December 9, 2005 – Federal Register Recent Federal Regulation Documents

The Department of the Army proposes to amend its regulation concerning law enforcement reporting, to implement portions of section 577(b)(5) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005, October 28, 2004, Pub. L. 108-375, pertaining to reporting of sexual assaults. This revision also implements Department of Defense policy concerning sexual assault.

This action establishes the Class D and modifies the Class E airspace area at Rogers Municipal/Carter Field, Rogers, AR (ROG). Establishing an Airport Traffic Control Tower at Rogers Municipal/ Carter Field, Rogers, AR, has made this rule necessary. The intended effect of this proposal is to provide adequate controlled airspace for aircraft operating in the vicinity of Rogers Municipal/Carter Field, Rogers, AR.

This action establishes the Class E airspace area at Hillsboro Municipal Airport, Hillsboro, TX (INJ), to provide adequate controlled airspace for the area navigation (RNAV) global positioning system (GPS) standard instrument approach procedure (SIAP).

U.S. Citizenship and Immigration Services (USCIS) published a notice in the Federal Register on November 19, 2004, at 69 FR 67751 which announced the expansion of the Direct Mail Program to provide that certain filings of Forms I-485, I- 765, and I-131 be filed at a designated Chicago, Illinois Lockbox Facility for initial processing. That notice, among other things, directed certain aliens applying for work authorization under 8 CFR 274a.12(c)(10), who were described as ``aliens granted Suspension of Deportation who are required to file with the USCIS Service Center having jurisdiction,`` to submit their Form I-765, Application for Employment Authorization, to the Chicago Lockbox Facility. This statement was incorrect in two ways. First, 8 CFR 274a(12)(c)(10) provides that an alien ``who has filed an application for suspension of deportation.* * *'' may be authorized to accept employment in the United States. That provision, however, does not cover an alien who has already been granted suspension of deportation and is not a lawful permanent resident. Aliens already granted suspension of deportation and lawful permanent resident status are employment authorized incident to status and are not required to file for an employment authorization document. Second, the November 19, 2004 Direct Mail Notice was meant to affect only those Form I-765 applicants who, at the time the notice was issued, were required to file their applications at a local USCIS office. USCIS did not intent to change the filing location for those I- 765s applications requesting employment authorization under 8 CFR 274.12(c)(10) that were previously filed at and adjudicated by a Service Center, such as those based upon an application for relief pursuant to section 203 of the Nicaraguan Adjustment and Central American Relief Act, Public Law 105-100, as amended. Accordingly, the Federal Register notice needs to be corrected to clarify this point. USCIS hereby corrects the prior notice to clearly provide that only applicants who are seeking employment authorization pursuant to 8 CFR 274.12(c)(10) based upon having filed an application for suspension of deportation pursuant to section 244 of the Immigration and Nationality Act (INA) or cancellation of removal pursuant to section 240A of the INA must submit their Form I-765 to the Chicago Lockbox Facility. Applicants who are seeking employment authorization pursuant to 8 CFR 274.12(c)(10) based upon having field an application for NACARA 203 relief must submit their Form I-765 to the Service Center having jurisdiction over their place of residence.

The Food and Drug Administration (FDA) is issuing a proposed rule to amend the final monograph (FM) for over-the-counter (OTC) dandruff, seborrheic dermatitis, and psoriasis drug products to include the combination of 1.8 percent coal tar solution and 1.5 percent menthol in a shampoo drug product to control dandruff. FDA is issuing this proposed rule after considering information submitted in a citizen petition. This proposal is part of FDA's ongoing review of OTC drug products.

We are amending our rules regarding service of legal process in lawsuits involving judicial review of Agency final decisions on individual claims for benefits under titles II, VIII, and/or XVI of the Social Security Act (Act). Under the current rules, summonses and complaints in these types of cases are required to be sent to the Social Security Administration (SSA), Office of the General Counsel (OGC) in Baltimore, Maryland. These final rules provide that summonses and complaints in these types of cases shall be mailed directly to the OGC office that is responsible for the processing and handling of litigation in the particular jurisdiction in which the complaint has been filed. The names and addresses of those offices, and the jurisdictions for which they are currently responsible, are detailed in a separate notice in the Notices section of today's Federal Register. Future changes in the addresses and/or jurisdictional responsibilities of these offices will similarly be published in the Federal Register. Current procedures for service of summonses and complaints in all other types of cases filed against SSA, i.e., those that do not involve judicial review of Agency final decisions on individual claims for benefits under titles II, VIII, and/or XVI of the Act, are not affected by this change.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 747-400 series airplanes. This proposed AD would require inspecting the support bracket of the crew oxygen cylinder installation to determine the manufacturing date marked on the support, and performing corrective action if necessary. This proposed AD results from a report indicating that certain oxygen cylinder supports may not have been properly heat-treated. We are proposing this AD to prevent failure of the oxygen cylinder support under the most critical flight load conditions, which could cause the oxygen cylinder to come loose and leak oxygen. Leakage of oxygen could result in oxygen being unavailable for the flightcrew or could result in a fire hazard in the vicinity of the leakage.

The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a continuing information collection, as required by the Paperwork Reduction Act of 1995. An agency may not conduct or sponsor, and a respondent is not requested to respond to, and information collection unless the information collection displays a currently valid OMB control number. The OCC is soliciting comment on an information collection titled ``Bank Secrecy Act/Money Laundering Risk Assessment.'' The OCC also gives notice that it has sent the information collection to OMB for review and approval.

This document adopts as a final rule, without change, an interim final rule concerning pooling standards and transportation credit provisions of the Upper Midwest Federal milk order. More than the required number of producers for the Upper Midwest marketing area approved the issuance of the final order amendments.

The Food and Drug Administration (FDA) is announcing that Food Ingredient Solutions, LLC, has filed a petition proposing that the color additive regulations be amended to expand the use of sodium copper chlorophyllin to include foods generally (with the exception of meat, poultry, fish, and standardized foods) and to include fescue grass as a permitted source.

The Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) has submitted updated regulations for receiving delegation of EPA authority for implementation and enforcement of New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAPs) for all sources. These regulations apply to certain NSPS promulgated by EPA, as amended through July 1, 2004, and certain NESHAPs promulgated by EPA, as amended through July 1, 2004. The delegation of authority under this notice applies only to sources located in Bernalillo County, New Mexico, and does not extend to sources located in Indian country. EPA is providing notice that it has approved delegation of certain NSPS to ABCAQCB, and taking direct final action to approve the delegation of certain NESHAPs to ABCAQCB.

EPA is proposing to approve a September 30, 2005 request from the designee of the Governor of South Dakota to redesignate the ``Rapid City Area'' under section 107 of the Clean Air Act (CAA) from unclassifiable to attainment for PM-10. EPA is proposing to approve the redesignation request because the State has adequately demonstrated that the ``Rapid City Area'' is in attainment of the PM-10 National Ambient Air Quality Standards (NAAQS) and has committed to the continuation of fugitive dust controls that should help ensure that the area continues to attain the PM-10 NAAQS. The requirements that will apply in the ``Rapid City Area'' will not change as a result of this action because, for the purposes of the requirements of the CAA, unclassifiable and attainment areas are treated the same. This action is being taken under section 107 of the Clean Air Act.

Section 5 of the Toxic Substances Control Act (TSCA) requires any person who intends to manufacture (defined by statute to include import) a new chemical (i.e., a chemical not on the TSCA Inventory) to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under sections 5(d)(2) and 5(d)(3) of TSCA, EPA is required to publish a notice of receipt of a premanufacture notice (PMN) or an application for a test marketing exemption (TME), and to publish periodic status reports on the chemicals under review and the receipt of notices of commencement to manufacture those chemicals. This status report, which covers the period from October 31, 2004 to November 7, 2005, consists of the PMNs and TME, both pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period.

As part of the ongoing implementation of Electronic Government (E-Government), a key component of the President's Management Agenda, HUD is continuing with its transition to a total electronic grant application system. This system requires applicants to submit applications for Federal grants electronically through Grants.gov, the governmentwide portal for electronic grant applications. To protect the applicant and the applicant's information, and to assure Federal agencies that they are interacting with officials authorized to submit applications on behalf of applicant entities, an applicant must register with Grants.gov to submit an application for funding. To facilitate the Fiscal Year (FY) 2006 Federal grant application process, this notice encourages prospective applicants for HUD funding to register early for the FY2006 funding cycle. Registering now, in advance of agencies posting their FY2006 grant opportunities, may eliminate many of the registration issues that HUD applicants faced in FY2005 of not meeting registration requirements in time to meet grant application deadlines. Early registration provides HUD, Grants.gov, and the applicant sufficient time to address any questions regarding the registration process, as well as allow applicants to focus on completing application requirements, since registration will be completed. HUD anticipates that it will post its funding opportunities in early 2006. Prospective applicants for FY2006 HUD grants are encouraged to register at https://www.grants.gov with the publication of this Notice. Although applicants can register at any time before an application is submitted to HUD, the registration process can take approximately 10 days or more. The process relies upon an exchange of data across three different databases and an organization's E-Business Point of Contact (E-Business POC) to complete the authorization process. With busy schedules, an organization seeking to submit a grant application would not want a scenario where a key individual serving as the E-Business POC is not available to complete the process in time to meet an application deadline. Early registration helps applicants avoid possible delays with the timely submission of applications or finding out right before the submission deadline that all the steps in the registration process are not complete. This notice describes the steps that HUD applicants must take to register successfully at https://www.grants.gov.

This final rule revises terminology, definitions, and requirements for consistency with the Hazardous Materials Safety and Security Reauthorization Act of 2005. These amendments include revising the definitions of ``hazmat employee'' and ``hazmat employer;'' revision of shipping paper retention requirements; providing a security plan exception for farmers; adding conditional applicability of postal laws and regulations; and replacement of ``Exemption'' with ``Special permit.''

DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update text pertaining to the environment, occupational safety, and a drug-free workplace. This rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update text addressing acquisitions made through Government supply sources. This proposed rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.

DoD has adopted as final, with changes, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement new Free Trade Agreements with Australia and Morocco. The Free Trade Agreements were scheduled to become effective on or after January 1, 2005. However, the Morocco Free Trade Agreement has not yet entered into force and is therefore removed from this final rule.

This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless.