December 19, 2005 – Federal Register Recent Federal Regulation Documents

Under the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3501 et seq.), and as part of its continuing effort to reduce paperwork and respondent burden, the National Science Foundation (NSF) is inviting the general public or other Federal agencies to comment on this proposed continuing information collection. The National Science Foundation (NSF) will publish periodic summaries of proposed projects. Comments: Comments are invited on (a) whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.

The Junk Fax Prevention Act of 2005 amends section 227 of the Communications Act of 1934 relating to unsolicited facsimile advertisements. The Junk Fax Prevention Act requires the Commission to issue regulations to implement the amendments made by the statute no later than 270 days after the date of enactment of the Act. In this document, the Commission proposes amendments to its unsolicited facsimile advertising rules and seeks comment on related aspects of those rules. Specifically, the Commission seeks comment on the established business relationship (EBR) exception to the rules, the requirement to include an opt-out notice and contact information on facsimile advertisements, and other rules implementing the Junk Fax Prevention Act. The Commission also opens a new docket for all filings in response to this document and those addressing the facsimile advertising rules generally.

NMFS proposes 2006 specifications for the Atlantic bluefish fishery, including state-by-state commercial quotas, a recreational harvest limit, and recreational possession limits for Atlantic bluefish off the east coast of the United States. The intent of these specifications is to establish the allowable 2006 harvest levels and possession limits to attain the target fishing mortality rate (F), consistent with the stock rebuilding program in Amendment 1 to the Atlantic Bluefish Fishery Management Plan (FMP).

On March 4, 2005, the Mid-Atlantic Fishery Management Council (Council), in cooperation with NMFS, announced its intent to prepare a programmatic supplemental environmental impact statement (SEIS) and Amendment 9 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan (FMP). As a result of that notice, the Council received public comment on the issue of whether or not to consider measures to control or limit future access to the Atlantic mackerel fishery in Amendment 9. Based on public comment received during that scoping comment period, the Council notified the public in a subsequent notice on June 9, 2005, of its intention to move the consideration of the development of a limited access program for mackerel to Amendment 10 to the FMP. Since then, the Council has been notified that it must develop a stock rebuilding program for butterfish as a result of that stock being designated as overfished. Consequently, Amendment 10 will now include a plan to rebuild the overfished butterfish stock. As a result, the Council hereby notifies the public that the mackerel limited access program will now be developed in Amendment 11 to the FMP. While the Council believes that this action will result in a slight delay in the development of a limited access program for Atlantic mackerel, no other changes are anticipated.

NMFS announces that the 2005 summer flounder commercial quota available to New York has been harvested and is announcing the closure of summer flounder in Federal waters. Vessels issued a commercial Federal fisheries permit for the summer flounder fishery may not land summer flounder in New York for the remainder of calendar year 2005, unless additional quota becomes available through a transfer. Regulations governing the summer flounder fishery require publication of this notification to advise New York of the closure and to advise vessel permit holders and dealer permit holders that no commercial quota is available for landing summer flounder in New York.

The Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901 to 6992k (RCRA), allows EPA to authorize State hazardous waste management programs if EPA finds that such programs are equivalent to and consistent with the Federal program and provide adequate enforcement of compliance. Title 40 of the Code of Federal Regulations (CFR) part 272 is used by EPA to codify its decision to authorize individual State programs and incorporates by reference those provisions of the State statutes and regulations that are subject to EPA's inspection and enforcement authorities as authorized provisions of the State's program. This rule proposes to revise the codification of the Idaho authorized program at 40 CFR part 272, subpart N.

EPA is amending the list of hazardous air pollutants (HAP) contained in section 112 of the Clean Air Act (CAA) by removing the compound methyl ethyl ketone (MEK) (2-Butanone) (CAS No. 78-93-3). This action is being taken in response to a petition submitted by the Ketones Panel of the American Chemistry Council (formerly the Chemical Manufacturers Association) on behalf of MEK producers and consumers to delete MEK from the HAP list. Petitions to remove a substance from the HAP list are permitted under section 112 of the CAA. Based on the available information concerning the potential hazards of and projected exposures to MEK, EPA has made a determination pursuant to CAA section 112(b)(3)(C) that there are ``adequate data on the health and environmental effects [of MEK] to determine that emissions, ambient concentrations, bioaccumulation, or deposition of the substance may not reasonably be anticipated to cause adverse effects to human health or adverse environmental effects.''

EPA is taking direct final action on amendments to the national emissions standards for hazardous air pollutants (NESHAP) for hazardous waste combustors which were issued October 12, 2005, under section 112 of the Clean Air Act. In that rule, we inadvertently included three new or revised bag leak detection system requirements for Phase I sourcesincinerators, cement kilns, and lightweight aggregate kilnsamong implementation requirements taking effect on December 12, 2005, rather than, as intended, after three years when the sources begin complying with the revised emission standards under the NESHAP for hazardous waste combustors. We intended to establish the compliance date for these provisions three years after promulgation October 14, 2008because the provisions establish more stringent requirements for Phase I sources, which cannot readily be complied with on short notice, and because these provisions are inextricably tied to the revised emissions standards. We are issuing the amendments as a direct final rule, without prior proposal, because we view the revisions as noncontroversial and anticipate no adverse comments.

The Coast Guard is changing existing permanent security zones in designated waters adjacent to the islands of Oahu, Maui, Hawaii, and Kauai, Hawaii. These revised security zones are necessary to protect personnel, vessels, and facilities from acts of sabotage or other subversive acts, accidents, or other causes of a similar nature and will extend from the surface of the water to the ocean floor. Some of the revised security zones are continuously activated and enforced at all times, while others are activated and enforced only during heightened threat conditions. Entry into these Coast Guard security zones while they are activated and enforced is prohibited unless authorized by the Captain of the Port.

The FHWA is issuing this notice to advise the public that the Notice of Intent to prepare an Environmental Impact Statement (EIS) for the proposed project to construct a fourth bore to the Caldecott Tunnel between State Route 24/Broadway interchange in the City of Oakland in Alameda County and the State Route 24/Camino Pablo interchange in the City of Orinda in Contra Costa County, California is being withdrawn; and an Environmental Assessment (EA) in lieu of an EIS is being prepared for this proposed highway project.

The Homeland Security Advisory Council will hold a meeting to receive reports and briefings and to hold member deliberations. This meeting will be partially closed to the public as authorized under the Federal Advisory Committee Act.

In compliance with 37 CFR 404 et seq., the Department of the Army hereby gives notice of its intent to grant to Akoura Biometrics Incorporated, a corporation having its principle place of business at 9990 Waterford Trail Chagrin Falls, OH 44023, an exclusive or partially exclusive license relative to ARL patents U.S. Patent 6,557,103 B1 entitled, ``Spread Spectrum Steganography''; April 29, 2003, Boncelet, Jr., et al. and U.S. Patent 6,831,990 B2 entitled, ``System and Method for Image Tamper Detection via Thumbnail Hiding''; December 14, 2004; Marvel et al.

The Advisory Counsel on Historic Preservation will be accepting public comments in preparation for issuing formal comments, under the National Historic Preservation Act, to the Nuclear Regulatory Commission regarding its intent to issue a permit for a spent fuel storage facility project in Skull Valley, Utah.

The Millennium Challenge Corporation (MCC) is reporting for the quarter July 1, 2005 through September 30, 2005, with respect to either assistance provided under Section 605 of the Millennium Challenge Act of 2003 (Pub. L. 108-199, Division D (the Act)), or transfers of funds to other federal agencies pursuant to Section 619 of that Act. The following report shall be made available to the public by means of publication in the Federal Register and on the Internet Web site of the MCC (https://www.mcc.gov) in accordance with Section 612(b) of the Act.

The Department of the Treasury, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 4419, Application for Filing Information Returns Magnetically/Electronically.

The Department of the Treasury, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Pub. L. 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 8569, Geographic Availability Statement.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of two supplemental new animal drug applications (NADAs) filed by Fort Dodge Animal Health, Division of Wyeth. The supplemental NADAs provide for oral use of moxidectin gel or moxidectin and praziquantel gel in horses and ponies for the treatment and control of two additional species of small strongyles.

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

These special conditions are issued to Envoy Aerospace, 5027 Switch Grass Lane, Naperville, Illinois 60564-5368, for a Supplemental Type Certificate for the Raytheon B200, B200C, 300, B300, and B300C models. These models will have novel and unusual design features when compared to the state of technology envisaged in the applicable airworthiness standards. These novel and unusual design features include the installation of an electronic flight instrument system (EFIS) and a navigation display. The EFIS consists of the Universal Avionics, Inc. EFI-890R system for which the applicable regulations do not contain adequate or appropriate airworthiness standards for the protection of these systems from the effects of high intensity radiated fields (HIRF). The installation includes three EFI-890R Flat Panel Displays (two Primary Flight Displays Pilot/Copilot and one Navigational Display), and supporting equipment. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to the airworthiness standards applicable to these airplanes.

This notice announces the extension of the comment period for Notice of availability of proposed Advisory Circular (AC) 25.21-1X, and request for comments, which was published in the Federal Register on November 4, 2005 (70 FR 67303), and closes on January 3, 2006. In that notice, the FAA invited public comment on a proposed AC which provides guidance on a means, but not the only means, of compliance with the proposed certification requirements for performance and handling characteristics of transport category airplanes affected by flight in the icing conditions defined in appendix C of Title 14, Code of Federal Regulations (CFR) part 25. This extension of the comment period is necessary to give all interested persons an opportunity to present their views on the proposed AC.