November 2005 – Federal Register Recent Federal Regulation Documents

The Food and Drug Administration (FDA) is proposing to amend its food labeling regulations for the expanded use of the nutrient content claim ``lean'' on the labels of foods categorized as ``mixed dishes not measurable with a cup'' that meet certain criteria for total fat, saturated fat, and cholesterol content. This proposal responds to a nutrient content claim petition submitted by Nestl[eacute] Prepared Foods Co. (Nestl[eacute]) under the Federal Food, Drug, and Cosmetic Act (the act). This action also is being taken to provide reliable information that would assist consumers in maintaining healthy dietary practices.

In accordance with 5 CFR 1320.8(d), the Occupational Safety and Health Administration (OSHA) requests comments concerning its proposed extension of the collection of information requirements specified in the OSHA Strategic Partnership Program for Worker Safety and Health (OSPP).

In the August 11, 2004 issue of the Federal Register (69 FR 48916), we published the Hospital Inpatient Prospective Payment System final rule. This correcting amendment reinstates paragraphs (a)(2) and (a)(3) in 42 CFR 403.744 (Condition of participation: Life safety from fire), which were accidentally deleted by that rule. Those paragraphs relate to requirements for fire control plans and maintenance of documentation in religious non-medical health care institutions. The effective date was October 1, 2004.

The Department of Energy (DOE) is adopting as final without change an Interim Final Rule amending the Department of Energy Acquisition Regulation (DEAR) to provide policy and procedures regarding work for non-DOE entities performed by DOE contractors who manage and operate DOE-owned or DOE-leased facilities and to make an administrative change concerning debarment and suspension officials.

NMFS is reallocating the projected unused amount of Pacific cod from vessels using trawl, pot, jig and hook-and-line gear to catcher processor vessels using hook-and-line gear in the BSAI. These actions are necessary to allow the 2005 total allowable catch (TAC) of Pacific cod to be harvested.

On July 21, 2005, the Department of Commerce published the preliminary results of the administrative review of the antidumping duty order on furfuryl alcohol from Thailand. The period of review is July 1, 2003, through June 30, 2004. The final results do not differ from the preliminary results of this review, in which we found that sales of the subject merchandise have not been made below normal value. We will instruct the U.S. Bureau of Customs and Border Protection not to assess antidumping duties on the subject merchandise exported by this company.

EPA has authorized Systems Research and Applications (SRA) Corporation's subcontractor Logistics Management Institute (LMI), of McLean, Virginia, access to information which has been submitted to EPA under all sections of the Toxic Substances Control Act (TSCA). Some of the information may be claimed or determined to be Confidential Business Information (CBI).

The EPA is approving Indiana's April 8, 2005, submittal which revises existing sulfur dioxide (SO2) emission limits for sources in Dearborn County, makes minor corrections removing obsolete rule language, and updates information for sources listed in the rule. These revisions will not result in an increase in SO2 emissions in Dearborn County because no emission limits were increased.

Under Section 122(h) (1) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Environmental Protection Agency has entered into a Cost Recovery Settlement with Solitron Devices, Inc. to settle liability at the following Superfund Sites: Solitron Devices Superfund Site located in Riviera Beach, Florida; Solitron Microwave Superfund Site located in Port Salerno, Florida; Petroleum Products Corporation Superfund Site located in Pembroke Park, Florida; City Industries, Inc. Superfund Site located in Orlando, Florida; and Casmalia Resources Superfund Site located in Santa Barbara County, California. EPA will consider public comments on the settlement until December 27, 2005. EPA may withdraw from or modify the proposed settlement should such comments disclose facts or considerations which indicate the proposed settlement is inappropriate, improper or inadequate. Copies of the proposed settlement are available from: Ms. Paula V. Batchelor, U.S. Environmental Protection Agency, Region 4, Superfund Enforcement & Information Management Branch, Waste Division, 61 Forsyth Street, SW., Atlanta, Georgia 30303, 404/562-8887, Batchelor.Paula@epa.gov. Written or e-mail comments may be submitted to Ms. Batchelor at the above address within the 30 days specified above.

EPA has environmental concerns about impacts from runoff, related soil erosion and sediment losses; cumulative impacts from other large scale timber projects to vegetation and wildlife habitat; and adverse impacts to water quality.

In this document, the Federal Communications Commission (Commission) examines the reach of Emergency Alert System (EAS), as currently constituted, to cover digital communications technologies that are increasingly being used by the American public to receive news and entertainmentdigital television and radio, digital cable, and satellite television and radio. The Further Notice of Proposed Rulemaking is the most recent in a series of proceedings in which the Commission has sought to contribute to an efficient and technologically current public alert and warning system.

This notice publishes the current list of 561 tribal entities recognized and eligible for funding and services from the Bureau of Indian Affairs by virtue of their status as Indian tribes. The list is updated from the notice published on December 5, 2003 (68 FR 68180).

The Defense Intelligence Agency is proposing to add a system of records to its existing inventory of records systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

The Department of the Army proposes to alter a system of records notice in its inventory of records systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

The Fremont and Winema Resource Advisory Committee will meet in Klamath Falls, Oregon, for the purpose of conducting business as it relates to the planning of RAC Project Proposal workshops in the winter of 2006. The RAC will also discuss budget and other outstanding business. The RAC is authorized under the provisions of Title II of the Secure Rural Schools and Community Self-Determination Act of 2000.

This final rule amends regulations pertaining to the producer milk provision of the Arizona-Las Vegas Federal milk order. More than the required number of producers for the Arizona-Las Vegas marketing area approved the issuance of the final order amendments.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 20, 2005, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Hynix Semiconductor Inc. of Korea; Hynix Semiconductor America Inc. of San Jose, California; and Hynix Semiconductor Manufacturing America Inc. of Eugene, Oregon. A supplement was filed on November 8, 2005. The complaint, as supplemented, alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain NAND flash memory devices and products containing same by reason of infringement of claims 1-5 of U.S. Patent No. 5,509,995, and claim 6 of U.S. Patent No. 5,869,404. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent exclusion order and cease and desist orders.

The Corporation for National and Community Service (hereinafter the ``'Corporation'''), as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance 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 requirement on respondents can be properly assessed. Currently, the Corporation is soliciting comments concerning changes to an existing information collection activity, the RSVP Station Supervisor Survey (OMB Number 3045-0097), which is a component of the Performance Surveys for its three Senior Corps programs: the Foster Grandparent Program, the Senior Companion Program, and RSVP (Retired and Senior Volunteer Program). Copies of the information collection request can be obtained by contacting the office listed below in the ADDRESSES section of this notice. This form is available in alternate formats. Individuals who use a telecommunications device for the deaf (TTY/TDD) may call (202) 606-5256 between the hours of 9 a.m. and 4:30 p.m. Eastern time, Monday through Friday.

The Corporation for National and Community Service (hereinafter the ``Corporation''), as part of its continuing effort to reduce paperwork and respondent burden, will submit the following public information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, (44 U.S.C. Chapter 35)). 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 requirement on respondents can be properly assessed. Currently, the Corporation is soliciting comments concerning its proposed data collection instrument entitled: Field Network Pilot Study VISTA Cost Sharing Report Form and Survey. The information will be used by the Corporation's VISTA program to improve its understanding of the factors that determine cost sharing among VISTA sponsor organizations. The goal is to develop more effective strategies for encouraging cost sharing arrangements among VISTA sponsor organizations. Copies of the information collection request can be obtained by contacting the office listed below in the ADDRESSES section of this notice. Individuals who use a telecommunications device for the deaf (TTY-TDD) may call (202) 565-2799 between 8:30 a.m. and 5 p.m. Eastern time, Monday through Friday.

This notice announces that TSA has forwarded the Information Collection Request (ICR) abstracted below to the Office of Management and Budget (OMB) for review and approval of an extension of the currently approved collection under the Paperwork Reduction Act. The ICR describes the nature of the information collection and its expected burden. TSA published a Federal Register notice, with a 60-day comment period soliciting comments, of the following collection of information on September 23, 2005, 70 FR 55915.

The Department of the Treasury, Office of the Treasury Inspector General for Tax Administration (TIGTA), gives notice of a proposed alteration to the system of records entitled ``Treasury/DO .311-TIGTA Office of Investigations Files,'' which is subject to the Privacy Act of 1974, as amended (5 U.S.C. 552a). The system was last published in its entirety in the Federal Register on May 22, 2003, at 68 FR 28046.

The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. Housing industry groups may appeal for increases in FHA's maximum mortgage limits for specific counties or metropolitan statistical areas (MSA's).

Pursuant to sections 14(b)(1) and 9(c) of the Federal Advisory Committee Act (Pub. L. 92-463), and after consultation with the Committee Management Secretariat, General Services Administration, the Administrator of the National Aeronautics and Space Administration has determined that a renewal of the Aerospace Safety Advisory Panel is in the public interest in connection with the performance of duties imposed upon NASA by law. The structure and duties of this panel is unchanged.

The EPA (also, ``the Agency'' or ``we'') is amending an existing exclusion to reflect changes in ownership and name for the Vulcan Materials Company (Vulcan), Port Edwards, Wisconsin. Today's amendment documents these changes.