2005 – Federal Register Recent Federal Regulation Documents

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to implement section 1432 of the National Defense Authorization Act for Fiscal Year 2004. Title XIV of the Act, referred to as the Services Acquisition Reform Act of 2003 (SARA), amended section 8002(d) of the Federal Acquisition Streamlining Act of 1994 (FASA) to expressly authorize the use of time-and-materials (T&M) and labor-hour (LH) contracts for certain categories of commercial services under specified conditions.

This action adds to the Procurement List a product to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities.

There will be a meeting of the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel (FIFRA SAP) to consider and review plant-incorporated protectants based on virus coat protein genes: science issues associated with a review of proposed rules.

The Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.

TSA invites public comment on one currently approved information collection requirement abstracted below that we will submit to the Office of Management and Budget (OMB) for renewal in compliance with the Paperwork Reduction Act.

The Food and Drug Administration (FDA) is announcing the following public meeting: A New Direction for FDA's Radiological Health Program. The topics of discussion are the agency's activities to implement its radiological health program (the program).

In accordance with the Privacy Act of 1974, as amended (Privacy Act), the U.S. Department of Education (Department) publishes this notice of an altered system of records entitled ``Education Publications Center'' (ED PUBS) (18-05-18), last published in 64 FR 72384, 72404-05 (December 27, 1999). The Department amends this notice by: (1) Deleting the old numbering of the system, 18-13-05, and renumbering the system as 18-05-18 to reflect that the system is managed by the Department's Office of Management; (2) changing the system location to reflect that the central database is maintained by the Department's contractor, Aspen Systems Corporation; (3) revising the routine use that allows disclosures to labor organizations; (4) updating the paragraphs on storage and retrievability; (5) updating the paragraph on safeguards to reflect current measures; and (6) updating the paragraph on system manager to reflect the location in the Department's Office of Management.

The Director of the Office of Ecosystem Protection, Environmental Protection Agency-Region 1, is today providing notice of availability of the final National Pollutant Discharge Elimination System (NPDES) general permits for certain Publicly Owned Treatment Works (POTWs) and other treatment works treating domestic sewage in the States of Massachusetts and New Hampshire and Indian Country Lands located in the State of Massachusetts. These general permits establish notification requirements, permit eligibility conditions, effluent limitations, standards, and prohibitions for discharges to fresh and marine waters. Coverage under these general permits is available to facilities in Massachusetts classified as minor facilities and to facilities in New Hampshire classified as major or minor facilities. Owners and/or operators of POTWs and other treatment works treating domestic sewage, including those facilities currently authorized to discharge under individual NPDES permits, are eligible to apply for coverage under the final general permit and will receive a written notification from EPA whether permit coverage and authorization to discharge under one of the general permits is approved. The eligibility requirements, including the requirement that the facility have a dilution factor equal to or greater than 50:1 in the receiving water, are provided in the general permits. These general permits do not cover new sources as defined under 40 CFR 122.2.

This regulation establishes tolerances for residues of fenpropathrin in or on bushberry subgroup 13B; lingonberry; juneberry; salal; pea, succulent; and vegetable, fruiting, group 8. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).

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 August 15, 2005 to August 26, 2005, consists of the PMNs 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.

This regulation establishes tolerances for residues of pyridaben in or on hop, dried cones; papaya; star apple; sapote, black; mango; sapodilla; sapote, mamey; canistel, fruit, stone, group 12; strawberry; and tomato. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA). EPA is also deleting certain pyridaben tolerances that are no longer needed as result of this action.

EPA is removing time-limited tolerance exemptions for several pesticide chemicals. These time-limited tolerance exemptions are being removed because they have expired and are obsolete, and to ensure that the regulatory listings of tolerance exemptions are properly updated.

The Environmental Protection Agency (``EPA'' or the ``Agency'') New England (Region 1) announces the deletion of the Nutmeg Valley Road Site (``Site'') from the National Priorities List (``NPL''). The NPL constitutes appendix B of 40 part 300 which is the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP''), which EPA promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation and Liability Act (``CERCLA'') of 1980, as amended. EPA and the Connecticut Department of Environmental Protection (``CT DEP'') have determined that the Site poses no significant threat to public health or the environment and, therefore, no further remedial measures pursuant to CERCLA are appropriate.

Due to the mandatory evacuation of the Florida Keys for Hurricane Rita, NMFS is cancelling a public hearing on the draft Consolidated Highly Migratory Species (HMS) Fishery Management Plan (FMP) and proposed rule that was scheduled for September 21, 2005, in Key West, FL. NMFS intends to reschedule the Key West public hearing at a later date. The draft Consolidated HMS FMP and the proposed rule describe a range of management measures that could impact fishermen and dealers for all HMS fisheries.

The Department of Labor, 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, the reporting burden (time and financial resources) is minimized, the collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. The Employment and Training Administration (ETA) is soliciting comments on the establishment of a reporting and recordkeeping system to support implementation of the Prisoner Reentry Initiative (PRI).

The Deputy Secretary of Energy confirmed and approved Rate Order No. WAPA-122 and Rate Schedules UGP-FPT1, UGP-NFPT1, UGP-NT1, UGP-AS1, UGP-AS2, UGP-AS3, UGP-AS4, UGP-AS5, and UGP-AS6 placing the Integrated System (IS) Transmission and Ancillary Services rate into effect on an interim basis. The provisional rates will be in effect until the Federal Energy Regulatory Commission (Commission) confirms, approves, and places them into effect on a final basis or until they are replaced by other rates. The provisional rates will provide sufficient revenue to pay all annual costs, including interest expense, and repayment of required investment, within the allowable periods.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 19, 2005 under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Bavarian Nordic A/S. A letter supplementing and amending the complaint was filed on September 9, 2005. The complaint, as supplemented and amended, 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 Modified Vaccinia Ankara viruses and vaccines and pharmaceutical compositions based thereon by reason of infringement of claims 1, 4, 5, and 34 of U.S. Patent No. 6,761,893 and claims 1, 2-9, and 13-16 of U.S. Patent No. 6,913,752, and misappropriation of trade secrets. The complaint further alleges that there exists an industry in the United States as required by section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent exclusion order and a permanent cease and desist order.