October 2005 – Federal Register Recent Federal Regulation Documents

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.

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.

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).

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).

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.

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.

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.

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.

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.

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.

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.

This final rule clarifies certain requirements and delays the effective date for the implementation of some of the measures specified in Framework 17 to the Atlantic Sea Scallop Fishery Management Plan (Framework 17), which was developed and submitted by the New England Fishery Management Council (Council) and approved by NMFS. The measures require that vessels issued a general category scallop permit, and that land or intend to land over 40 lb (18.14 kg) of shucked or 5 bu (176.2 L) of unshucked scallops, install and operate vessel monitoring systems (VMS) in order to provide more complete monitoring of the general category scallop fleet. Delay of the October 21, 2005, effective date is necessary to allow sufficient time for vessel owners to purchase, install, and activate VMS required under Framework 17. The new effective date is December 1, 2005.

This final rule amends the U.S. Department of Agriculture's (USDA) National List of Allowed and Prohibited Substances (National List) to reflect one recommendation submitted to the Secretary by the National Organic Standards Board (NOSB) on March 3, 2005. Consistent with the recommendation from the NOSB, this final rule revises the annotation of one substance on the National List, methionine, to extend its use in organic poultry production until October 21, 2008.

This document notifies the public that the Administrator of EPA has forwarded to the Secretary of Agriculture a draft final rule as required by section 25(a) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). As described in the Agency's semi-annual Regulatory Agenda, the draft final rule will make several improvements to the pesticide emergency exemption process under section 18 of FIFRA. EPA has established regulations under section 18 of FIFRA which allow a Federal or State agency to apply for an emergency exemption to allow an unregistered use of a pesticide for a limited time when such use is necessary to alleviate an emergency condition.

We are adopting as a final rule, without change, an interim rule that amended the bovine tuberculosis regulations regarding State and zone classifications by removing New Mexico from the list of modified accredited advanced States, adding portions of two counties in New Mexico to the list of modified accredited advanced zones, and adding the remainder of the State to the list of accredited-free zones. We took this action based on our determination that New Mexico met the requirements of the regulations for zone recognition and that one of the zones met the criteria for designation as accredited-free.

The Department is extending through January 30, 2006, the period for interested persons to submit comments to its proposed rule on medical oxygen and portable respiration assistive devices.

The Office of Personnel Management is issuing a final rule to redefine the geographic boundaries of the Central North Carolina Federal Wage System (FWS) appropriated fund wage area. The final rule removes Edgecombe and Wilson Counties, NC, from the survey area and adds Hoke County, NC, to the survey area. The redefinition of Edgecombe, Hoke, and Wilson Counties aligns the geographic definition of the Central North Carolina wage area more closely with the regulatory criteria used to define FWS wage areas.

This final rule revises the Department of Homeland Security's procedures for managing classified national security information. This rule implements procedures required under Executive Order 12958, ``Classified National Security Information,'' as amended by Executive Order 13292, and amends the initial procedures established when the Department was created in January 2003. Further, this rule delegates to the Chief Security Officer of the Department of Homeland Security the responsibility of serving as the ``Senior Agency Official'' pursuant to Executive Order 12958, as amended.

The FAA is adopting a new airworthiness directive (AD) for all Boeing Model 737-600, -700, -700C, -800, and -900 series airplanes. This AD requires repetitive inspections of the aft pressure bulkhead web for fatigue cracks, crack indications, discrepant holes, and corrosion; and repair if necessary. This AD results from reports of fatigue cracks in the aft pressure bulkhead web. We are issuing this AD to detect and correct such fatigue cracks, which could result in a rapid decompression of the airplane.

This document contains corrections to the inseason adjustments that became effective on October 1, 2005. The inseason adjustment contained an error in the limited entry trawl trip limit table, Table 3 (South), on page 58076. The trip limit for petrale sole on line 16 should have been closed only south of 38[deg] N. lat., as stated in the preamble, rather than south of 40[deg]10' N. lat. as depicted in the table. These regulations implemented changes to the 2005-2006 fishery specifications and management measures for groundfish taken in the U.S. exclusive economic zone off the coasts of Washington, Oregon, and California.

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are revising our regulations pertaining to the processing of State program amendments submitted by a State for approval under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The specific regulations being revised govern the standards for determining when proceedings that lead to the substitution of Federal enforcement for all or part of an approved State program should be initiated because of the State's failure to amend its program as directed. These revisions provide us with the discretion to consider additional relevant factors regarding the performance of the State in effectively maintaining its program before determining that proceedings leading to the substitution of Federal enforcement are warranted. We are also revising our regulations that govern the time periods and schedule for processing State program amendments.

The Coast Guard is establishing temporary special local regulations for ``Hampton Roads Sailboard Classic'', a marine event to be held on the waters of Willoughby Bay, Norfolk, Virginia. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in portions of Willoughby Bay during the event.

We extend the expiration date for the waivers and modifications of statutory and regulatory provisions issued by the Secretary pursuant to the HEROES Act of 2003 and announced in a notice published in the Federal Register on December 12, 2003 (68 FR 69312).

NMFS is opening directed fishing for pollock in Statistical Area 630 of the Gulf of Alaska (GOA) for 48 hours. This action is necessary to fully use the 2005 total allowable catch (TAC) of pollock specified for Statistical Area 630.

EPA is proposing to grant conditional approval of a State Implementation Plan (SIP) revision submitted by the State of West Virginia pertaining to nitrogen oxides (NOX) emission reductions required under the NOX SIP Call. The SIP revision, required under Phase II of the NOX SIP Call (Phase II), consists of West Virginia's rule to meet its remaining NOX emission reduction obligations. In order to meet the April 2005 SIP revision submission due date specified under Phase II, the West Virginia Department of the Environment (WVDEP) adopted this rule using West Virginia's emergency rule procedures. In West Virginia, such emergency rules have a sunset date. In order for West Virginia to have a fully approvable SIP revision to satisfy Phase II, the WVDEP must adopt a permanent rule with an effective date prior to the sunset date of the emergency rule, and must submit the permanent rule as a SIP revision to EPA by July 1, 2006. The WVDEP is currently in the process of adopting its permanent version of the rule to satisfy the Phase II requirements. The WVDEP has submitted a written commitment to EPA stating it will adopt the permanent rule with an effective date prior to the sunset date of the emergency rule, and will submit the permanent rule as a SIP revision to EPA by July 1, 2006. EPA is proposing to grant conditional approval of this SIP revision based upon West Virginia's commitments. This action is being taken under the Clean Air Act (CAA).