2005 – Federal Register Recent Federal Regulation Documents

The Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of currently approved collection, and allow 60 days for public comment in response to the notice. This notice solicits comments for information needed to report changes in students' enrollment status.

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.

EPA has authorized its contractor Avanti Corporation, of Annandale, Virginia, and its subcontractor, Geologics Corporation of Alexandria, Virginia, access to information which has been submitted to EPA under sections 4, 5, 6, and 8 of the Toxic Substances Control Act (TSCA). Some of the information may be claimed or determined to be Confidential Business Information (CBI).

This document amends Title 19 of the Code of Federal Regulations (19 CFR) to reflect the extension of the import restrictions on certain categories of archaeological material from the Pre-Hispanic cultures of the Republic of Nicaragua that were imposed by T.D. 00-75. The Acting Assistant Secretary for Educational and Cultural Affairs, United States Department of State, has determined that conditions continue to warrant the imposition of import restrictions. Accordingly, the restrictions will remain in effect for an additional 5 years, and Title 19 of the CFR is being amended to reflect this extension. These restrictions are being extended pursuant to determinations of the United States Department of State made under the terms of the Convention on Cultural Property Implementation Act in accordance with the United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. T.D. 00-75 contains the Designated List of archaeological material representing Pre-Hispanic cultures of Nicaragua.

The National Oceanic and Atmospheric Administration, Oceanic and Atmospheric Research publishes this notice to reopen the competitive solicitation for the Ballast Water Technology Demonstration Program (Research, Development, Testing and Evaluation Facility).

On September 1, 2005, the Coast Guard published a notice of proposed rulemaking (NPRM) in the Federal Register requesting public comments regarding establishment of permanent special local regulations for ``Tug-of-War'', a marine event conducted over the waters of Spa Creek between Eastport and Annapolis, Maryland. 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 Spa Creek 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).

The Coast Guard and the Maritime Administration (MARAD) announce that the Coast Guard intends to prepare an environmental impact statement (EIS) as part of the environmental review of this license application. The application describes a project that would be located in the Federal waters of the Outer Continental Shelf in Blocks NK 19-04 6525 and NK 19-04 6575, approximately 22 miles northeast of Boston, Massachusetts, and approximately 7 miles south-southeast of Gloucester, Massachusetts. Publication of this notice begins a scoping process that will help identify and determine the scope of environmental issues to be addressed in the EIS. This notice requests public participation in the scoping process and provides information on how to participate.

In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR part 107, Subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. Each mode of transportation for which a particular special permit is requested is indicated by a number in the ``Nature of Application'' portion of the table below as follows: 1Motor vehicle, 2Rail freight, 3Cargo vessel, 4Cargo aircraft only, 5Passenger-carrying aircraft.

The FAA invites public comments about our intention to request the Office of Management and Budget's (OMB) renewal of a current information collection. The rule requires passengers who intend to use an approved POC to present a physician statement before boarding. The flight crew must then inform the pilot-in-command that a POC is on board.

The information kept is used by the FAA as proof that non- Federal navigation facilities are maintained within certain specified tolerances.

In accordance with the Steens Mountain Cooperative Management and Protection Act of 2000, the Federal Land Policy and Management Act of 1976, and the Federal Advisory Committee Act of 1972, the U.S. Department of the Interior, Bureau of Land Management, and the Steens Mountain Advisory Council will meet as indicated below.

This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EMSSAB), Rocky Flats. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the Federal Register.

The Environmental Protection Agency (EPA, ``we'' or ``the Agency'') has determined that the Department of Energy's (DOE) Compliance Recertification Application (CRA, or ``application'') for the Waste Isolation Pilot Plant (WIPP) is complete. EPA provided written notice of the completeness decision to the Secretary of Energy on September 29, 2005. The text of the letter is contained in the SUPPLEMENTARY INFORMATION. The Agency has determined that the Compliance Recertification Application is complete, in accordance with 40 CFR Part 194, ``Criteria for the Certification and Recertification of the WIPP's Compliance with the 40 CFR part 191 Disposal Regulations'' (Compliance Certification Criteria). The completeness determination is an administrative step that is required by regulation, and it does not imply in any way that the Compliance Recertification Application demonstrates compliance with the Compliance Criteria and/or the disposal regulations. EPA is now engaged in the full technical review that will determine if WIPP remains in compliance with the disposal regulations. As required by the 1992 WIPP Land Withdrawal Act and our implementing regulations, EPA will make a final recertification decision within six months of issuing the completeness letter to the Secretary of Energy.

EPA is approving the Sections 111(d) and 129 negative declaration submitted by the Massachusetts Department of Environmental Protection (MADEP) on August 23, 2005. This negative declaration adequately certifies that there are no existing commercial and industrial solid waste incineration units (CISWIs) located within the boundaries of the Commonwealth of Massachusetts. EPA publishes regulations under Sections 111(d) and 129 of the Clean Air Act requiring states to submit control plans to EPA. These state control plans show how states intend to control the emissions of designated pollutants from designated facilities e.g., CISWIs). The Commonwealth of Massachusetts submitted this negative declaration in lieu of a state control plan.

The EPA (we) is proposing to revise the emissions test for existing electric generating units (EGUs) that are subject to the regulations governing the Prevention of Significant Deterioration (PSD) and nonattainment major New Source Review (NSR) programs (collectively ``NSR'') mandated by parts C and D of title I of the Clean Air Act (CAA or Act). The revised emissions test is the same as that in the New Source Performance Standards (NSPS) program under CAA section 111(a)(4). For existing EGUs, we are proposing to compare the maximum hourly emissions achievable at that unit during the past 5 years to the maximum hourly emissions achievable at that unit after the change to determine whether an emissions increase would occur. Alternatively, we are soliciting public comment on a major NSR emissions test for existing EGUs that would compare maximum hourly emissions achieved before a change to the maximum hourly emissions achieved after the change. We are also soliciting public comment on adopting an NSR emissions test based on mass of emissions per unit of energy output. In addition, we are soliciting comment on whether to revise the NSPS regulations to include a maximum achieved emissions test or an output- based emissions test, either in lieu of or in addition to the maximum achievable hourly emissions test. Today's proposal would not affect new EGUs, which would continue to be subject to major NSR preconstruction review and to the NSPS program. The proposed rule would only apply prospectively to changes at existing EGUs potentially covered by major NSR and the NSPS programs. These proposed regulations interpret CAA section 111(a)(4), in the context of NSR and NSPS, for physical changes and changes in the method of operation at existing EGUs. The proposed regulations would establish a uniform emissions test nationally under the NSPS and NSR programs for existing EGUs. The proposed regulations would also promote the safety, reliability, and efficiency of EGUs.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit two continuing Information Collection Requests (ICR) to the Office of Management and Budget (OMB). This is a request to renew two existing approved collections. These ICRs are scheduled to expire on March 31, 2006. Before submitting the ICRs to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.