this review are listed in the ``Final Results of Review'' section below.
Technical and Clarifying Amendments to Rules for Exempt Markets, Derivatives Transaction Execution Facilities and Designated Contract Markets, and Procedural Changes for Derivatives Clearing Organization Registration Applications
On July 11, 2005, the Commission published in the Federal Register a request for comments on proposed Technical and Clarifying Amendments to rules for Exempt Markets, Derivatives Transaction Execution Facilities and Designated Contract Markets, and Procedural Changes for Derivatives Clearing Organization Registration Applications. The proposed amendments are intended to: Clarify and codify acceptable practices under the Commission's rules for trading facilities, implemented pursuant to the Commodity Futures Modernization Act of 2000, based on the Commission's experience in applying those rules since they were originally adopted in 2001; and revise the application and review process for designation as a derivatives clearing organization. The original comment period closed on September 9, 2005. By letter dated September 6, 2005, the New York Mercantile Exchange (``NYMEX'') requested that the comment period be extended 15 days, to September 26, 2005. NYMEX requested the additional time because, due to current extreme energy market conditions, the Exchange staff will be unable to properly circulate its response and obtain the necessary committee approvals and other review necessary to file a comment prior to the original close of the comment period on September 9, 2005. In response to this request, and in order to ensure that an adequate opportunity is provided for the submission of meaningful comments, the Commission will reopen and extend the comment period on the proposed rules.
Government-Owned Inventions; Availability for Licensing
The inventions listed below are owned by an agency of the U.S. Government and are available for licensing in the U.S. in accordance with 35 U.S.C. 207 to achieve expeditious commercialization of results of federally-funded research and development. Foreign patent applications are filed on selected inventions to extend market coverage for companies and may also be available for licensing.
Agency Information Collection Activities; Announcement of Office of Management and Budget Approval; Irradiation in the Production, Processing, and Handling of Food
The Food and Drug Administration (FDA) is announcing that a collection of information entitled ``Irradiation in the Production, Processing, and Handling of Food'' has been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995.
Agency Information Collection Activities: Proposed Collection; Comment Request; Food and Drug Administration Survey of Current Manufacturing Practices in the Food Industry
The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal agencies are required to publish a notice in the Federal Register concerning each proposed collection of information and to allow 60 days for public comment in response to the notice. This notice solicits comments on a proposed survey of current manufacturing practices in the food industry. The purpose of the proposed survey is to improve FDA's understanding of current food industry manufacturing practices. The information will be used to assess what impact, if any, new manufacturing requirements would make on the food industry.
Agency Information Collection Activities; Proposed Collection; Comment Request; Pharmaceutical Development Study
The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information and to allow 60 days for public comment in response to the notice. This notice solicits comments on a proposed Pharmaceutical Development Study.
Agency Information Collection Activities: Proposed Collection, Comment Request
To comply with the Paperwork Reduction Act (PRA) of 1995, we are inviting comments on a collection of information that we will submit to the Office of Management and Budget (OMB) for review and approval. The new title for this ICR is ``30 CFR Part 216Production Accounting, Subpart AGeneral Provisions, and Subpart BOil and Gas, General; and Part 210Forms and Reports (Forms MMS-4054, Oil and Gas Operations Report, and MMS-4058, Production Allocation Schedule Report).'' The previous title was ``30 CFR Part 216, Production Accounting, Subparts A and B; and Part 210Forms and Reports.''
Notice of Scoping Meetings and Intent To Prepare an Environmental Assessment for the Proposed Designation of a Nonessential Experimental Population of Rio Grande Silvery Minnow; Correction
We, the U.S. Fish and Wildlife Service (Service), published a notice in the Federal Register on August 3, 2005, with an incorrect date for submitting written comments and an incorrect reference to the time period for the scoping meetings. The document advised the public that a draft environmental assessment will be prepared, pursuant to the National Environmental Policy Act of 1969, as amended, in conjunction with a proposed rule to establish, under section 10(j) of the Endangered Species Act of 1973, as amended, a Nonessential Experimental Population of Rio Grande silvery minnow (Hybognathus amarus) in the Rio Grande in Big Bend National Park and the Rio Grande Wild and Scenic River in Texas.
FCC Closes CC Docket No. 98-67, Addressing Telecommunications Relay Services (TRS); All Filings Addressing TRS Matters Should Be Filed In CG Docket No. 03-123
In this document, the Commission closes CC Docket No. 98-67, a docket for telecommunications relay services (TRS) addressing improved TRS services. Filings in CC Docket No. 98-67 will be incorporated into the current docket, CG Docket No. 03-123. Materials submitted in CC Docket No. 98-67 need not be resubmitted. This action is taken to further administrative efficiency and to reflect the new organizational structure of the Commission.
Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission
The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology.
Airworthiness Directives; Aerospatiale Model ATR42-500 Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain Aerospatiale Model ATR42-500 airplanes. This AD requires inspecting for correct installation of the fastener that attaches the ground braids on the elevator, modifying the forward bonded assembly of the elevator control rod, and corrective action if necessary. This AD results from a functional test of the elevator trim tab control rod of the leading edge, which showed that, in a full-up elevator condition with the tab fully down, interference could occur between the tab control rod and the forward edge of the lower skin of the elevator. We are issuing this AD to prevent discrepancies between the elevator trim tab control rod and the forward edge of the lower skin of the elevator, which could result in reduced control of the elevator and consequent reduced controllability of the airplane.
Airworthiness Directives; Airbus Model A340-200 and -300 Series Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain Airbus Model A340-200 and -300 series airplanes. This AD requires revising the airplane flight manual to incorporate new procedures for the flightcrew to follow to correct miscalculation of the takeoff and accelerating or stopping distance of the airplane during a ferry flight under certain conditions. This AD results from a report that a software error could result in a miscalculation (underestimation) of the runway length necessary for takeoff in the case of a ferry flight with one engine not operating. We are issuing this AD to prevent this miscalculation, which, if combined with high takeoff weight, too-short runway length, and high altitude and temperature of the airport, could result in inability of the flightcrew to abort the takeoff in a safe manner, reduced controllability of the airplane, and runway overrun.
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 Airplanes
The FAA is adopting a new airworthiness directive (AD) for all EMBRAER Model ERJ 170 airplanes. This AD requires inspecting the hydraulic pressure tubes at the outlet of the engine-driven hydraulic pumps to determine the part and serial numbers; and replacing hydraulic pressure tubes having certain serial numbers with new hydraulic pressure tubes. This AD results from failure of a hydraulic system due to leakage of hydraulic fluid from a crack in the pipe coming from the pressure side of the engine-driven pump. We are issuing this AD to prevent cracking of the hydraulic pressure pipes, which could result in failure of hydraulic system 1 or 2 or both, and consequent reduced controllability of the airplane.
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-110P1 and EMB-110P2 Airplanes
The FAA is adopting a new airworthiness directive (AD) for all EMBRAER Model EMB-110P1 and EMB-110P2 airplanes. This AD requires repetitive inspections for corrosion or cracking of the rotating cylinder assembly in the nose landing gear (NLG), and related investigative/corrective actions if necessary. This AD also requires the eventual replacement of the rotating cylinder assembly with a new part, which terminates the need for the repetitive inspections. This AD results from reports of corrosion on the NLG rotating cylinder assembly. We are issuing this AD to prevent cracks from emanating from corrosion pits in the NLG rotating cylinder assembly, which could result in failure of the NLG.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Rota Bridled White-Eye (Zosterops rotensis
We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the Rota bridled white-eye (Zosterops rotensis) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 3,958 acres (ac) (1,602 hectares (ha)) fall within the boundaries of the proposed critical habitat designation on the island of Rota, Commonwealth of the Northern Mariana Islands (CNMI).
Telecommunications Relay Services and Speech-to-Speech Services for Individuals With Hearing and Speech Disabilities
In this document, the Commission concludes that two-line captioned telephone service is a type of telecommunications relay service (TRS) eligible for compensation from the Interstate TRS Fund. The Commission also approves the National Exchange Carrier Association, Inc. (NECA), the Interstate TRS Fund Administrator, proposed allocation methodology for determining the number of inbound two-line captioned telephone minutes that should be compensated from the Interstate TRS Fund. Also in this document, the Commission seeks approval from the Office of Management and Budget (OMB) for any Paperwork Reduction Act (PRA) burdens contained in this document that will modify OMB Control No. 3060-1053 to have TRS providers offering two-line captioned telephone service along with TRS providers offering one-line captioned telephone service file annual reports with the Commission.
Radio Broadcasting Services; Hawley and Munday, TX
At the request of Charles Crawford, the Audio Division allots Channel 269A at Hawley, Texas, as that community's first local aural transmission service. To accommodate the proposed Hawley allotment, Petitioner proposes to modify the site for vacant Channel 270C1 at Munday, Texas. See 69 FR 67882, November 22, 2004. Channel 269A is allotted at Hawley at Petitioner's requested site 9.8 kilometers (6.1 miles) southeast of the community at coordinates 32-32-30 NL and 99-45- 00 WL. The site for Channel 270C1 at Munday can be modified to a site 34 kilometers (21.1 miles) north of the community at coordinates 33-44- 53 NL and 99-42-14 WL.
Radio Broadcasting Services; Church Rock and Grants, NM
This document requests comments on a petition for rule making filed by Millennium Media, Inc. (``Petitioner''), licensee of Station KYVA-FM, Channel 279C, Grants, New Mexico. Petitioner requests that the Commission reallot Channel 279C from Grants to Church Rock, New Mexico, and modify its license accordingly. The coordinates for Channel 279C at Church Rock are 35-36-18 NL and 108-41-11 WL, with a site restriction of 11.2 kilometers (6.9 miles) northwest of Church Rock.
Radio Broadcasting Services; Tenino, WA
This document dismisses a pending petition for rulemaking filed by Dr. Sandra L. Woodruff to allot Channel 229C3 at Tenino, Washington for failure to state a continuing interest in the requested allotment. The document therefore terminates the proceeding. See 70 FR 30050, published May 25, 2005.
Pesticide Program Dialogue Committee Performance Measures Work Group; Notice of Public Meeting
Pursuant to the Federal Advisory Committee Act (Pub. L. 92- 463), the U.S. Environmental Protection Agency (EPA) gives notice of a public meeting of the Pesticide Program Dialogue Committee (PPDC) Performance Measures Work Group on September 26, 2005. An agenda for this meeting is being developed and will be posted on EPA's website. The work group is developing advice and recommendations concerning performance management measures for EPA's pesticide program.
Airworthiness Directives; Boeing Model 777-200 and -300 Series Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 777-200 and -300 series airplanes. This AD requires modification of the splice plate assemblies installed under the floor panels at the forward and aft edges of the cabin aisle. This AD results from reports of cracking of the aluminum splice plates under the floor panels in the cabin aisle. We are issuing this AD to prevent loss of the capability of the cabin floor and seat track structure to support the airplane interior inertia loads under emergency landing conditions. Loss of this support could lead to galley or seat separation from attached restraints, which could result in blocking of the emergency exits and consequent injury to passengers and crew.
Airworthiness Directives; Boeing Model 737-600, -700, -700C, -800, and -900 Series Airplanes
The FAA is superseding an existing airworthiness directive (AD), which applies to all Boeing Model 737-600, -700, -700C, -800, and -900 series airplanes. That AD currently requires either determining exposure to runway deicing fluids containing potassium formate, or performing repetitive inspections of certain electrical connectors in the wheel well of the main landing gear (MLG) for corrosion, and follow-on actions. This new AD adds a new inspection requirement and related corrective actions. This AD is prompted by additional reports indicating that significant corrosion of the electrical connectors in the wheel well of the MLG has also been found on airplanes that land on runways treated with deicing fluids containing potassium acetate. We are issuing this AD to prevent corrosion and subsequent moisture ingress into the electrical connectors, which could result in an electrical short and consequent incorrect functioning of critical airplane systems essential to safe flight and landing of the airplane, including fire warning systems.
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