October 24, 2005 – Federal Register Recent Federal Regulation Documents

Labor Organization Officer and Employee Reports
Document Number: 05-21274
Type: Proposed Rule
Date: 2005-10-24
Agency: Department of Labor, Office of Labor-Management Standards, Labor-Management Standards Office
This document extends the period for comments on the proposed rule published on August 29, 2005. The proposed rule would revise the financial reports (Form LM-30) required to be filed by union officers and employees under the Labor-Management Reporting and Disclosure Act of 1959, as amended (LMRDA). The comment period, which was to expire on October 28, 2005, is extended ninety days to January 26, 2006.
Revisions to the Public Housing Operating Fund Program; Correction to Formula Implementation Date
Document Number: 05-21268
Type: Rule
Date: 2005-10-24
Agency: Department of Housing and Urban Development
This document corrects HUD's final rule published on September 19, 2005, that implements revisions to the public housing Operating Fund Program. The final rule includes dates from the proposed rule that assumed both an initial implementation of the revised formula in fiscal year (FY) 2006 and a one-year period for PHAs to transition to the new formula. In converting the rule from a proposed to final rule, HUD unintentionally failed to revise certain dates to reflect the updated schedule for implementation of the revised formula. Accordingly, the September 19, 2005, final rule inadvertently denies PHAs the one-year transition period. This document corrects the September 19, 2005, final rule to provide that the revised allocation formula will be implemented for calendar year 2007, and adjusts the related dates specified in the rule to reflect the corrected implementation date.
Energy Conservation Program for Consumer Products and Commercial and Industrial Equipment
Document Number: 05-21248
Type: Proposed Rule
Date: 2005-10-24
Agency: Office of Energy Efficiency and Renewable Energy, Department of Energy
The Department of Energy (DOE or Department) Building Technologies Program will hold a public meeting to discuss appliance standards scheduling issues. The Department is interested in receiving comments on the Department's desire to bring all appliance rulemaking activities into compliance with the applicable statutory requirements. The Department will finalize its standards scheduling plan after consideration of comments received during and following the public meeting.
Imports of Certain Worsted Wool Fabric: Implementation of Tariff Rate Quota Established Under Title V of the Trade and Development Act of 2000
Document Number: 05-21215
Type: Rule
Date: 2005-10-24
Agency: Department of Commerce, International Trade Administration
The Department of Commerce publishes this final rule to adopt, without change, an interim final rule that implemented tariff rate quotas (TRQ) for a limited quantity of worsted wool fabrics pursuant to Title V of the Trade and Development Act of 2000 (``the Act'') as amended by the Trade Act of 2002 and the Miscellaneous Trade Act of 2004, (Pub. L. 108-429). Section 501(e) of the Act requires the President to fairly allocate TRQs on the import of certain worsted wool fabric. Section 504(b) of the Act authorizes the President to modify the limitations on worsted wool fabric imports under TRQs. The President has delegated to the Secretary of Commerce the authority to allocate the quantity of imports under the TRQs (specifically for wool products under HTS headings, 9902.51.11 and 9902.51.12) and to determine whether the limitations on the quantity of imports under the TRQs should be modified. This rule is necessary to implement the amendment to the Act included in the Miscellaneous Trade Act of 2004, (Pub. L. 108-429), which specifies which HTS categories may be allocated as TRQs and which eliminates Commerce's authority to modify these quotas.
Approval and Promulgation of Air Quality Implementation Plans; Connecticut; VOC RACT Orders for Hitchcock Chair Co., Ltd.; Kimberly Clark Corp.; Watson Laboratories, Inc.; and Ross & Roberts, Inc.
Document Number: 05-21195
Type: Proposed Rule
Date: 2005-10-24
Agency: Environmental Protection Agency
The EPA is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of Connecticut. These revisions incorporate volatile organic compound (VOC) reasonably available control technology (RACT) state consent orders for Hitchcock Chair Co., Ltd.; Kimberly Clark Corp.; Watson Laboratories, Inc.; and Ross & Roberts, Inc. into the Connecticut SIP. This action will have a beneficial effect on air quality by reducing VOC emissions which contribute to ground-level ozone formation. EPA is taking this action in accordance with the Clean Air Act.
Approval and Promulgation of Air Quality Implementation Plans; Connecticut; VOC RACT Orders for Hitchcock Chair Co., Ltd.; Kimberly Clark Corp.; Watson Laboratories, Inc.; and Ross & Roberts, Inc.
Document Number: 05-21194
Type: Rule
Date: 2005-10-24
Agency: Environmental Protection Agency
EPA is approving State Implementation Plan (SIP) revisions submitted by the State of Connecticut. These revisions incorporate volatile organic compound (VOC) reasonably available control technology (RACT) state consent orders into the Connecticut SIP for four facilities: Hitchcock Chair Co., Ltd.; Kimberly Clark Corp.; Watson Laboratories, Inc.; and Ross & Roberts, Inc. This action will have a beneficial effect on air quality by reducing VOC emissions which contribute to ground-level ozone formation. EPA is taking this action in accordance with the Clean Air Act (CAA).
Approval and Promulgation of Air Quality Implementation Plans; Maine; Consumer Products Regulation
Document Number: 05-21193
Type: Proposed Rule
Date: 2005-10-24
Agency: Environmental Protection Agency
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Maine. This revision establishes requirements to reduce volatile organic compound (VOC) emissions from consumer products. The intended effect of this action is to approve these requirements into the Maine SIP. EPA is taking this action in accordance with the Clean Air Act (CAA).
Approval and Promulgation of Air Quality Implementation Plans; Maine; Consumer Products Regulation
Document Number: 05-21192
Type: Rule
Date: 2005-10-24
Agency: Environmental Protection Agency
EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Maine. This revision establishes requirements to reduce volatile organic compound (VOC) emissions from consumer products. The intended effect of this action is to approve these requirements into the Maine SIP. EPA is taking this action in accordance with the Clean Air Act (CAA).
National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers
Document Number: 05-21188
Type: Proposed Rule
Date: 2005-10-24
Agency: Environmental Protection Agency
On September 8, 1994, we promulgated national emission standards for hazardous air pollutants (NESHAP) from industrial process cooling towers (59 FR 46350). The NESHAP eliminated the use of chromium-based water treatment chemicals that are known or suspected to cause cancer or have a serious health or environmental effect. Section 112(f)(2) of the Clean Air Act (CAA) directs EPA to assess the risk remaining (residual risk) after the application of the NESHAP and promulgate additional standards if warranted to provide an ample margin of safety to protect public health or prevent an adverse environmental effect. Also, section 112(d)(6) of the CAA requires EPA to review and revise the NESHAP as necessary at least every 8 years, taking into account developments in practices, processes, and control technologies. Based on our findings from the residual risk review and technology review, we are proposing no further action at this time to revise the NESHAP. This proposed action requests public comments on the residual risk review and technology review for the NESHAP.
Ethylene Oxide Emissions Standards for Sterilization Facilities
Document Number: 05-21187
Type: Proposed Rule
Date: 2005-10-24
Agency: Environmental Protection Agency
On December 6, 1994, we promulgated Ethylene Oxide Emission Standards for Sterilization Facilities (59 FR 62585). The national emission standards limit and control hazardous air pollutants (HAP) that are known or suspected to cause cancer or have other serious health or environmental effect. Section 112(f)(2) of the Clean Air Act (CAA) directs EPA to assess the risk remaining (residual risk) after the application of national emission standards controls and revise as necessary to protect public health. Also, CAA section 112(d)(6) requires us to review and to revise the national emission standards as necessary by taking into account developments in practices, processes, and control technologies. The proposal announces a decision and requests public comments on the residual risk assessment and technology review for the national emission standards. We are proposing no further action at this time to revise the national emission standards.
National Emission Standards for Magnetic Tape Manufacturing Operations
Document Number: 05-21186
Type: Proposed Rule
Date: 2005-10-24
Agency: Environmental Protection Agency
On December 15, 1994, we promulgated national emission standards for hazardous air pollutants (HAP) from magnetic tape manufacturing operations (59 FR 64580). The national emission standards limit and control HAP that are known or suspected to cause cancer or have other serious health or environmental effect. Section 112(f)(2) of the Clean Air Act (CAA) directs EPA to assess the risk remaining (residual risk) after the application of national emission standards controls and to promulgate more stringent standards, if necessary, to protect public health with an ample margin of safety and to prevent adverse environmental effect. Also, section 112(d)(6) of the CAA requires EPA to review and revise the national emission standards, as necessary, taking into account developments in practices, processes, and control technologies. Based on our findings from the residual risk and technology review, we are proposing no further action at this time to revise the national emission standards. Today's proposed action requests public comments on the residual risk and technology review for the national emission standards.
Fisheries off West Coast States and in the Western Pacific;Pacific Coast Groundfish Fishery; End of the Pacific Whiting Primary Season for the Catcher/processor Sector
Document Number: 05-21182
Type: Rule
Date: 2005-10-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces the end of the 2005 Pacific whiting (whiting) primary season for the catcher/processor sector at 1800 local time (l.t.) October 18, 2005, because the allocation for the catcher/ processor will be reached by that time. This action is intended to keep the harvest of whiting within the 2005 allocation levels.
Airworthiness Directives; General Electric Company Model CF6-80C2D1F Turbofan Engines
Document Number: 05-21174
Type: Proposed Rule
Date: 2005-10-24
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for General Electric Company Model CF6-80C2D1F turbofan engines. This proposed AD would require modifying the latching system of the fan reverser. This proposed AD results from 13 reports of released thrust reverser hardware. We are proposing this AD to prevent release of the thrust reverser cascade on landing, which could result in runway debris and a possible hazard to other aircraft.
Navigation Regulations
Document Number: 05-21171
Type: Proposed Rule
Date: 2005-10-24
Agency: Department of Defense, Corps of Engineers, Department of the Army, Engineers Corps, Army Department
The Corps is proposing to amend the regulations for lockage operations at Bonneville Lock and Dam and amend the regulations which establish the restricted areas at Little Goose Lock and Dam. The Corps is making corrections and adjustments to the lockage control, signals, and permissible dimensions of vessels for Bonneville Lock and Dam. These changes correct language for the new replacement lock. For the Little Goose Lock and Dam the Corps is making adjustments in the upstream channel restricted area boundary to provide a recreational craft corridor along the north shoreline. This will provide better boat ramp access in support of the small craft portage route and reduce interference between fisherman and the boat ramp.
Asian Longhorned Beetle; Addition and Removal of Quarantined Areas in New Jersey
Document Number: 05-21169
Type: Rule
Date: 2005-10-24
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the Asian longhorned beetle regulations by adding a portion of Middlesex and Union Counties, NJ, to the list of quarantined areas and restricting the interstate movement of regulated articles from those areas. This action is necessary to prevent the artificial spread of the Asian longhorned beetle to noninfested areas of the United States. We are also removing the areas within Hudson County, NJ, from the list of quarantined areas and removing restrictions on the interstate movement of regulated articles from those areas. We have determined that the Asian longhorned beetle no longer presents a risk of spread from those areas and that the quarantine and restrictions are no longer necessary.
Certification Program for Imported Articles of Pelargonium
Document Number: 05-21168
Type: Rule
Date: 2005-10-24
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are adopting as a final rule, with changes, an interim rule that amended the regulations by establishing a certification program for articles of Pelargonium spp. and Solanum spp. imported from countries where the bacterium Ralstonia solanacearum race 3 biovar 2 (R3B2) is known to occur. The interim rule prohibited the importation of articles of Pelargonium spp. and Solanum spp. from countries where R. solanacearum R3B2 is known to occur unless the articles are produced in accordance with the certification program. This final rule amends the regulations by modifying some of the requirements of the certification program to make them clearer and more flexible, by providing for the establishment of areas that are free of R. solanacearum R3B2 within countries where the bacterium is known to occur, and by exempting imported seeds of Pelargonium spp. and Solanum spp. from all requirements related to R. solanacearum R3B2. The requirements of the certification program are designed to ensure that R. solanacearum R3B2 will not be introduced into the United States through the importation of articles of Pelargonium spp. and Solanum spp. This certification program is necessary to prevent the introduction of this bacterial strain into the United States.
Production of Records and Testimony of Personnel of the Export-Import Bank of the United States in Legal Proceedings
Document Number: 05-21147
Type: Proposed Rule
Date: 2005-10-24
Agency: Export-Import Bank of the United States, Export-Import Bank, Agencies and Commissions
Ex-Im Bank is issuing a proposed regulation that would establish policy and prescribe procedures with respect to the testimony of Ex-Im Bank personnel, both current and former, and the production of agency records, in legal proceedings. The proposed regulation is designed to balance concerns such as preserving the time of Ex-Im Bank personnel for the conduct of official business against concerns such as whether the disclosure of information requested is necessary to prevent fraud or injustice.
Drawbridge Operation Regulations; Sturgeon Bay Ship Canal; Sturgeon Bay, WI
Document Number: 05-21146
Type: Rule
Date: 2005-10-24
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is revising the operating regulations for the Michigan Street and Bayview drawbridges, both in Sturgeon Bay, WI, by establishing a permanent winter operating schedule while still providing for the reasonable needs of navigation.
Revision of VOR Federal Airway V-343; MT
Document Number: 05-21144
Type: Rule
Date: 2005-10-24
Agency: Federal Aviation Administration, Department of Transportation, Docket No. Faa-2005-22047; Airspace Docket No. 05-Anm-10
This action extends Federal Airway V-343 from the Bozeman, MT, Very High Frequency Omni-directional Range/Tactical Air Navigation (VORTAC) to the initial approach fix for the Area Navigation (RNAV) runway 15 approach to the Bert Mooney Airport (BTM), MT. Specifically, this action will enhance the management of air traffic arrivals at BTM.
List of Communities Eligible for the Sale of Flood Insurance
Document Number: 05-21139
Type: Rule
Date: 2005-10-24
Agency: Federal Emergency Management Agency, Department of Homeland Security
This rule identifies communities that are participating and suspended from the National Flood Insurance Program (NFIP). These communities have applied to the program and have agreed to enact certain floodplain management measures. The communities' participation in the program authorizes the sale of flood insurance to owners of properties located in the communities listed below.
Suspension of Community Eligibility
Document Number: 05-21138
Type: Rule
Date: 2005-10-24
Agency: Federal Emergency Management Agency, Department of Homeland Security
This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If FEMA receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date.
Deemed Duration of Marriage for Widows/Widowers and Removal of Restriction on Benefits to Children of Military Parents Overseas
Document Number: 05-21117
Type: Rule
Date: 2005-10-24
Agency: Social Security Administration, Agencies and Commissions
We are issuing these final rules to reflect in our regulations changes to the Social Security Act (the Act) made by two provisions in the Social Security Protection Act of 2004 (SSPA), enacted on March 2, 2004. One provision added a new situation in which the 9-month duration-of-marriage requirement for surviving spouses under title II of the Act is deemed to have been met. The other provision removed a restriction against payment of Supplemental Security Income (SSI) benefits, under title XVI of the Act, to certain blind or disabled children who were not eligible for SSI benefits the month before their military parents reported for duty outside the United States.
TRICARE; Sub-Acute Care Program; Uniform Skilled Nursing Facility Benefit; Home Health Care Benefit; Adopting Medicare Payment Methods for Skilled Nursing Facilities and Home Health Care Providers
Document Number: 05-20415
Type: Rule
Date: 2005-10-24
Agency: Office of the Secretary, Department of Defense
This rule partially implements the TRICARE ``sub-acute and long-term care program reform'' enacted by Congress in the National Defense Authorization Act for Fiscal Year 2002, specifically: Establishment of ``an effective, efficient, and integrated sub-acute care benefits program,'' with skilled nursing facility (SNF) and home health care benefits modeled after those of the Medicare program; adoption of Medicare payment methods for skilled nursing facility, home health care, and certain other institutional health care providers; adoption of Medicare rules on balance billing of beneficiaries, prohibiting it by institutional providers and limiting it by non- institutional providers; and change in the statutory exclusion of coverage for custodial and domiciliary care.
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