October 19, 2005 – Federal Register Recent Federal Regulation Documents
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National Institute for Literacy Advisory Board
This notice sets forth the schedule and a summary of the agenda for an upcoming meeting of the National Institute for Literacy Advisory Board (Board). The notice also describes the functions of the Board. Notice of this meeting is required by section 10 (a) (2) of the Federal Advisory Committee Act. This document is intended to notify the general public of their opportunity to attend the meeting. Individuals who will need accommodations for a disability in order to attend the meeting (e.g., interpreting services, assistive listening devices, or materials in alternative format) should notify Liz Hollis at telephone number (202) 233-2072 no later than October 25, 2005. We will attempt to meet requests for accommodations after this date but cannot guarantee their availability. The meeting site is accessible to individuals with disabilities. Date and Time: Open sessionsNovember 2, 2005, from 8 a.m. to 2 p.m. and from 3 p.m. to 6:15 p.m.; and November 3, 2005, from 8:30 a.m. to 1:30 p.m. Closed sessionNovember 2, 2005, from 2 p.m. to 3 p.m.
Fisheries off West Coast States and in the Western Pacific; Western Pacific Pelagic Fisheries; Western and Central Pacific Fisheries Convention; Public Meetings
The Pacific Islands Regional Office of NMFS will hold two public meetings related to the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (``Convention''). The purposes of the meetings are: to seek specific input for the U.S. delegation to the December 2005 session of the Commission established by the Convention, of which the United States is currently a cooperating non-member; and to provide general information about, and seek public input on, potential regulatory and other actions to be taken by NMFS should the U.S. Senate ratify the Convention and the Congress enact implementing legislation.
2006 Atlantic Sea Scallop Research Set-Aside Program
NMFS requests research proposals for fishing year 2006 (March 1, 2006 - February 28, 2007) to utilize portions of the total allowable catch (TAC) and Days-at-Sea (DAS) allowance in the Atlantic sea scallop fishery that have been set aside by the New England Fishery Management Council (Council) for sea scallop research endeavors under a research set-aside (RSA) program. The program provides a mechanism to fund research and compensate vessel owners through the sale of fish harvested under the research quota. Vessels participating in an approved research project may be authorized by the Administrator, Northeast Region, NMFS (Regional Administrator), to harvest and land species in excess of any imposed trip limit or to harvest and land during fishery closures. Landings from such trips would be sold to generate funds that would help defray the costs associated with research projects. No Federal funds will be provided for research under this notification.
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 610 of the Gulf of Alaska
NMFS is prohibiting directed fishing for pollock in Statistical Area 610 of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2005 total allowable catch (TAC) of pollock for Statistical Area 610 of the GOA.
Arbitration Panel Decision Under the Randolph-Sheppard Act
The Department gives notice that on October 18, 2004, an arbitration panel rendered a decision in the matter of Bert Hansen, et al. v. Nevada Department of Rehabilitation, Bureau of Services to the Blind (Docket No. R-S/03-05 and 03-07 consolidated). This panel was convened by the U.S. Department of Education, under 20 U.S.C. 107d- 1(a), after the Department received a complaint filed by the petitioners, Bert Hansen, et al.
Arbitration Panel Decision Under the Randolph-Sheppard Act
The Department gives notice that on June 17, 2005, an arbitration panel rendered a decision in the matter of Arizona Department of Economic Security, Rehabilitation Services Division v. United States Postal Service (Docket No. R-S/03-4). This panel was convened by the U.S. Department of Education, under 20 U.S.C. 107d- 1(b), after the Department received a complaint filed by the petitioner, Arizona Department of Economic Security, Rehabilitation Services Division.
Amendment of Various Rules Affecting Wireless Radio Services
In this document, the Federal Communications Commission (Commission) requests comment on whether to implement a spectral density model to its radiated power rules for wireless radio services (WRS); further increase its radiated power limits; specify radiated power as an average rather than peak; and apply the radiated power rule changes to other services. In a related document, the Commission has streamlined and harmonized licensing provisions in the WRS that were identified in part during the Commission's 2000 and 2002 biennial regulatory reviews.
Proposed Collection; Comment Request
The Department of Labor, 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. 3506(c)(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 Employment Standards Administration is soliciting comments concerning the proposed collection: Optional Use Payroll Form Under The Davis-Bacon Act (WH-347). A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice.
Proposed Collection; Comment Request
The Department of Labor, 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. 3506(c)(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 Employment Standards Administration is soliciting comments concerning the proposed collection: Office of Federal Contract Compliance Programs (OFCCP), Equal Opportunity Survey. A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice.
Final Environmental Impact Statement and General Management Plan for Crater Lake National Park, Douglas, Jackson & Klamath Counties, Oregon; Notice of Approval of Record of Decision
Pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969 (Pub. L. 91-190, as amended) and the regulations promulgated by the Council on Environmental Quality (40 CFR 1505.2), the Department of the Interior, National Park Service has prepared and approved a Record of Decision for the Final Environmental Impact Statement and General Management Plan, Crater Lake National Park. The new GMP replaces the 1977 Master Plan, and will serve as a blueprint for guiding operations, resource protection, and visitor services in the park for the next 10-15 years. The requisite no-action ``wait period'' was initiated June 10, 2005, with the Environmental Protection Agency's Federal Register notification of the filing of the Final Environmental Impact Statement (FEIS). Decision: As soon as practical the National Park Service will begin to implement the actions and programs identified and analyzed as the Preferred Alternative (Alternative 2) contained in the FEIS. This alternative was deemed to be the ``environmentally preferred'' alternative. This course of action and three alternatives (including no-action) were identified and analyzed in the Final and Draft Environmental Impact Statements (the opportunity for public review of the latter was announced in the Federal Register on August 3, 2004). The full range of foreseeable environmental consequences was assessed, and appropriate mitigation measures have been identified. Copies: Interested parties desiring to review the Record of Decision may obtain a copy by contacting the Superintendent, Crater Lake National Park, P.O. Box 7, Crater Lake, Oregon 97604; or via telephone request at (541) 594-2211.
Rule Concerning Disclosures Regarding Energy Consumption and Water Use of Certain Home Appliances and Other Products Required Under the Energy Policy and Conservation Act (“Appliance Labeling Rule”)
The Federal Trade Commission (``Commission'') amends its Appliance Labeling Rule (``Rule'') by publishing new ranges of comparability for required labels on central air conditioners, heat pumps, and compact dishwashers. The Commission also announces that the current ranges of comparability for standard dishwashers will remain in effect until further notice.
Guidance for Industry on Providing Regulatory Submissions in Electronic Format-Human Pharmaceutical Product Applications and Related Submissions Using the Electronic Common Technical Document Specifications; Availability
The Food and Drug Administration (FDA) is announcing the availability of a guidance for industry entitled ``Providing Regulatory Submissions in Electronic FormatHuman Pharmaceutical Product Applications and Related Submissions Using the eCTD Specifications.'' This is one in a series of guidance documents on providing regulatory submissions to FDA in electronic format. This guidance discusses issues related to the electronic submission of new drug applications (NDAs), abbreviated new drug applications (ANDAs), biologics license applications (BLAs), investigational new drug applications (INDs), master files, advertising material, and promotional labeling using the electronic common technical document (eCTD) specifications. The submission of these documents in electronic format should improve the agency's efficiency in processing, archiving, and reviewing them.
Notice of Revised Instructions for Preparing and Prioritizing Water Program Funding Requests
The Bureau of Indian Affairs (BIA) will implement revised procedures for preparing and prioritizing funding requests in order to improve the management of two water programs with non-recurring annual appropriations. The two programs are the Water Rights Negotiation/ Litigation Program (Water Rights Program) and the Water Resources Management, Planning and Pre-development Program (Water Resources Program). These water programs support the long-term goals of assisting Indian tribes in confirming and defining water rights, resolving claims through negotiation or litigation, and promoting the prudent conservation, management and use of natural resources. All of the BIA's water program managers and many water rights and water resources program managers employed by Indian tribes request these appropriations to support numerous Indian water rights litigation and negotiation efforts, to conduct water resources management, and to develop associated plans for tribal water resources. Typically, the BIA's Office of Trust Services receives more than 400 funding requests annually for water rights and water resources management-related activities. Funding requests are submitted by all 12 of the BIA's Regional Offices and approximately 150 to 175 Indian tribes each year. The current system for preparing and prioritizing water program funding requests needs improvement in order to provide BIA decision makers with more clear demarcations of priority. These revised procedures will allow for more effective prioritization and thus enable BIA decision makers to distribute more efficiently the available water program funds.
Minor Boundary Revision at Fort Moultrie Unit of Fort Sumter National Monument
Notice is given that the boundary of the Fort Moultrie Unit of Fort Sumter National Monument has been revised pursuant to the Acts specified below to encompass lands depicted on drawing 392/92,002A of Fort Sumter National Monument (which includes Fort Moultrie) prepared by the National Park Service. The revision to the boundary includes tract 01-109, as depicted on the map.
Notice of Availability of Draft National Park Service Management Policies
The National Park Service (NPS) is proposing to update the policies that guide the management of the national park system. The policies are being updated to improve their clarity and to keep pace with changes in laws, regulations, socio-economic factors and technology. The revised policies will also improve understandings among NPS managers, and between NPS managers and the public, regarding how decisions are made in protecting park resources and providing opportunities for public enjoyment of the parks. Public comment is invited for a 90-day period, which closes January 19, 2006.
Public Notice
Pursuant to the terms of existing concession contracts, public notice is hereby given that the National Park Service intends to request a continuation of visitor services for a period not-to-exceed 1 year from the date of contract expiration.
Public Notice
Pursuant to 36 CFR 51.23, public notice is hereby given that the National Park Service proposes to extend the following expiring concession contracts for a period of up to one year, or until such time as a new contract is executed, whichever occurs sooner.
60-Day Notice of Intention To Request Clearance of Collection of Information: Opportunity for Public Comment
The National Park Service (NPS) Office of International Affairs (OIA) proposes to collect information from property owners who volunteer for their properties to be included in a list of sites (Tentative List) that will be considered for nomination by the United States to the World Heritage List. In order to manage the U.S. World Heritage Program (37 CFR 73) effectively and in a timely manner NPS must prepare and submit through the Secretary of the Interior and the Secretary of State to the World Heritage Centre by February 1, 2007, a Tentative List of properties that appear to meet the criteria for nomination to the World Heritage List and which the United States intends to nominate during the ensuing decade (2007-2017). Only sites that have been found to be of national significance and that have such legal protections as are necessary to ensure the preservation of the properties and their environment may be considered for nomination by the United States. By law, all property owners must also concur in any World Heritage nomination. In order to gather the required information for the preparation of the Tentative List, it is proposed that an expanded and annotated version of the ``World Heritage Nomination Format'' (or form, hereinafter referred to as the ``Application'') be made available to owners who wish to apply for inclusion in the U.S. Tentative List. It would be made available on the Internet at https://www.nps.gov/oia and https://www.georgewright.org. Under the provisions of the Paperwork Reduction Act of 1995 and 5 CFR part 1320, Reporting and Recordkeeping Requirements, the NPS invites comments on the need for and proposed manner of gathering the information in the study. Comments are invited on: (1) The practical utility of the information being gathered; (2) the accuracy of the burden hour estimate; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of information collection to respondents, including the use of automated information collection techniques or other forms of information technology.
Environmental Statements; Availability, etc.; Badlands National Park, SD
Pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969, the National Park Service (NPS) announces the availability of the draft General management plan and environmental impact statement (GMP/EIS) for the North Unit of Badlands National Park (BADL).
New Technology Web Site Contents; Response to Comments
The Food Safety and Inspection Service (FSIS) is announcing the availability on its Web site of information regarding new technologies for use in the production of meat, poultry, and egg products that the Agency has received and for which FSIS has written a ``No Objection'' letter. The Web site will include brief descriptions of the new technologies. The availability of this information should increase public and industry awareness of new technologies and foster their use by small and very small plants.
Pesticide Product Registrations; Conditional Approval
This notice announces Agency approval of applications submitted by Monsanto Company, to conditionally register the pesticide products, Event MON 863: Corn Rootworm Protected Corn (ZMIR13L) and YieldGard Plus containing a new active ingredient not included in any previously registered products pursuant to the provisions of section 3(c)(7)(C) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended.
Obtaining Information From Financial Institutions
The Department of the Army is publishing a revision to our rule concerning obtaining information from financial institutions. The regulation prescribes policies for the Department of the Army to obtain information on a customer's financial records from financial institutions.
Armed Forces Disciplinary Control Boards and Off-Installation Liaison and Operations
The Department of the Army is publishing a revision to our rule concerning armed forces disciplinary control boards and off- installation liaison and operations. The regulation prescribes uniform policies and procedures for the establishment, and operation of Armed Forces Disciplinary Control Boards, and off-installation liaison and operations.
Availability of Final General Reevaluation Report and Supplemental Environmental Impact Statement for the Poplar Island Environmental Restoration Project, Talbot County, MD
In accordance with the requirements of the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE), Baltimore District has prepared a Final General Reevaluation Report (GRR) and Supplemental Environmental Impact Statement (SEIS) for the Poplar Island Environmental Restoration Project (PIERP). The GRR/ SEIS evaluated the vertical and/or lateral expansion of the PIERP, design modifications to the existing project, the addition of recreational/educational opportunities to the existing project, and the potential to accept dredged material from additional channels not specified in the 1996 EIS for the existing project. A Notice of Availability (NOA) for the Draft GRR/SEIS was published by the U.S. Environmental Protection Agency (EPA) in the Federal Register on June 22, 2005 (70 FR 36129). The preferred alternative includes a northern lateral expansion consisting of approximately 575 acres, which would include wetland and upland habitat, and a protected open water embayment; construction of a 5-ft vertical raising of the existing upland Cells 2 and 6 at the PIERP; amending the existing project authorization and Project Cooperation Agreement to include the placement of dredged material from the southern approach channels to the Chesapeake and Delaware (C&D) Canal; incorporation of design modifications required for the completion of the existing project, and development of recreational and educational enhancement for the PIERP.
Grant of Partially Exclusive or Exclusive Licenses
The Department of the Army, U.S. Army Corps of Engineers, announces the general availability of partially exclusive licenses under the following pending patents listed under SUPPLEMENTARY INFORMATION. Any license granted shall comply with 35 U.S.C. 209 and 37 CFR Part 404.
Publication of Families First Business Rules
The Military Surface Deployment and Distribution Command (SDDC), as the Department of Defense (DoD) Traffic Manager for the Personal Property Program published the Defense Personal Property System (DPS) Phase II Business Rules for Industry comment. These rules were posted to the Families First Web Site located at https:// www.sddc.army.mil under Families First. This announcement is being made to provide an overview of the comments received by SDDC from the Federal Register notice published on April 26, 2005 (70 FR 21401). All stakeholders were given 30 days to review these draft business rules and provide SDDC their comments. Responses were returned in several ways, including letters, spreadsheets and the Frequently Asked Question process. SDDC received approximately 1300 comments from the industry. Some of the comments were unique, but there were many duplicates. After the initial review of the comments and identification of duplicates, the comments were assigned to SDDC Subject Matter Experts (SME) in each of the associated Functional Areas related to the development of DPS. These SME's performed a detailed review of these comments to determine if revision to the business rules were appropriate. Our review indicated that there were approximately 800 duplicates and 500 unique comments. Some of industries major concerns were: the new best value traffic distribution methodology, establishment of minimum performance score, claims metrics, issues with CWA/invoicing, prompt payment, hard copy documentation, low response customer survey response rate, lack of statistically valid number of Transportation Service Providers (TSPs), non-availability of interface with TSP systems, 13% cost growth limitation on the new program, access to rate filing instructions, tools required to perform rate filing, inadequate time to test the new system, shipment management, TSP/agent relationship and access to multiple SCACs. Our review indicated that all the comments required clarification to the business rules. SDDC is currently in the process of providing these clarifications in the business rules and will publish the Final Business Rule when incorporation of these changes is completed. In the SUPPLEMENTARY INFORMATION section, SDDC has identified Industry's major concerns.
Dredged Material Management Plan for the Lower Atchafalaya, Bayous Chene, Boeuf, and Black Navigation Channel, and the Gulf of Mexico, in Assumption, St. Mary, and Terrebone Parishes in the Vicinity of Morgan City, LA
The Vicksburg District Corps of Engineers is preparing the Dredged Material Management Plan (DMMP) for the existing Atchafalaya River and Bayous Chene, Boeuf, and Black, Louisiana, navigation project. The DMMP will require a Supplemental Environmental Impact Statement (SEIS) No. 3 to the Final Environmental Impact Statement (FEIS) for the Atchafalaya River and Bayous Chene, Boeuf, and Black, Louisiana (March 1973), navigation project. The project was authorized by the River and Harbor Act of 1968 in accordance with House Document 155, 90th Congress, 1st Session. The purpose of the DMMP is to develop a long term management strategy to accomplish the placement of dredged material associated with the navigation project in the least costly manner, that is consistent with sound engineering practice, and that meets all applicable Federal environmental laws. The Atchafalaya River and Bayous Chene, Boeuf, and Black, Louisiana, navigation project requires, at a minimum, yearly channel maintenance. Existing disposal sites are at their design capacity and new disposal areas are required. The SEIS objective is to document the potential impacts at newly designated disposal sites (adverse and beneficial) related to maintaining the navigation channel for the next twenty years. The dredged material would be used for beneficial purposes to extent practicable (barrier island and coastal wetlands restoration). A public scoping meeting will be held on November 17, 2005, at the City Auditorium, 728 Myrtle Street, Morgan City, Louisiana, from 7 p.m. to 9 p.m.
Notice of Request for Extension of a Previously Approved Collection
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et. seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and approval. The ICR describes the nature of the information collection and its expected cost and burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on April 29, 2005 [FR Vol. 70, No. 82, pages 22388 and 22389]. No comments were received.
Notice of Request for Extension of a Previously Approved Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Department of Transportation's (DOT) intention to request an extension of a previously approved information collection.
Transactions Subject to FPA Section 203; Correction
The Federal Energy Regulatory Commission published in the Federal Register of October 7, 2005, a document concerning revisions to 18 CFR parts 2 and 33 to implement amended section 203 of the Federal Power Act. Footnote 4 inadvertently references February 3, 2006 instead of February 8, 2006. This document corrects that error.
Endangered Species; File No. 1552
Notice is hereby given that the NMFS, Southeast Fisheries Science Center (SEFSC), 75 Virginia Beach Drive, Miami, Florida 33149, has applied in due form for a permit to take green (Chelonia mydas), loggerhead (Caretta caretta), Kemp's ridley (Lepidochelys kempii), hawksbill (Eretmochelys imbricata), leatherback (Dermochelys coriacea), and olive ridley (Lepidochelys olivacea) sea turtles for purposes of scientific research.
Reports, Forms and Recordkeeping Requirements Agency Information Collection Activity Under OMB Review
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collections and their expected burden. The Federal Register Notice with a 60-day comment period was published on May 11, 2005 [70 FR 24860]. This is a request for a new collection.
Reports, Forms and Recordkeeping Requirements; Agency Information Collection Activity Under OMB Review
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collections and their expected burden. The Federal Register Notice with a 60-day comment period was published on April 22, 2005 (70 FR 20962).
Petition for Exemption From the Vehicle Theft Prevention Standard; Mitsubishi Motors
This document grants in full the petition of Mitsubishi Motors R&D of America (Mitsubishi), for an exemption in accordance with Sec. 543.9(c)(2) of 49 CFR Part 543, Exemption from the Theft Prevention Standard, for the Mitsubishi Endeavor vehicle line beginning with model year (MY) 2006. This petition is granted because the agency has determined that the antitheft device to be placed on the Endeavor vehicle line as standard equipment is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the Theft Prevention Standard. Mitsubishi requested confidential treatment for the information and attachments it submitted in support of its petition. The agency will consider the petitioner's request for confidential treatment and will respond by separate letter.
Submission for Office of Management and Budget Approval and Public Comment Request
This notice seeks comments from the public regarding the need for FMCSA to collect paperwork information that relates to a motor carrier's responsibility for ensuring that employees safely maintain and operate its commercial motor vehicles. This notice is published (pursuant to the Paperwork Reduction Act of 1995) to measure the need for the proposed paperwork collection, to find ways to minimize the burden on motor carriers, to find ways to enhance the quality of information collected, and to verify the accuracy of the agency's estimate of the burden (measured in work hours) on motor carriers. This is a request to continue the collection of information already approved under OMB Control Number 2126-0003, which is scheduled to expire on December 31, 2005, and to renew that approval.
Qualification of Drivers; Exemption Applications; Diabetes
This notice publishes the FMCSA's receipt of applications from three individuals for an exemption from the diabetes mellitus prohibition in the Federal Motor Carrier Safety Regulations. If granted, the exemptions will enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce without meeting the requirement prescribed in 49 CFR 391.41(b)(3).
Lower Mississippi River Waterway Safety Advisory Committee
The Lower Mississippi River Waterway Safety Advisory Committee (LMRWSAC) will meet to discuss various issues relating to navigational safety on the Lower Mississippi River and related waterways. The meeting will be open to the public.
Reports, Forms, and Recordkeeping Requirements
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and its expected burden. The Federal Register Notice with a 60-day comment period was published on April 27, 2005 [Vol. 70 FR 21838]. This document describes collection of information for which NHTSA intends to seek OMB approval.
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