November 8, 2005 – Federal Register Recent Federal Regulation Documents

The Natural Resources Conservation Service (NRCS) has prepared a Draft Environmental Impact Statement consistent with the National Environmental Policy Act of 1969, as amended, to disclose potential effects to the human environment. The section of Coal Creek that traverses Cedar City, Utah, has channel stability and capacity deficiencies that pose a threat to existing infrastructure and development due to flooding. The NRCS proposes to modify the Coal Creek channel to safely convey floodwaters from a 100-year flood event. In conjunction with the proposed channel improvements, two irrigation diversion/drop structures on Coal Creek (the Main Street Diversion and the Woodbury Diversion) will have to be reconstructed to eliminate significant channel and capacity restrictions. In conjunction with the reconstruction of the diversion structures, sedimentation facilities would be constructed to remove gravel from water diverted from the Main Street Diversion. Also as part of this project, Cedar City proposes to improve and expand an existing parkway along Coal Creek to enhance aesthetic values and provide recreational opportunities for community residents and visitors. The Draft EIS presents detailed analyses for three alternatives. Alternative ANo Action, would continue the frequency and level of dredging and other management actions as they are currently planned. Existing channel and structural deficiencies would not be corrected. Alternative BRelocate Main Street Diversion, would remove the Main Street diversion/drop structure currently in use and relocate it to near 200 East. Implementation of this alternative would require approximately 3,250 feet of pipeline to be installed, flood and slope/ grading-related channel modifications from Center Street to I-15, and the continuation of periodic dredging as necessary. A sedimentation basin would be constructed to remove gravels from diverted irrigation water. The Woodbury diversion/drop structure would be reconstructed. Under this alternative, the parkway would be extended to Airport Road and landscaped. Parkway Option B1 proposes a crosswalk at the Main Street Bridge. Parkway Option B2 proposes to access existing sidewalks from the pedestrian bridge at 400 North to cross Main Street and avoid additional property acquisition. Alternative CReplace Main Street Diversion, would modify the Main Street diversion/drop structure by removing approximately half the drop. Implementation of this alternative would require approximately 3,000 feet of pipeline to be installed, flood and slope/grading-related channel modifications from Center Street to west of I-15, and the continuation of periodic dredging as necessary. Two sedimentation basins would be constructed to remove gravels from diverted irrigation water. The Woodbury diversion/drop structure would be reconstructed. Under this alternative, the parkway would be extended to Airport Road and landscaped. In addition, a historic pedestrian truss bridge would be removed to prevent channel constriction and potential flooding. Parkway Option C1 would construct an elevated pedestrian pathway under the Main Street Bridge. Parkway Option C2 would construct a large box culvert for pedestrian use just north of the bridge and under Main Street. As required by the NRCS for water projects, the National Economic Development (NED) benefit-cost process was used to determine benefit- cost ratios for each alternative. The alternative with the highest benefit-cost ratio (3.47:1) and thus designated as the NED Alternative was Alternative C, Parkway Option C1. Accordingly, the NRCS selected Alternative C, Parkway Option C1, as the Preferred Alternative. Written comments regarding this Draft EIS should be mailed to: Marnie Wilson, Coal Creek EIS, USDANRCS, Wallace F. Bennett Federal Building, 125 South State Street, Room 4402, Salt Lake City, UT 84138- 1100. Project information is also available on the Internet at: https:// www.ut.nrcs.usda.gov under Public Notices. Comments must be received no later than 45 days after this notice is published (December 26, 2005). Comments may also be submitted by sending a facsimile to (801) 524- 4593, or by e-mail to Marnie.Wilson@ut.usda.gov (please include the words ``Coal Creek Comment'' in the subject line of the E-mail).

Closed meeting of the Art Advisory Panel will be held in Washington, DC.

The Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.

The Food and Drug Administration (FDA) is proposing to amend the classification regulations of tinnitus masker devices in order to specify a special control for the device. The agency is taking this action on its own initiative. This action is being taken under the Federal Food, Drug, and Cosmetic Act (the act), as amended by the Safe Medical Devices Act of 1990 (SMDA), and the Food and Drug Administration Modernization Act of 1997 (FDAMA). Elsewhere in this issue of the Federal Register, FDA is publishing a notice of availability of the draft guidance document that the agency proposes to use as a special control for the device.

The Food and Drug Administration (FDA) is announcing a publication containing modifications the agency is making to the list of standards FDA recognizes for use in premarket reviews (FDA recognized consensus standards). This publication entitled ``Modifications to the List of Recognized Standards, Recognition List Number: 013'' (Recognition List Number: 013), will assist manufacturers who elect to declare conformity with consensus standards to meet certain requirements for medical devices.

This notice announces FMCSA's decision to revise the terms and conditions of its previous decision to issue exemptions to certain insulin-treated diabetic drivers of commercial motor vehicles (CMVs) from the diabetes mellitus prohibitions contained in the Federal Motor Carrier Safety Regulations (FMCSRs). This action is in response to section 4129 of the Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) which requires FMCSA within 90 days of enactment to modify its exemption program to allow individuals who use insulin to treat diabetes mellitus to operate CMVs in interstate commerce, without having to demonstrate safe driving experience operating a CMV while using insulin, while at the same time implementing certain other requirements contained in section 4129. These changes will remain in effect until FMCSA completes a rulemaking to revise the FMCSRs to allow drivers with insulin-treated diabetes mellitus (ITDM) to operate CMVs in interstate commerce in accordance with the applicable statutory standards.

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.) EPA is seeking public comment on the following Information Collection Request (ICR): Notification of Chemical Exports - Toxic Substances Control Act (TSCA) Section 12(b) (EPA ICR No. 0795.12, OMB Control No. 2070-0030). This ICR involves a collection activity that is currently approved and scheduled to expire on August 31, 2006. The information collected under this ICR relates to reporting requirements found at 40 CFR part 707, subpart D, with respect to companies exporting certain chemicals from the United States to foreign countries. Before submitting this ICR to the Office of Management and Budget (OMB) for review and approval under the PRA, EPA is soliciting comments on specific aspects of the collection.

The Departments of Commerce and the Interior (the Departments) amend their regulations governing watch duty-exemption allocations and the watch and jewelry duty-refund benefits for producers in the United States insular possessions (the U.S. Virgin Islands, Guam, American Samoa and the Commonwealth of the Northern Mariana Islands). The rule amends the regulations by making technical changes required by passage of the Miscellaneous Trade and Technical Corrections Act of 2004; extending the duty refund benefits to include the value of usual and customary health insurance, life insurance and pension benefits; raising the ceiling on the amount of jewelry that qualifies for the duty refund benefit; allowing new insular jewelry producers to assemble jewelry and have such jewelry treated as an article of the insular possessions for up to 18 months after the jewelry company commences assembly operations; allowing duty refund certificate holders to secure a duty refund on any articles that are imported into the customs territory of the United States by the certificate holder duty paid; providing a more comprehensive definition of ``unit;'' adjusting the amount of watch repairs that are eligible for the duty refund; providing compensation to insular watch producers if tariffs on watches and watch movements are reduced; and clarifying which wages are eligible for purposes of determining the duty refund and identifying which records are needed for the audit.

On May 6, 2005, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on certain steel concrete reinforcing bars (rebar) from Turkey (70 FR 23990). This review covers four producers/ exporters of the subject merchandise to the United States. The period of review (POR) is April 1, 2003, through March 31, 2004. We are rescinding the review with respect to 18 companies because they had no shipments of subject merchandise to the United States during the POR. In addition, we have determined to revoke the antidumping duty order with respect to an additional exporter, ICDAS Celik Enerji Tersane ve Ulasim Sanayi, A.S. (ICDAS). Based on our analysis of the comments received, we have made changes in the margin calculations. Therefore, the final results differ from the preliminary results. The final weighted-average dumping margins for the reviewed firms are listed below in the section entitled ``Final Results of Review.''

On behalf of the New Bedford Harbor Trustee Council (Council), NMFS, serving as the Administrative Trustee, publishes this notice to see comment on its proposed funding of six restoration projects for possible implementation through funding from the AVX Natural Resource Damages Trust Account (Trust Account). The Council, through an earlier published Federal Register notice requested grant applications for projects to restore natural resources that were injured by the release of hazardous substances and materials, including polychlorinated biphenyls (PCBs), in the New Bedford Harbor Environment (Harbor Environment). Nineteen grant applications for natural resource restoration projects were submitted for consideration by the Council. The Council is now seeking public comment on the preferred projects to assist in making a final decision on projects eligible for funding.

Notice is hereby given of an intent to grant to Harbison- Walker Refractories Co. at Moon Township, Pennsylvania, an exclusive or partially exclusive license to practice the invention described in the U.S. patent number 6,815,386 titled, ``Use of Phosphates to Reduce Slag Penetration in Cr2O3-Based Refractories.'' The invention is owned by the United States of America, as represented by the Department of Energy (DOE). The proposed license will be exclusive or partially exclusive, subject to a license and other rights retained by the U.S. Government, and other terms and conditions to be negotiated. DOE intends to grant the license, upon a final determination in accordance with 35 U.S.C. 209(c), unless within 15 days of publication of this Notice the Research Marketing Specialist, Department of Energy, Albany Research Center, 1450 Queen Avenue, SW., Albany, OR 97321-2198, receives in writing any of the following, together with the supporting documents: (i) A statement from any person setting forth reasons why it would not be in the best interest of the United States to grant the proposed license; or (ii) An application for a nonexclusive license to the invention, in which applicant states that it already has brought the invention to practical application or is likely to bring the invention to practical application expeditiously.

There will be a meeting of the Endocrine Disruptor Methods Validation Advisory Committee (EDMVAC) on November 30 through December 2, 2005, in Raleigh, NC. This meeting, as with all EDMVAC meetings, is open to the public. Seating is on a first-come basis. The purpose of the meeting is to receive advice and input from the EDMVAC on: EPA's Applied Approach to Validation, OECD Uterotrophic Peer Review Report, Steroidogenesis Using the H295R Cell Line, Avian Studies, and an update on the Pubertal Assays.

The Board of Governors of the Federal Reserve System (the Board) is soliciting comments on an interim rule that would amend the section of its Rules Regarding Equal Opportunity (EEO Rules) which governs the employment of persons who are not United States citizens consistent with the Board's requirements for the security of its information. The amendments would clarify the limitations on access to sensitive information for non-citizen employees. The amendment, which concerns the internal management of the Board, is issued as an immediately effective interim rule, with opportunity for public comment, to ensure that hiring decisions facing the Board can be made as soon as possible.

In compliance with section 3507(a)(1)(D) of the Paperwork Reduction Act of 1995, for opportunity for public comment on proposed information collection projects, the Indian Health Service (IHS) has submitted to the Office of Management and Budget (OMB) a request to review and approve the information collection listed below. This proposed information collection project was published in the August 3, 2005, Federal Register (70 51826) and allowed 60 days for public comment. No public comment was received in response to the notice. The purpose of this notice is to allow 30 days for public comment to be submitted to OMB. PROPOSED COLLECTION: Title: 0917-0028, ``Indian Health Service Background Investigations of Individuals in Positions Involving Regular Contact With or Control Over Indian Children OPM-306''. Type of Information Collection Request: Extention of a currently approved collection which expires November 30, 2005. Type of Information Collection Request: Extension of a currently approved collection which expires November 30, 2005. Form Number: OF- 306 Addendum to Declaration for Federal Employment (OF 306) Indian Health Service Child Care & Indian Child Care Worker Positions. Need and Use of Information Collection: This is a request for approval of collection information required by section 408 of the Indian Child Protection and Family Violence Prevention Act, Public Law 101-630, 104 Stat. 4544, 25 U.S.C. 3201-3211. The IHS is required to compile a list of all authorized positions within the IHS where the duties and responsibilities involve regular contact with, or control over, Indian children; and to conduct an investigation of the character of each individual who is employed, or is being considered for employment in a position having regular contact with, or control over, Indian children. Section 3207(b) of the Indian Child Protection and Family Violence Prevention Act was amended by Section 814 of S. 3031, the Native American Laws Technical Corrections Act of 2000, which requires that the regulations prescribing the minimum standards of character ensure that none of the individuals appointed to positions involving regular contact with, or control over Indian children have been found guilty of, or entered a plea of nolo contendere or guilty to any felonious offense, or any of two or more misdemeanor offenses under Federal, State, or Tribal law involving crimes of violence; sexual assault, molestation, exploitation, contact or prostitution, crimes against persons; or offenses committed against children. In addition, 42 U.S.C. 13041 requires each agency of the Federal government and every facility operated by the Federal government (or operated under contract with the Federal government), that hires (or contracts for hire) individuals involved with children under the age of 18 or child care services to assure that all existing and newly-hired employees undergo a criminal history background check. The background is to be initiated through the personnel program of the applicable Federal agency. This section requires employment applications for individuals who are seeking work for an agency of the Federal government, or for a facility or program operated by (or through contract with) the Federal government, in positions involved with the provision to children under the age of 18 or child care services, to contain a question asking whether the individual has ever been arrested for or charged with a crime involving a child. Affected Public: Individual and households. Type of Respondents: Individuals. Table 1 below provides the following: Types of data collection instruments, estimated number of respondents, number of responses per respondent, annual number of responses, average burden hour per response, and total annual burden hour.

In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Idaho Falls District Resource Advisory Council (RAC), will meet as indicated below.