September 23, 2005 – Federal Register Recent Federal Regulation Documents

Arab Republic of Egypt Loan Guarantees Issued Under the Emergency Wartime Supplemental Appropriations Act of 2003-Standard Terms and Conditions
Document Number: 05-19122
Type: Rule
Date: 2005-09-23
Agency: Agency for International Development, Agencies and Commissions
This regulation prescribes the procedures and standard terms and conditions applicable to loan guarantees issued for the benefit of the Arab Republic of Egypt pursuant to the Emergency Wartime Supplemental Appropriations Act of 2003.
Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West; Revision of the Salable Quantity and Allotment Percentage for Class 1 (Scotch) and Class 3 (Native) Spearmint Oil for the 2005-2006 Marketing Year
Document Number: 05-19084
Type: Rule
Date: 2005-09-23
Agency: Agricultural Marketing Service, Department of Agriculture
This rule revises the quantity of Class 1 (Scotch) and Class 3 (Native) spearmint oil that handlers may purchase from, or handle for, producers during the 2005-2006 marketing year. This rule increases the Scotch spearmint oil salable quantity from 677,409 pounds to 1,062,898 pounds, and the allotment percentage from 35 percent to 55 percent. In addition, this rule increases the Native spearmint oil salable quantity from 867,958 pounds to 1,019,600 pounds, and the allotment percentage from 40 percent to 47 percent. The order regulates the handling of spearmint oil produced in the Far West and is administered locally by the Spearmint Oil Administrative Committee (Committee). The Committee recommended this rule for the purpose of avoiding extreme fluctuations in supplies and prices and to help maintain stability in the Far West spearmint oil market.
Ocean Dumping; Site Designation
Document Number: 05-19063
Type: Rule
Date: 2005-09-23
Agency: Environmental Protection Agency
EPA today designates a new Ocean Dredged Material Disposal Site (ODMDS) in the Atlantic Ocean offshore Port Royal, South Carolina, as an EPA-approved ocean dumping site for the disposal of suitable dredged material. This action is necessary to provide an acceptable ocean disposal site for consideration as an option for dredged material disposal projects in the greater Port Royal, South Carolina, vicinity. This site designation is for an indefinite period of time, but the site is subject to continuing monitoring to insure that unacceptable adverse environmental impacts do not occur.
Fenpropathrin; Pesticide Tolerance
Document Number: 05-19062
Type: Rule
Date: 2005-09-23
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of fenpropathrin in or on bushberry subgroup 13B; lingonberry; juneberry; salal; pea, succulent; and vegetable, fruiting, group 8. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).
Kasugamycin; Pesticide Tolerance
Document Number: 05-19061
Type: Rule
Date: 2005-09-23
Agency: Environmental Protection Agency
This regulation establishes a tolerance forresidues of kasugamycin in or on fruiting vegetables, crop group 8. Arysta Lifescience North American Corporation (previously know as Arvesta Corporation), agent for Hokko Chemical Industry Corporation, requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).
Pyriproxyfen; Pesticide Tolerance
Document Number: 05-19059
Type: Rule
Date: 2005-09-23
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of pyriproxyfen in or on grass, forage, fodder, and hay, group 17, forage; grass, forage, fodder, and hay, group 17, hay; vegetable, legume, group 6; onion, dry bulb; grape; strawberry; sapote, white; and citrus hybrids. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).
Pyridaben; Pesticide Tolerance
Document Number: 05-19058
Type: Rule
Date: 2005-09-23
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of pyridaben in or on hop, dried cones; papaya; star apple; sapote, black; mango; sapodilla; sapote, mamey; canistel, fruit, stone, group 12; strawberry; and tomato. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA). EPA is also deleting certain pyridaben tolerances that are no longer needed as result of this action.
Pesticides; Removal of Expired Time-Limited Tolerance Exemptions
Document Number: 05-19056
Type: Rule
Date: 2005-09-23
Agency: Environmental Protection Agency
EPA is removing time-limited tolerance exemptions for several pesticide chemicals. These time-limited tolerance exemptions are being removed because they have expired and are obsolete, and to ensure that the regulatory listings of tolerance exemptions are properly updated.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List
Document Number: 05-19055
Type: Rule
Date: 2005-09-23
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA), Region 2 office, announces the deletion of the Jones Sanitation Superfund Site (Site), located in Hyde Park, New York, from the National Priorities List (NPL). The NPL is appendix B to the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR part 300, which EPA promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended. EPA and the State of New York, through the New York State Department of Environmental Conservation (NYSDEC), have determined that potentially responsible parties have implemented all appropriate response actions required. Moreover, EPA and NYSDEC have determined that with proper monitoring, operation and maintenance, this Site poses no significant threat to public health or the environment.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List
Document Number: 05-19054
Type: Rule
Date: 2005-09-23
Agency: Environmental Protection Agency
The Environmental Protection Agency (``EPA'' or the ``Agency'') New England (Region 1) announces the deletion of the Nutmeg Valley Road Site (``Site'') from the National Priorities List (``NPL''). The NPL constitutes appendix B of 40 part 300 which is the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP''), which EPA promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation and Liability Act (``CERCLA'') of 1980, as amended. EPA and the Connecticut Department of Environmental Protection (``CT DEP'') have determined that the Site poses no significant threat to public health or the environment and, therefore, no further remedial measures pursuant to CERCLA are appropriate.
Medicaid Program; Disproportionate Share Hospital Payments
Document Number: 05-19051
Type: Proposed Rule
Date: 2005-09-23
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This document corrects a technical error that appeared in the proposed rule published in the Federal Register on August 26, 2005 entitled ``Medicaid Program; Disproportionate Share Hospital Payments.''
Atlantic Highly Migratory Species; Amendments to the Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks and the Fishery Management Plan for Atlantic Billfish
Document Number: 05-19048
Type: Proposed Rule
Date: 2005-09-23
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Due to the mandatory evacuation of the Florida Keys for Hurricane Rita, NMFS is cancelling a public hearing on the draft Consolidated Highly Migratory Species (HMS) Fishery Management Plan (FMP) and proposed rule that was scheduled for September 21, 2005, in Key West, FL. NMFS intends to reschedule the Key West public hearing at a later date. The draft Consolidated HMS FMP and the proposed rule describe a range of management measures that could impact fishermen and dealers for all HMS fisheries.
Noxious Weed Control and Eradication Act; Delegation of Authority
Document Number: 05-19044
Type: Rule
Date: 2005-09-23
Agency: Animal and Plant Health Inspection Service, Department of Agriculture, Office of the Secretary
This document delegates the authority given to the Secretary of Agriculture under the Noxious Weed Control and Eradication Act of 2004 to establish a program to provide financial and technical assistance to control or eradicate noxious weeds. Authority is delegated from the Secretary of Agriculture to the Under Secretary for Marketing and Regulatory Programs; from that official to the Administrator of the Animal and Plant Health Inspection Service; and from the Administrator of the Animal and Plant Health Inspection Service to the Deputy Administrator for Plant Protection and Quarantine. In addition, this document also removes references to statutes that were repealed upon enactment of the Plant Protection Act and statutes that were repealed upon enactment of the Animal Health Protection Act.
Records Center Facility Standards
Document Number: 05-19021
Type: Rule
Date: 2005-09-23
Agency: National Archives and Records Administration, Agencies and Commissions
NARA published the final rule, Records Center Facility Standards, in the August 29, 2005, Federal Register (70 FR 50980). In that final rule, we revised Sec. 1228.240(c) entirely, removing subordinate paragraphs Sec. Sec. 1228.240(c)(1) and (c)(2). Paragraph Sec. 1228.240(d), which was not amended in the rulemaking, currently contains a sentence ``For requests submitted under paragraph (c)(2) of this section, NARA also will review the submitted plan to ensure that the plan is realistic.'' This correction removes that sentence.
Food Stamp Program: Discretionary Quality Control Provisions of Title IV of Public Law 107-171
Document Number: 05-19020
Type: Proposed Rule
Date: 2005-09-23
Agency: Department of Agriculture, Food and Nutrition Service
On May 13, 2002, the President signed the Farm Security and Rural Investment Act of 2002. Title IV of that law, the Food Stamp Reauthorization Act of 2002, contains provisions substantively revising the Quality Control system. This rule proposes to amend the Food Stamp Program regulations to implement certain discretionary provisions concerning the Quality Control system in Sections 4118 and 4119 of the Food Stamp Reauthorization Act of 2002. This rule would establish new timeframes for completing individual Quality Control reviews and establish procedures for resolving liabilities following appeal decisions. This rule proposes to revise the negative case review procedures and provides procedures for households that break up while subject to the penalty for refusal to cooperate with a Quality Control review. This rule also proposes several additional policy changes and technical corrections, including deletion of material pertaining to enhanced administrative funding for low error rates, which was ended beginning in Fiscal Year 2003 by the statute. An interim rule published October 16, 2003, addressed certain non-discretionary provisions concerning the Quality Control system in Sections 4118 and 4119 of the Food Stamp Reauthorization Act. The high performance bonuses that replace the administrative enhanced funding are addressed in a separate rule published February 7, 2005. This rule would affect State agencies' quality control review operations, and it would alter the impact on State agencies of assessment and resolution of potential liabilities for excessive payment error rates and awarding of bonuses for superior performance. Households sampled for quality control review of their cases would be minimally affected by this rule.
Drawbridge Operation Regulations; Trent River, NC
Document Number: 05-19006
Type: Rule
Date: 2005-09-23
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is temporarily changing the regulations that govern the operation of the U.S. 70 Bridge across the Trent River, at mile 0.0, at New Bern, NC. This rule allows the bridge to remain in the closed-to-navigation position from 6 a.m. to 10:30 a.m., on October 1, 2005, to facilitate the Neuse River Bridge Run.
Escort Vessels for Certain Tankers-Crash Stop Criteria
Document Number: 05-19005
Type: Rule
Date: 2005-09-23
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is permanently removing a ``crash stop'' requirement for tanker escort vessels in Prince William Sound and Puget Sound. The requirement appeared in a final rule published in 1994 under docket number CGD 91-202, but was suspended for safety reasons before it ever went into effect. Removal of the suspended provision is the final action for both the CGD 91-202 and the USCG-2003-14734 rulemakings.
Revision of Rules of Practice and Procedure Regarding Issue Identification
Document Number: 05-19004
Type: Rule
Date: 2005-09-23
Agency: Department of Energy, Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission (Commission) is revising its regulations regarding filings. The regulations are revised to clarify that any issues that the movant wishes the Commission to address must be specifically identified in a section entitled ``Statement of Issues.'' This change will benefit the Commission by clarifying issues raised, and benefit movants by ensuring issues are addressed promptly and preserved for appeal.
Preventing Undue Discrimination and Preference in Transmission Services
Document Number: 05-19003
Type: Proposed Rule
Date: 2005-09-23
Agency: Department of Energy, Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission (Commission) is inviting comments on whether reforms are needed to the Order No. 888 pro forma open access transmission tariff (OATT) and the OATTs of public utilities to ensure that services thereunder are just, reasonable and not unduly discriminatory or preferential. The Commission is also inviting comments on the implementation of the newly established section 211A of the Federal Power Act (concerning the provision of open access transmission service by unregulated transmitting utilities). Finally, the Commission is inviting comments on section 1233 of the Energy Policy Act of 2005, which defines native load service obligation.
Commission Authorization To Hold Interlocking Positions
Document Number: 05-19002
Type: Rule
Date: 2005-09-23
Agency: Department of Energy, Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission (Commission) is amending its regulations to clarify the time frame within which individuals must file applications for authorization to hold interlocking positions, and the information provided in certain informational reports required for automatic authorization of certain interlocking positions.
Repeal of the Public Utility Holding Company Act of 1935 and Enactment of the Public Utility Holding Company Act of 2005
Document Number: 05-19000
Type: Proposed Rule
Date: 2005-09-23
Agency: Department of Energy, Federal Energy Regulatory Commission
Pursuant to Title XII, Subtitle F of the Energy Policy Act of 2005 (EPAct 2005), the Federal Energy Regulatory Commission (Commission) proposes to issue rules implementing the repeal of the Public Utility Holding Company Act of 1935, and the enactment of the Public Utility Holding Company Act of 2005, EPAct 2005. The Commission also proposes to remove its exempt wholesale generator rules, 18 CFR part 365 (2005), as they are no longer necessary. The Commission seeks public comment on the rules proposed herein.
National Arboretum
Document Number: 05-18991
Type: Rule
Date: 2005-09-23
Agency: Agricultural Research Service, Department of Agriculture
The Department of Agriculture (USDA) is modifying the rules of conduct at the United States National Arboretum (USNA) and the schedule of fees to be charged for certain uses of the facilities, grounds, and services at the USNA.
Irish Potatoes Grown in Colorado; Decreased Assessment Rate
Document Number: 05-18990
Type: Rule
Date: 2005-09-23
Agency: Agricultural Marketing Service, Department of Agriculture
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule which decreased the assessment rate established for the Area No. 3 Colorado Potato Administrative Committee (Committee) for the 2005-2006 and subsequent fiscal periods from $0.03 to $0.02 per hundredweight of potatoes handled. The Committee locally administers the marketing order which regulates the handling of potatoes grown in Colorado. Assessments upon Colorado potato handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins July 1 and ends June 30. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Administration and Support Basic Research
Document Number: 05-18985
Type: Rule
Date: 2005-09-23
Agency: Office of the Secretary, Department of Defense
This document provides general policy guidance and principles for the conduct of DoD Components' Basic Research programs. It implements a general policy on the support of scientific research that is contained in the 1954 Executive Order 10521, ``Administration of Scientific Research by Agencies of the Federal Government,'' March 17, 1954. It also implements guiding principles for the government- university research partnership that are contained in Executive Order 13185, ``To Strengthen the Federal Government-University Research Partnership.''
Hazardous Materials Regulations: Minor Editorial Corrections and Clarifications
Document Number: 05-18983
Type: Rule
Date: 2005-09-23
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
This final rule corrects editorial errors, makes minor regulatory changes and, in response to requests for clarification, improves the clarity of certain provisions in the Hazardous Materials Regulations (HMR). In addition, this final rule revises references to the former Research and Special Programs Administration to reflect the creation of Pipeline and Hazardous Materials Safety Administration. The intended effect of this rule is to enhance the accuracy, and reduce misunderstandings of the regulations. The amendments contained in this rule are minor changes and do not impose new requirements.
Migratory Bird Hunting; Late Seasons and Bag and Possession Limits for Certain Migratory Game Birds
Document Number: 05-18971
Type: Rule
Date: 2005-09-23
Agency: Fish and Wildlife Service, Department of the Interior
This rule prescribes the hunting seasons, hours, areas, and daily bag and possession limits for general waterfowl seasons and those early seasons for which States previously deferred selection. Taking of migratory birds is prohibited unless specifically provided for by annual regulations. This rule permits the taking of designated species during the 2005-06 season.
Amicarbazone; Pesticide Tolerance
Document Number: 05-18951
Type: Rule
Date: 2005-09-23
Agency: Environmental Protection Agency
This regulation establishes tolerances for combined residues of amicarbazone and its metabolites in or on field corn and livestock commodities and indirect or inadvertent residues of amicarbazone and its metabolites in alfalfa, cotton, soybean and wheat. Arysta Lifescience North American Corporation (perviously known as Arvesta Corporation) requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).
HIPAA Administrative Simplification: Standards for Electronic Health Care Claims Attachments
Document Number: 05-18927
Type: Proposed Rule
Date: 2005-09-23
Agency: Office of the Secretary, Department of Health and Human Services
This rule proposes standards for electronically requesting and supplying particular types of additional health care information in the form of an electronic attachment to support submitted health care claims data. It would implement some of the requirements of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996.
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