October 28, 2005 – Federal Register Recent Federal Regulation Documents

NMFS issues this final rule to implement a comprehensive amendment prepared by the Caribbean Fishery Management Council (Council) to amend its Reef Fish, Spiny Lobster, Queen Conch, and Coral Fishery Management Plans (FMPs). The comprehensive amendment is designed to ensure the FMPs are fully compliant with the provisions of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act). This final rule redefines the fishery management units for the FMPs; establishes seasonal closures; imposes gear restrictions and requirements; revises requirements for marking pots and traps; and prohibits the filleting of fish at sea. In addition, the comprehensive amendment establishes biological reference points and stock status criteria; establishes rebuilding schedules and strategies to end overfishing and rebuild overfished stocks; provides for standardized collection of bycatch data; minimizes bycatch and bycatch mortality to the extent practicable; designates essential fish habitat (EFH) and EFH habitat areas of particular concern (HAPCs); and minimizes adverse impacts on such habitat to the extent practicable. The intended effect of this final rule is to achieve optimum yield in the fisheries and provide social and economic benefits associated with maintaining healthy stocks.

The Commander, Fifth Coast Guard District, has approved a temporary deviation from the regulations governing the operation of the Route 71 Bridge, at mile 0.8, across Shark River (South Channel), at Belmar, New Jersey. This deviation allows the drawbridge to provide vessel openings upon two hours advance notice each day from 8 a.m. to 3 p.m. and from 6 p.m. to 10 p.m. beginning on Monday, October 31 until Thursday, November 3, 2005, to facilitate emergency mechanical repairs.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule that established procedures for exempting handlers from quality requirements, including maximum limits for quality defects and minimum size, prescribed under the California pistachio marketing order (order). The order regulates the handling of pistachios grown in California and is administered locally by the Administrative Committee for Pistachios (committee). These procedures will be used by the committee in considering handler requests for exemptions from minimum quality testing requirements and when considering revocations of such exemptions. Additionally, this final rule continues in effect the establishment of an appeals process for handlers who have been denied an exemption or had an approved exemption revoked.

This document responds to petitions for reconsideration of FRA's January 3, 2005 rule mandating the reflectorization of freight rolling stock (freight cars and locomotives). This document amends and clarifies the final rule and also lifts the stay of the rule's effectiveness published on May 26, 2005 (70 FR 30378).

On March 29, 2005, EPA published a final rule entitled ``Revision of December 2000 Regulatory Finding on the Emissions of Hazardous Air Pollutants From Electric Utility Steam Generating Units and the Removal of Coal- and Oil-Fired Electric Utility Steam Generating Units from the Section 112(c) List'' (Section 112(n) Revision Rule). (See 70 FR 15994.) Following that final action, the Administrator received two petitions for reconsideration. In response to those petitions, EPA is announcing its reconsideration of certain aspects of the Section 112(n) Revision Rule. We are requesting comment on the particular issues identified below for which we are granting reconsideration. Those issues are referenced briefly in the SUPPLEMENTARY INFORMATION section of the preamble and described more fully later in this preamble. We are seeking comment only on the aspects of the Section 112(n) Revision Rule specifically identified in this notice. We will not respond to any comments addressing other aspects of the Section 112(n) Revision Rule or any related rulemakings.

In this rule, we finalize provisions specified in the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (BIPA) that establish new data collection, posting, and recordkeeping requirements for skilled nursing facilities (SNFs) and nursing facilities (NFs). It requires that on a daily basis for each shift, SNFs and NFs must post nurse staffing data for the licensed and unlicensed staff directly responsible for resident care in the facility. Facility census information must also be posted. This final rule is also part of a broader communication outreach initiative by CMS to provide beneficiaries, their families, and the public with access to updated data and other information that can assist them in making healthcare decisions.