October 4, 2005 – Federal Register Recent Federal Regulation Documents
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Fisheries of the South Atlantic; Scientific and Statistical Committee, Biological Assessment Subcommittee, Socio-economic Subcommittee
The South Atlantic Fishery Management Council (Council) will hold a meeting of its Scientific and Statistical Committee (SSC) and SSC Biological Subcommittee and Socio-economic Subcommittee in Charleston, South Carolina.
Western Pacific Fishery Management Council; Public Meetings
The Western Pacific Fishery Management Council(s (Council) will convene a joint meeting of all its Plan Teams (Pelagics, Bottomfish, Crustaceans, Precious Corals, Coral Reef Ecosystem) on Thursday October 13 and Friday October 14, 2005, to review draft Fishery Ecosystem Plans (FEPs). Further, the Council will also hold several public hearings to seek input on the proposal to develop draft FEPs for the Mariana Islands, Hawaiian Islands, American Samoa, the US Pacific remote islands and the western Pacific pelagic ecosystem. See SUPPLEMENTARY INFORMATION for specific times, dates, and agenda items.
Merchant Mariner Credentials: Temporary Procedures; Hurricane Katrina
On August 29, 2005, Hurricane Katrina devastated the coastlines of Louisiana, Mississippi, and Alabama. The Regional Examination Center (REC) at New Orleans, which serves 14% of mariners nation-wide and reflects about 29,000 mariners in those three states, was completely flooded, destroying vital records and equipment, and rendering the facility temporarily inoperable. Since mariners in the area may also have lost their credentials in the storm and subsequent flooding, the Coast Guard is hereby implementing temporary measures to relieve some hardship on mariners in the Gulf coast area who need replacement credentials.
Public Meeting of the President's Advisory Panel on Federal Tax Reform
This notice advises all interested persons of a public meeting of the President's Advisory Panel on Federal Tax Reform.
Medicare Program; Changes to the Hospital Inpatient Prospective Payment Systems and Fiscal Year 2006 Rates; Correcting Amendment
This document corrects technical errors in the final rule that appeared in the August 12, 2005 Federal Register entitled ``Changes to the Hospital Inpatient Prospective Payment Systems and Fiscal Year 2006 Rates.''
Submission for OMB Review; Comment Request for Extension of an Expiring Information Collection: Establishment Information Form, Wage Data Collection Form, Wage Data Collection Continuation Form DD 1918, DD 1919, and DD 1919C
Under the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), the Office of Personnel Management (OPM) has submitted to the Office of Management and Budget a request for extension of three previously-approved information collection forms for which approval will soon expire. The Establishment Information Form, the Wage Data Collection Form, and the Wage Data Collection Continuation Form are wage survey forms developed by OPM for use by the Department of Defense to establish prevailing wage rates for Federal Wage System employees. The Department of Defense contacts approximately 21,200 businesses annually to determine the level of wages paid by private enterprise establishments for representative jobs common to both private industry and the Federal Government. Each survey collection requires 1-4 hours of respondent burden, resulting in a total yearly burden of approximately 75,800 hours. For copies of this proposal, contact Mary Beth Smith-Toomey on (202) 606-8358, fax (202) 418-3251, or e-mail mbtoomey@opm.gov. Please include a mailing address with your request.
Excepted Service
This gives notice of OPM decisions granting authority to make appointments under Schedules A, B, and C in the excepted service as required by 5 CFR 6.6 and 213.103.
Notice of Filing of Plat of Survey; Maine
The Bureau of Land Management published a notice in the Federal Register concerning the filing of a plat of survey. The notice contained an incorrect meridian description.
Notice of Additional Public Scoping Meeting Related to the Makah Tribe's Continuation of Treaty Right Hunting of Gray Whales
NMFS announces its intent to conduct an additional public scoping meeting to gather information to prepare an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA), related to the Makah Tribe's request that NMFS waive the take moratorium of the Marine Mammal Protection Act (MMPA) to allow for treaty right hunting of eastern North Pacific gray whales in usual and accustomed grounds off the coast of Washington State. This notice briefly describes the background of the Makah's request for waiver; gives the date, time, and location of the additional public scoping meeting; and identifies a set of preliminary alternatives.
Availability of Grants Funds for Fiscal Year 2006; Extension of Application Deadline
NOAA publishes this notice to extend the solicitation period on the ``FY 2006 Coastal Services Center Environmental Characterization of a U.S. Coastal Region,'' which was originally announced in the Federal Register on June 30, 2005. The solicitation period is being extended from October 3, 2005 to October 24, 2005 to provide the public more time to submit proposals.
Final Results of Expedited Sunset Review of Countervailing Duty Order: Top-of-the-Stove Stainless Steel Cookware from South Korea
On March 1, 2005, the Department of Commerce (``the Department'') initiated a sunset review of the countervailing duty (``CVD'') order on top-of-the-stove stainless steel cookware from South Korea pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). See Notice of Initiation of Five-year (``Sunset'') Reviews, 70 FR 9919 (March 1, 2005). On the basis of a notice of intent to participate and an adequate substantive response filed on behalf of the domestic interested parties and no response from respondent interested parties (in this case, no response), the Department conducted an expedited sunset review of this CVD order pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B). As a result of this sunset review, the Department finds that revocation of the CVD order would be likely to lead to continuation or recurrence of a countervailable subsidy at the level indicated in the ``Final Results of Review'' section of this notice.
Certain In-Shell Pistachios from Iran; Final Results of the Expedited Sunset Review of the Antidumping Duty Order
On March 1, 2005, the Department of Commerce (the Department) initiated a sunset review of the antidumping duty order on certain in- shell raw pistachios from Iran, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). On the basis of a notice of intent to participate and an adequate substantive response filed on behalf of domestic interested parties and an inadequate response from respondent interested parties, the Department conducted an expedited (120-day) sunset review. As a result of this sunset review, the Department finds that revocation of the antidumping duty order would likely lead to the continuation or recurrence of dumping. The dumping margins are identified in the Final Results of Review section of this notice.
Final Results of Expedited Sunset Review of Countervailing Duty Order: Top-of-the-Stove Stainless Steel Cookware from Taiwan
On March 1, 2005, the Department of Commerce (``the Department'') initiated a sunset review of the countervailing duty (``CVD'') order on top-of-the-stove stainless steel cookware from Taiwan pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). See Notice of Initiation of Five-year (``Sunset'') Reviews, 70 FR 9919 (March 1, 2005). On the basis of a notice of intent to participate and an adequate substantive response filed on behalf of the domestic interested parties and inadequate response from respondent interested parties (in this case, no response), the Department conducted an expedited sunset review of this CVD order pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B). As a result of this sunset review, the Department finds that revocation of the CVD order would be likely to lead to continuation or recurrence of a countervailable subsidy at the level indicated in the ``Final Results of Review'' section of this notice.
Fisheries of the Northeastern United States; Scup Fishery; Adjustment to the 2005 Winter II Quota; Correction
NMFS published a temporary rule in the Federal Register on August 2, 2005, to adjust the 2005 Winter II commercial scup quota and possession limit. NMFS has since received information that a substantial amount of scup landed during the 2005 Winter I period were misreported as porgies via the Electronic Dealer Reporting System. This action corrects the adjusted 2005 Winter II commercial scup quota and possession limit.
Approval and Promulgation of State Plans for Designated Facilities and Pollutants: Bernalillo County, NM; Negative Declaration
EPA is approving three negative declarations submitted by the City of Albuquerque (Bernalillo County) certifying that there are no existing sources subject to the requirement of sections 111(d) and 129 of the Clean Air Act under their jurisdiction. These three negative declarations are for Sulfuric Acid Mist Emissions from Sulfuric Acid Plants, Fluoride Emissions from Phosphate Fertilizer Plants, and Total Reduced Sulfur Emissions from Kraft Pulp Mills. This is a direct final rule action without prior notice and comment because this action is deemed noncontroversial.
Approval and Promulgation of State Plans for Designated Facilities and Pollutants: Bernalillo County, NM; Negative Declaration
EPA is approving three negative declarations submitted by the City of Albuquerque (Bernalillo County) certifying that there are no existing sources subject to the requirements of sections 111(d) and 129 of the Clean Air Act under their jurisdiction. These three negative declarations are for Sulfuric Acid Mist Emissions from Sulfuric Acid Plants, Fluoride Emissions from Phosphate Fertilizer Plants, and Total Reduced Sulfur Emissions from Kraft Pulp Mills. This is a direct final rule action without prior notice and comment because this action is deemed noncontroversial.
Airworthiness Directives; Boeing Model 747-100, -200B, -200F, -200C, -100B, -300, -100B SUD, -400, -400D, and -400F Series Airplanes; and Model 747SR Series Airplanes
The FAA is superseding two existing airworthiness directives (AD), which apply to certain Boeing transport category airplanes. One AD currently requires doing certain inspections to detect cracks and corrosion around the lower bearing of the actuator attach fittings of the inboard and outboard flaps; repairing if necessary; and either overhauling the fittings or replacing them, which ends certain repetitive inspections. The other AD currently requires certain other inspections to detect discrepancies of the actuator attach fittings of the flaps, and follow-on and corrective actions if necessary, which ends the repetitive inspections of the first AD. For certain airplanes, this AD requires new inspections for discrepancies of the actuator attach fittings of the flaps, and follow-on and corrective actions if necessary, which ends the repetitive inspections of both existing ADs. For all airplanes, this AD requires repetitive overhaul/replacements of the actuator attach fittings of both the inboard and outboard flaps. This AD results from reports of cracks of the actuator attach fittings of the trailing edge flaps. We are issuing this AD to prevent cracking and other damage of the actuator attach fittings of the trailing edge flaps, which could result in abnormal operation or retraction of a trailing edge flap, and possible loss of controllability of the airplane.
Approval and Promulgation of Implementation Plans for Kentucky: Inspection and Maintenance Program Removal for Northern Kentucky; New Solvent Metal Cleaning Equipment; Commercial Motor Vehicle and Mobile Equipment Refinishing Operations
EPA is approving four related revisions to the Kentucky State Implementation Plan (SIP) submitted by the Commonwealth of Kentucky on February 9, 2005. These revisions affect the Northern Kentucky area, which is comprised of the Kentucky Counties of Boone, Campbell, and Kenton, and is part of the Cincinnati-Hamilton Metropolitan Statistical Area. EPA is approving the movement of the regulation underlying the Northern Kentucky inspection and maintenance (I/M) program from the regulatory portion of the Kentucky SIP to the contingency measures section of the Northern Kentucky 1-Hour Ozone Maintenance Plan. EPA is also approving revisions to a Kentucky rule which provides for the control of volatile organic compounds (VOCs) from new solvent metal cleaning equipment. Further, EPA is approving a new rule into the Kentucky SIP affecting commercial motor vehicle and mobile equipment refinishing operations in Northern Kentucky. Finally, EPA is approving updated mobile source category emissions projections with updated, state motor vehicle emission budgets (MVEBs) for the year 2010. This final rule addresses comments made on EPA's proposed rulemaking previously published for this action.
Airworthiness Directives; Sicma Aero Seat (Formerly Farner); Cabin Attendant Seat Series 150 Type FN and Series 151 Type WN
The FAA proposes to adopt a new airworthiness directive (AD) for Sicma Aero Seat (formerly Farner) cabin attendant seat series 150 type FN and series 151 type WN. This proposed AD would require installing two protection fairings over the upper seat structure to cover the gap between the upper and lower seats and prevent any contact with the bottom seat folding mechanisms. This proposed AD results from a child catching its fingers in the folding mechanism of the bottom of the attendant seat. We are proposing this AD to prevent injury resulting from contact with the bottom folding mechanism.
Administrative Reporting Exemption for Certain Air Releases of NOX
This notice of proposed rulemaking provides notice of, and requests comments, including any relevant data, on a proposed new administrative exemption from certain notification requirements under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and the Emergency Planning and Community Right-to-Know Act, also known as Title III of the Superfund Amendments and Reauthorization Act. The Agency also seeks public comment on human health risk assessment data or other relevant data that relates to this proposal. The proposed administrative reporting exemption pertains to releases of less than 1,000 pounds of nitrogen oxide and nitrogen dioxide (or collectively ``NOX'') to the air in 24 hours that is the result of combustion activities, unless such release is the result of an accident or malfunction. Notifications must still be made for accidents or malfunctions that result in the releases of NOX at the final RQ of 10 pounds or more per 24 hours. The administrative reporting exemption is protective of human health and the environment and consistent with the Agency's goal to reduce unnecessary reports considering that levels for which the Clean Air Act regulates NOX are considerably higher than 10 pounds. In addition, the Agency believes that the submission of these reports for the proposed exempted releases would not contribute significantly to the data that is already available through the permitting process to the government and the public. The Agency is also considering and seeking comment on two other options to address the high frequency of release notifications. Those options would involve more efficient use of Continuous Release reporting and a complete exemption from the notification requirements under CERCLA and EPCRA.
Endangered and Threatened Species; Take of Anadromous Fish
On July 7, 2005, NMFS' Northwest Region issued permit 1517 under authority of the Endangered Species Act (ESA), allowing the take of threatened species for enhancement of survival actions.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Amendment 14 to the Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico and Amendment 27 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico; Scoping Meetings
The Gulf of Mexico Fishery Management Council (Council) intends to prepare a draft supplemental environmental impact statement (DSEIS) to describe and analyze management alternatives to be included in a joint amendment to the Fishery Management Plan (FMP) for the Shrimp Fishery of the Gulf of Mexico (Shrimp FMP) and the FMP for the Reef Fish Resources of the Gulf of Mexico (Reef Fish FMP). These alternatives will consider measures to reduce red snapper fishing mortality and bycatch in the shrimp and reef fish fisheries. The purpose of this notice of intent is to solicit public comments on the scope of issues to be addressed in the DSEIS.
Agency Information Collection Activities; Submission for OMB Review and Approval; Comment Request; NESHAP for Source Categories: Generic Maximum Achievable Control Technology Standards (Renewal), ICR Number 1871.04, OMB Control Number 2060-0420
In compliance with the Paperwork Reduction Act, this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. This ICR is scheduled to expire on December 31, 2005. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. This ICR describes the nature of the information collection and its estimated burden and cost.
Asbestos-Containing Materials in Schools; State Request for Waiver from Requirements; Notice of Final Decision
EPA is issuing a final decision which approves the request from Illinois for a waiver from the Agency's asbestos-in-schools program. A waiver of these requirements is granted since EPA has determined, after notice and comment and opportunity for a public hearing, that Illinois is implementing or intends to implement a program of asbestos inspection and management for schools that is at least as stringent as EPA's program. This notice announces the official grant of the waiver.
Third Annual Stakeholder Meeting on the Medical Device User Fee and Modernization Act of 2002; Public Meeting
The Food and Drug Administration (FDA) is announcing the following public meeting: Third Annual Stakeholder Meeting on the Medical Device User Fee and Modernization Act of 2002 (MDUFMA). On October 1, 2007, the user fee provisions of MDUFMA will expire. In preparation for discussions regarding legislation to reauthorize and possibly modify MDUFMA user fees, the agency is holding this public meeting to obtain stakeholder input and recommendations on various issues related to this future legislation.
Medical Devices; Immunology and Microbiology Devices; Classification of AFP-L3% Immunological Test Systems
The Food and Drug Administration (FDA) is classifying AFP-L3% (alpha-fetoprotein L3 subfraction) immunological test systems into class II (special controls). The special control that will apply to the device is the guidance document entitled ``Class II Special Controls Guidance Document: AFP-L3% Immunological Test Systems.'' The agency is classifying the device into class II (special controls) in order to provide a reasonable assurance of safety and effectiveness of the device. Elsewhere in this issue of the Federal Register, FDA is announcing the availability of a guidance document that will serve as the special control for the device.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Regulatory Pilot Projects (Renewal), EPA ICR Number 1755.07, OMB Control Number 2010-0026
In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request for a renewal of an existing approved collection. This ICR was scheduled to expire on September 30, 2005. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. This ICR describes the nature of the information collection and its estimated burden and cost.
Special Conditions: Dassault-Aviation Mystere-Falcon 50 Airplanes; High-Intensity Radiated Fields (HIRF)
These special conditions are issued for Dassault-Aviation Mystere-Falcon 50 airplanes modified by Premier Air Center. These modified airplanes will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. The modification incorporates the installation of Universal Avionics EFI-890 Electronic Flight Displays and Rockwell Collins AHS-3000A Attitude Heading Reference Systems (AHRS) that perform critical functions. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for the protection of these systems from the effects of high-intensity radiated fields (HIRF). These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Special Conditions: Raytheon Model BH125 Series 400A and 600A Airplanes; High Intensity Radiated Fields (HIRF)
These special conditions are issued for Raytheon Model BH125 Series 400A and 600A airplanes. These airplanes will have novel and unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. The modification incorporates the installation of dual Honeywell Model AM-250 digital altimeters. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for the protection of these systems from the effects of high-intensity radiated fields (HIRF). These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that provided by the existing airworthiness standards.
Special Conditions: Boeing Model 720B; High Intensity Radiated Fields (HIRF)
These special conditions are issued for the Boeing Model 720B airplane. The airplane will have novel and unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. The modification incorporates the installation of dual Honeywell AM-250 digital altimeters. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for the protection of these systems from the effects of high-intensity radiated fields (HIRF). These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that provided by the existing airworthiness standards.
Agency Information Collection Activity Under OMB Review, Request for Comments; Clearance of a New Information Collection Activity, Air Carriers Listing of Leading Outsource Maintenance Providers
The FAA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval for a new information collection. The FAA will use the data from the proposed collection to determine satisfaction of customers receiving services resulting from a contract with Lockheed Martin.
Proposed Amendment to Jet Route J-158; ID
This action proposes to revise a segment of Jet Route J-158 between the Malad City, ID, Very High Frequency Omni-directional Range/ Distance Measuring Equipment (VOR/DME) and the Muddy Mountain, WY, Very High Frequency Omni-directional Range/Tactical Air Navigation (VORTAC). Specifically, the FAA is proposing to realign the route from Malad City, ID, to Big Piney, WY, VOR/DME to Muddy Mountain, WY. This proposed action would replace the sector taken out of service, reduce controller workload, and enhance the National Airspace System.
Establishment of Class E Airspace; Hana, HI
This action establishes a Class E airspace area at Hana, HI. The establishment of an Area Navigation (RNAV) Global Positioning System (GPS) Instrument Approach Procedures (IAP) RNAV (GPS) to Runway (RWY) 26 IAP and a RNAV Departure Procedure (DP) at Hana Airport, Hana, HI has made this action necessary. Additional controlled airspace extending upward from 700 feet or more above the surface of the earth is needed to contain aircraft executing this RNAV (GPS) IAP and RNAV DP. The intended effect of this action is to provide adequate controlled airspace for Instrument Flight Rules operations at Hana Airport, Hana, HI.
Port Pelican LLC Deepwater Port License Application; Fabrication Site Environmental Assessment
The Coast Guard and the Maritime Administration (MARAD) announce the cancellation of an Environmental Assessment (EA) that they previously planned as a follow-up to MARAD's approval of the license application for the Port Pelican LLC Deepwater Port in the Gulf of Mexico off Louisiana. The EA would have assessed the environmental impact of related shoreside fabrication site activities in Texas. The Coast Guard and MARAD are canceling the EA, due to Port Pelican LLC's decision to defer these fabrication site activities indefinitely.
Guidance for Industry and Food and Drug Administration Staff; Class II Special Controls Guidance Document: AFP-L3% Immunological Test Systems; Availability
The Food and Drug Administration (FDA) is announcing the availability of the guidance entitled ``Class II Special Controls Guidance Document: AFP-L3% Immunological Test Systems.'' This guidance document describes a means by which AFP-L3% (alpha-fetoprotein L3 subfraction percent) immunological test systems may comply with the requirement of special controls for class II devices. Elsewhere in this issue of the Federal Register, FDA is publishing a final rule to classify AFP-L3% immunological test systems into class II (special controls). This guidance document is immediately in effect as the special control for AFP-L3% immunological test systems, but it remains subject to comment in accordance with the agency's good guidance practices (GGPs).
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