September 29, 2005 – Federal Register Recent Federal Regulation Documents

This notice amends the notice of a major disaster declaration for the State of Louisiana (FEMA-1603-DR), dated August 29, 2005, and related determinations.

The U.S. Nuclear Regulatory Commission's (NRC) Office of Nuclear Material Safety and Safeguards (NMSS) has issued NUREG-1757, Supplement 1, ``Consolidated NMSS Decommissioning Guidance: Updates to Implement the License Termination Rule Analysis, Draft Report for Comment'' for public comment.

The Nuclear Regulatory Commission (NRC) is amending its regulations to incorporate by reference NRC Regulatory Guides listing Code Cases published by the American Society of Mechanical Engineers (ASME) which the NRC has reviewed and found to be acceptable for use. These Code Cases provide alternatives to requirements in the ASME Boiler and Pressure Vessel Code (BPV Code) pertaining to construction and inservice inspection of nuclear power plant components. This action updates the incorporation by reference of two regulatory guides that address NRC review and approval of ASME-published Code Cases. Concurrent with this action, the NRC is publishing a notice of the issuance and availability of the final regulatory guides. As a result of these related actions, the Code Cases listed in these regulatory guides are incorporated by reference into the NRC's regulations.

This notice announces the extension of SBA's Export Express Pilot Program until November 30, 2005. This extension will allow time for SBA to complete its decision making regarding potential modifications and enhancements to the Program.

In accordance with Sec. 103(c)(6) of the Presidio Trust Act, 16 U.S.C. 460bb note, Title I of Pub. L. 104-333, 110 Stat. 4097, as amended, and in accordance with the Presidio Trust's bylaws, notice is hereby given that a public meeting of the Presidio Trust Board of Directors will be held commencing 6:30 p.m. on Thursday, October 20, 2005, at the Herbst International Exhibition Hall, 385 Moraga Avenue, Presidio of San Francisco, California. The Presidio Trust was created by Congress in 1996 to manage approximately eighty percent of the former U.S. Army base known as the Presidio, in San Francisco, California. The purposes of this meeting are to provide an Executive Director's Report, to provide an overview of projects and plans for fiscal year 2006, and to receive public comment in accordance with the Trust's Public Outreach Policy. Accommodation: Individuals requiring special accommodation at this meeting, such as needing a sign language interpreter, should contact Mollie Matull at (415) 561-5300 prior to October 14, 2005.

Pursuant to Public Law 92-463, the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the ninth meeting of the Advisory Committee on Organ Transplantation (ACOT), Department of Health and Human Services (HHS). The meeting will be held from approximately 9 a.m. to 5:30 p.m. on November 3, 2005, and from 9 a.m. to 3 p.m. on November 4, 2005, at the Rockville DoubleTree Hotel, 1750 Rockville Pike, Rockville, Maryland 20852. The meeting will be open to the public; however, seating is limited and pre-registration is encouraged (see below).

In accordance with Section 102(2)(C) of the National Environmental Policy Act (NEPA) 42 U.S.C. 4321 et seq., the NIGC, in cooperation with the Federated Indians of the Graton Rancheria (the ``Graton Rancheria''), intends to gather information necessary for preparing an Environmental Impact Statement (EIS) for a proposed casino and hotel project to be located in Sonoma, California. This notice supplements the Notice of Intent (NOI) which appeared in the Federal Register on February 12, 2004 (69 FR 7022 (Feb. 12, 2004)) and advises the public that the NIGC and BIA intends to gather further information necessary to prepare an EIS for a proposed casino and hotel project to be located in Sonoma County, California. The purpose of the proposed action is to help address the socio-economic needs of the Federated Indians of Graton Rancheria. The proposed action is very similar to that proposed in the February 12, 2004, NOI, with the exception that the casino and hotel would be constructed adjacent to and on the east side of the previously proposed site. The shift of the proposed construction site is being considered to avoid environmental constraints discovered on the original site, particularly, to avoid wetlands identified on the original site. Additional details of the new proposed action and location are provided below in the Supplemental Information section. The supplemental scoping process will include notification of and opportunity for the general public and Federal, state, local, and tribal agencies to comment on the new proposed action. The purpose of scoping is to identify public and agency concerns on environmental issues, and alternatives to be considered in the EIS. All the information and comments gathered in response to the earlier NOI remain in the record, and there is no need to repeat information submitted at that time.

We are proposing to modify the periodic report filing deadlines so that only the largest accelerated filers (those with a market value of outstanding voting and non-voting common equity held by non-affiliates of $700 million or more) become subject to the final phase-in of the accelerated filing transition schedule that will require annual reports on Form 10-K to be filed within 60 days after fiscal year end. Under our proposed amendments, however, these companies would continue to file their quarterly reports on Form 10-Q under the current 40-day deadline, rather than the 35-day deadline that was scheduled to apply to quarterly reports filed next year. Other accelerated filers would continue to file both their annual and quarterly reports under current deadlines75 days after fiscal year end for annual reports on Form 10-K and 40 days after quarter end for quarterly reports on Form 10-Q. We also are proposing to revise the definition of the term ``accelerated filer'' to permit an accelerated filer that has voting and non-voting common equity held by non- affiliates of less than $25 million to exit accelerated filer status promptly and begin filing its annual and quarterly reports on a non- accelerated filer basis. Finally, the proposed amendments would permit a large accelerated filer that has voting and non-voting common equity held by non-affiliates of less than $75 million to promptly exit large accelerated filer status.

The Institute of Museum and Library Services as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance 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. 3508(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 Institute of Museum and Library Services is soliciting comments concerning the proposed study of museums and libraries providing youth development services under grants funded by IMLS. A copy of the proposed information collection request can be obtained by contacting the individual listed below in the addressee section of this notice.

In compliance with the Paperwork Reduction Act of 1995, this request for comments announces that the Coast Guard has forwarded one Information Collection Request (ICR)1625-0010, Defect/Noncompliance Report and Campaign Update Reportabstracted below, to the Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget (OMB) for review and comment. Our ICR describes the information we seek to collect from the public. Review and comment by OIRA ensures that we impose only paperwork burdens commensurate with our performance of duties.

This final rule revises the NASA FAR Supplement (NFS) by amending the anticipated value at which public announcements are required from $25M million or greater to $5 million or greater.

This document contains a notice of public hearing on proposed regulations relating to employee stock ownership plans.

NMFS received a petition dated May 19, 2005 co-signed by Defenders of Wildlife, International Fund for Animal Welfare, International Wildlife Coalition, National Environmental Trust, Natural Resources Defense Council, Oceana, The Humane Society of the United States, The Ocean Conservancy, and Whale and Dolphin Conservation Society, requesting that NMFS ``promulgate emergency regulations, within sixty days, to slow and/or re-route vessels within right whale habitat, as a means of protecting the species until such time as permanent measures can be enacted. Such emergency regulations should require all ships entering and leaving all major East Coast ports to travel at speeds of 12 knots or less within 25 nautical miles of port entrances during expected right whale high-use periods.'' NMFS has determined that the petition is not warranted at this time.

EPA proposes to approve the Clean Air Act (CAA) section 111(d)/129 State Plan submitted by the North Carolina Department of Environment and Natural Resources (North Carolina DENR) for the State of North Carolina on August 7, 2002, and subsequently revised on December 14, 2004, for implementing and enforcing the Emissions Guidelines applicable to existing Commercial and Industrial Solid Waste Incinerators. The State Plan was submitted by North Carolina DENR to satisfy CAA requirements. In the final rules section of this Federal Register, EPA is approving the North Carolina State Plan as a direct final rule without prior proposal because the Agency views this as a noncontroversial plan and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to the direct final rule, no further activity is contemplated in relation to this proposed rule. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. The EPA will not institute a second comment period on this rule. Any parties interested in commenting on this rule should do so at this time.

The FAA proposes to adopt a new airworthiness directive (AD) for certain EMBRAER airplanes listed above. This proposed AD would require modifying the drain system of the auxiliary power unit (APU) by installing a scavenge pump and, for certain airplanes, replacing the APU exhaust assembly. This proposed AD results from a report of fuel leaking from the APU feeding line and accumulating inside the APU compartment because the drain system is inadequate when the APU is running. We are proposing this AD to prevent fuel accumulation and subsequent flammable fuel vapors in the APU cowling, which, combined with an ignition source, could result in a fire or explosion.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus transport category airplanes, identified above. This AD requires an inspection to determine if a certain lower pin (p-pin) of the retraction actuator of the main landing gear (MLG) is installed. If the affected p-pin is installed, this AD requires a one-time inspection of the p-pin for correct grease hole position and cracking; repetitive daily inspections for pin migration; and eventual replacement of all p- pins with new p-pins. For any p-pin that is cracked or shows pin migration, this AD requires immediate replacement with a new p-pin. Replacing the p-pin with one that is correctly manufactured (i.e., that has the correct grease hole position) is terminating action for the repetitive inspections. This AD results from a report that a cracked p- pin was found when the MLG was removed for overhaul. We are issuing this AD to prevent failure of the p-pin, which could result in degradation of the MLG structural integrity and possible hazardous landing.

We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for the Pacific coast population of the western snowy plover (Charadrius alexandrinus nivosus) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 12,145 acres (ac) (4,921 hectares (ha)) fall within the boundaries of the critical habitat designation. The critical habitat is located within 3 states, and a total of 20 counties. The county breakdown by State is as follows: CaliforniaSan Diego, Orange, Los Angeles, Ventura, Santa Barbara, San Luis Obispo, Monterey, Santa Cruz, San Mateo, Marin, Mendocino, Humboldt, Del Norte; OregonCurry, Coos, Douglas, Lane, Tillamook; and WashingtonPacific, Grays Harbor.