2005 – Federal Register Recent Federal Regulation Documents
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Assistant Secretary for Planning & Evaluation Medicaid Program; Meeting of the Medicaid Commission-January 24-26, 2006
This notice announces a public meeting of the Medicaid Commission. Notice of this meeting is given under the Federal Advisory Committee Act (5 U.S.C. App. 2, section 10(a)(1) and (a)(2)). The Medicaid Commission will advise the Secretary on ways to modernize the Medicaid program so that it can provide high-quality health care to its beneficiaries in a financially sustainable way.
Notice of Call for Nominations for the Steens Mountain Advisory Council
The Bureau of Land Management is publishing this notice under section 9 (a)(2) of the Federal Advisory Committee Act. Pursuant to the Steens Mountain Cooperative Management and Protection Act of 2000 (Pub. L. 106-399), the Bureau of Land Management gives notice that the Secretary of the Interior intends to call for nominations for vacating positions to the Steens Mountain Advisory Council. This notice requests the public to submit nominations for membership on the Steens Mountain Advisory Council. Any individual or organization may nominate one or more persons to serve on the Steens Mountain Advisory Council. Individuals may nominate themselves or others for Steens Mountain Advisory Council membership. Nomination forms may be obtained from the Bureau of Land Management Burns District Office (see address below). To make a nomination, submit a completed nomination form, letters of reference from the represented interests or organizations, as well as any other information that speaks to the nominee's qualifications, to the Bureau of Land Management Burns District Office. Nominations may be made for the following categories of interest: One person who is a recognized environmental representative for the State as a whole (appointed from nominees submitted by the Governor of Oregon); A person interested in fish and recreational fishing (appointed from nominees submitted by the Governor of Oregon); A person who is a recreational permit holder or is a representative of a commercial recreation operation (appointed jointly by the Oregon State Director of the Bureau of Land Management and the county court for Harney County, Oregon); A private landowner in the Cooperative Management and Protection Area (appointed by the county court for Harney County, Oregon); and A person with expertise and interest in wild horse management on Steens Mountain (appointed by the Bureau of Land Management) The specific category the nominee will represent should be identified in the letter of nomination. The Bureau of Land Management Burns District will collect the nomination forms and letters of reference and distribute them to the officials responsible for submitting nominations (County Court of Harney County, the Governor of Oregon, and the Bureau of Land Management). The Bureau of Land Management will then forward recommended nominations to the Secretary of the Interior, who has responsibility for making the appointments.
Notice of Utah Resource Advisory Council Meeting
In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management's (BLM) Utah Resource Advisory Council (RAC) will meet as indicated below.
Metaldehyde Risk Assessments; Notice of Availability and Risk Reduction Options
This notice announces the availability of EPA's risk assessments, and related documents for the pesticide metaldehyde, and opens a public comment period on these documents. The public is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing a Reregistration Eligibility Decision (RED) for metaldehyde through a modified, 4-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.
Notice of Filing of Pesticide Petitions for the Establishment of Regulations for Residues of the Fungicide Mancozeb in or on Food Commodities; Extension of Comment Period
EPA issued a notice in the Federal Register of November 30, 2005, concerning the initial filing of a pesticide petition proposing the establishment of regulations for residues of mancozeb in or on almond nuts and hulls; broccoli, cabbage, lettuce and peppers; and imported oranges/mandarins with a 30-day public comment period. This document is extending the comment period for 20 days, from December 30, 2005 to January 19, 2006.
Hexythiazox; Proposed Pesticide Tolerance
This document proposes to establish tolerances for combined residues of hexythiazox (trans-5-(4-chlorophenyl)-N-cyclohexyl-4- methyl-2-oxothiazolidine-3-carboxamide) and its metabolites containing the (4-chlorophenyl)-4-methyl-2-oxo-3- thiazolidine moiety (expressed as parent) in or on grape; citrus fruit, crop group 10 (CA, AZ, TX only); citrus, oil; citrus, dried pulp; fruit, pome, group 11; apple, wet pomace; and cattle, sheep, goat, and horse meat byproducts under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).
Notice of Filing of Pesticide Petitions for the Establishment of Regulations for Residues of the Fungicide Metiram in or on Food Commodities; Extension of Comment Period
EPA issued a notice in the Federal Register of November 30, 2005, concerning the initial filing of a pesticide petition proposing the establishment of regulations for residues of metiram: a mixture of 5.2 parts by weight of ammoniates of ethylenebis(dithiocarbamato) zinc with 1 part by weight ethylenebis (dithiocarbamic acid) bimolecular and trimolecular cyclic anhydrosulfides and disulfides, calculated as zinc ethylenebisdithiocarbamate in or on imported grapes and bananas with a 30-day public comment period. This document is extending the comment period for 20 days, from December 30, 2005 to January 19, 2006.
Ferbam Reregistration Eligibility Decision; Notice of Availability
This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide ferbam, and opens a public comment period on this document. The Agency's risk assessments and other related documents also are available in the Ferbam Docket. Ferbam is registered for use as a fungicide on citrus, pome and stone fruits, cranberries, and tobacco. EPA has reviewed ferbam through the public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.
Erioglaucine and Tartrazine Aquashade; Reregistration Eligibility Decision; Notice of Availability
This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide Aquashade, and opens a public comment period on this document. The Agency's risk assessments and other related documents also are available in the Aquashade docket. The dyes erioglaucine (Acid Blue 9 or FD&C Blue No. 1) and tartrazine (Acid Yellow 23 or FD&C Yellow No. 5), when combined, act as an aquatic algaecide/herbicide, commonly referred to by the trade name Aquashade. It can be used in natural or manmade ponds, lakes, fountains, fish farms, and fish hatcheries, and may be applied by both professional applicators and homeowners. EPA has reviewed Aquashade through a streamlined public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.
Certain New Chemicals; Receipt and Status Information
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 November 17, 2005 to December 7, 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.
Fee Adjustments for Testing, Evaluation, and Approval of Mining Products
This notice revises MSHA's Approval and Certification Center (A&CC) user fees for services provided pursuant to part 5 of Title 30 of the Code of Federal Regulations (CFR) during 2006. Fees compensate MSHA for the costs that the agency incurs for testing and evaluating equipment and materials manufactured for use in the mining industry. The fees for 2006 are based on the Agency's fiscal year 2005 actual expenses.
Extension of Scoping Period for the Notice of Intent to Prepare an Environmental Impact Statement for the Operation of a Biosafety Level 3 Facility at Los Alamos National Laboratory, Los Alamos, NM
The National Nuclear Security Administration (NNSA), an agency within the U.S. Department of Energy (DOE), is extending the scoping period for the Environmental Impact Statement (EIS) on the Operation of a Biosafety Level 3 Facility at Los Alamos National Laboratory (LANL), Los Alamos, New Mexico.
Premerger Notification; Reporting and Waiting Period Requirements
This final rule amends 16 CFR part 801 and part 803, Appendix, the Antitrust Improvements Act Notification and Report Form for Certain Mergers and Acquisitions (the ``Form''). The Form must be completed and submitted by persons required to report mergers and acquisitions pursuant to Section 7A of the Clayton Act, as added by Title II of the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended. The revised Form requires that 2002 revenue data, identified by the 2002 North American Industry Classification System (``NAICS''), be provided in response to certain items on the Form.
Stainless Steel Plate in Coils from Belgium: Notice of Rescission of Antidumping Administrative Review
In response to requests from Allegheny Ludlum and United Steelworkers of America, AFL-CIO/CLC (collectively, ``Petitioners'') and Ugine & ALZ Belgium, NV (Respondent), the Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on stainless steel plate in coils (SSPC) from Belgium. See Notice of Initiation of Antidumping and Countervailing Duty Administrative Reviews, 70 FR 37749 (Initiation Notice). This administrative review covered the period of May 1, 2004, through April 30, 2005. We are now rescinding this review as a result of both Petitioners' and Respondent's withdrawal of their requests for an administrative review.
Eligibility of Students for Assisted Housing Under Section 8 of the U.S. Housing Act of 1937
This rule implements a new law, enacted as part of HUD's Fiscal Year (FY) 2006 appropriations, that restricts individuals enrolled in an institution of higher education and who meet certain other requirements from receiving assistance under section 8 of the U.S. Housing Act of 1937. The new law directed HUD to issue a final rule within 30 days of enactment of the new law. This rule fulfills the statutory requirement.
Special Conditions; Garmin International, Inc., GFC-700 AFCS on the Mooney M20M and M20R With the G1000 EFIS; Protection of Systems for High Intensity Radiated Fields (HIRF)
These special conditions are issued to Garmin International, Inc., 1200 E 151st St., Olathe, KS 66062, for a Supplemental Type Certificate for the Mooney M20M and M20R. These airplanes 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 a digital autopilot, Model GFC-700, manufactured by Garmin International, Inc., 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). This system will interface to the G1000 EFIS, which is also covered by these special conditions, which 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.
Public Notice for Waiver of Aeronautical Land-Use Assurance, Jackson County-Reynolds Field, Jackson, MI
The Federal Aviation Administration (FAA) is considering a proposal to change a portion of the airport from aeronautical use to non-aeronautical use and to authorize the sale or lease of the airport property. The proposal consists of two (2) parcels of land totaling approximately 68 acres. Current use and present condition is vacant grassland with intermittent wetland areas. The land is currently zoned residential. Parcel 15A was acquired under FAA Project No. 8-26-0051-02. Parcel 62 was not acquired with federal funds. There are no impacts to the airport by allowing the airport to dispose of the property. The airport desires to enter into a long-term lease to provide a long-term revenue source, or to sell the property. Approval does not constitute a commitment by the FAA to financially assist in the disposal of the subject airport property nor a determination of eligibility for grant-in-aid funding from the FAA. The disposition of proceeds from the disposal or lease of the airport property will be in accordance FAA's Policy and Procedures Concerning the Use of Airport Revenue, published in the Federal Register on February 16, 1999. In accordance with section 47107(h) of title 49, United State Code, this notice is required to be published in the Federal Register 30 days before modifying the land-use assurance that requires the property to be used for an aeronautical purpose. This amends the Federal Register Notice published on September 1, 2005 to allow the County of Jackson, Michigan, the option to sell or lease the property requested to be released.
Public Notice for Waiver of Aeronautical Land-Use Assurance; Rickenbacker International Airport; Columbus, OH
The Federal Aviation Administration (FAA) is considering a proposal to change a portion of the airport designated aeronautical use to non-aeronautical use and to authorize the release of 0.01 acres of airport property for sale to Air East Business Park, Ltd. The land consists of a parcel formerly used as the northern middle marker site for the instrument landing system (ILS) approach to runway 23L. The parcel is 20' x 20') and was acquired by the Rickenbacker Port Authority through a Quitclaim Deed dated May 11, 1999 and Deed of Correction dated April 25, 2001 from the United States of America. There are no impacts to the airport by allowing the airport to dispose of the property. There are no longer facilities located on this parcel and it is currently being used for agricultural purposes. Approval does not constitute a commitment by the FAA to financially assist in the disposal of the subject airport property nor a determination of eligibility for grant-in-aid funding from the FAA. In accordance with section 47107(h) of title 49, United States Code, this notice is required to be published in the Federal Register 30 days before modifying the land-use assurance that requires the property to be used for an aeronautical purpose.
Public Notice for Waiver of Aeronautical Land-Use Assurance Rickenbacker International Airport Columbus, OH
The Federal Aviation Administration (FAA) is considering a proposal to change a portion of the airport designated aeronautical use to non-aeronautical use and to authorize the release of 0.08 acres of airport property for sale to Air East Business Park, Ltd. The land consists of a parcel formerly used as the southern middle marker site for the instrument landing system (ILS) approach to Runway 23L. The parcel is 60' x 60' (3600 SF) and was acquired by the Rickenbacker Port Authority through a Quitclaim Deed dated May 11, 1999 and Deed of Correction dated April 25, 2001 from the United States of America. There are no impacts to the airport by allowing the airport to dispose of the property. There are no longer facilities located on this parcel and it is currently being used for agricultural purposes. Approval does not constitute a commitment by the FAA to financially assist in the disposal of the subject airport property nor a determination of eligibility for grant-in-aid funding from the FAA. In accordance with section 47107(h) of title 49, United States Code, this notice is required to be published in the Federal Register 30 days before modifying the land-use assurance that requires the property to be used for an aeronautical purpose.
Notice of Passenger Facility Charge (PFC) Approvals and Disapprovals
The FAA publishes a monthly notice, as appropriate, of PFC approvals and disapprovals under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the Federal Aviation Regulations (14 CFR Part 158). This notice is published pursuant to paragraph d of Sec. 158.29. PFC Applications Approved
Notice of Submission of Proposed Information Collection to OMB; Housing Counseling Program
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. Information allows HUD to contract with organizations that provide tenant and Homeowner counseling. Counseling aids tenants and homeowners in improving their housing conditions and in meeting the responsibilities of tenancy and homeownership. HUD-approved agencies can compete for program funds.
Thermal/Acoustic Insulation Installed on Transport Category Airplanes
This action modifies the requirements for improved flammability characteristics of thermal/acoustic insulation used as replacements on airplanes manufactured before September 2, 2005. The FAA has recently been provided information that the rule will apply to a much broader range of components in currently operating airplanes than was originally intended. In addition, since publishing a final rule on July 31, 2003, the FAA has learned that some requirements for improved flammability covered materials do not have a significant effect on airplane fire safety. Further, in many cases, compliant replacements are not readily available. This action focuses the requirements on replacement materials that have a greater effect on safety and are readily available, and is necessary to avoid grounding of airplanes.
Incentive Grant Criteria for Occupant Protection Programs
This final rule amends the application due date for the regulation governing the Occupant Protection Incentive Grant Program, 23 CFR part 1345 from August 1 of the applicable fiscal year to February 15. On November 14, 2005, NHTSA issued an interim final rule and technical amendments to the regulation in light of new legislation extending the program. The interim final rule proposed to change the application due date from August 1 to February 15 of the applicable fiscal year. We solicited comments from the States on this single issue. No comments were received.
Yakutat Resource Advisory Committee
The Yakutat Resource Advisory Committee will meet in Yakutat, Alaska. The purpose of the meeting is continue business of the Yakutat Resource Advisory Committee. The committee was formed to carry out the requirements of the Secure Rural Schools and Self-Determination Act of 2000. The agenda for this meeting is to review submitted project proposals and consider recommending projects for funding. Project proposals are due by January 13, 2006 to be considered at this meeting.
Notice of Availability and Public Hearings for the Red River Valley Water Supply Project Draft Environmental Impact Statement
The Bureau of Reclamation (Reclamation) and the State of North Dakota, represented by the Garrison Diversion Conservancy District (Garrison Diversion), have as joint lead agencies prepared the Red River Valley Water Supply Project Draft Environmental Impact Statement (DEIS). The DEIS was prepared in cooperation with the cities of Fargo, West Fargo, and Grand Forks, North Dakota and Moorhead, Minnesota, the Lake Agassiz Water Authority, North Dakota State Historic Preservation Office, Minnesota Department of Natural Resources, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, U.S. Geological Survey, U.S. Forest Service, and U.S. Environmental Protection Agency, and pursuant to section 8(c) of the Dakota Water Resources Act of 2000 (DWRA) and section 102(2)(c) of the National Environmental Policy Act of 1969 (NEPA), as amended. The DEIS analyzes the environmental, cultural, and socioeconomic effects of eight alternatives. Seven alternatives would meet the water needs in the Red River Valley of North Dakota, and the cities of Breckenridge, Moorhead, and East Grand Forks in Minnesota, through 2050. The document also discloses the effects of no action, or the future without implementing the federal Red River Valley Water Supply Project.
90-Day Comment Period on the Draft Cimarron and Comanche National Grasslands Land Management Plan (Draft Grasslands Plan)
The Pike and San Isabel National Forests and the Cimarron and Comanche National Grasslands have commenced a 90-day comment period, effective December 28, 2005, on the Draft Cimarron and Comanche National Grasslands Land Management Plan and supporting documents, including the environmental assessment (EA) and the finding of no significant impact (FONSI).
Privacy Act System of Records
Pursuant to the provisions of the Privacy Act of 1974, as amended, 5 U.S.C. 552a(e)(4), the IHS has amended and is publishing the proposed alteration of a system of records, System No. 09-17-0001, ``Medical, Health and Billing Records.'' The amended and altered system of records makes only administrative edits and revisions as necessary.
West Virginia Regulatory Program
We are approving an amendment to the West Virginia regulatory program (the West Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). West Virginia revised its Code of State Regulations (CSR) concerning surety bonds. The amendment is intended to provide the State with an alternative source of reliable financial information about the surety, and to allow sureties that are licensed and in good financial condition but are not currently listed with the U.S. Department of the Treasury as an acceptable surety of Federal bonds to provide surety bonds to the coal industry in West Virginia. The amendment was authorized by the West Virginia Secretary of State as an emergency rule under the State's Administrative Procedures Act.
Airworthiness Directives; Rolls-Royce Deutschland (Formerly Rolls-Royce plc) Models Tay 650-15 and 651-54 Turbofan Engines
The FAA is superseding an existing airworthiness directive (AD) for Rolls-Royce Deutschland (formerly Rolls-Royce plc) (RRD) models Tay 650-15 and 651-54 turbofan engines. That AD currently requires borescope inspection of the high pressure compressor (HPC) stage 12 disc assembly to detect damage caused by HPC outlet guide vane (OGV) retaining bolt failure, and replacement of unserviceable parts with serviceable parts. That AD also requires as terminating action, the incorporation of a new design retention arrangement for the HPC OGV to prevent HPC OGV retaining bolt failure. This ad requires the same actions but extends the terminating action compliance time for Tay 650- 15 engines. This AD also includes references to later revisions of two of the applicable RRD service bulletins (SBs). This AD results from RRD relaxing the terminating action compliance time for Tay 650-15 engines due to reassessment by RRD. We are issuing this AD to prevent an uncontained failure of the HPC stage 11/12 disc spacer, which could result in damage to the airplane.
Medicare Part D Subsidies
We are adding to our regulations a new part to contain rules that we will apply when we evaluate applications for premium and cost- sharing subsidies under the Medicare program. We are including a new subpart, Medicare Part D Subsidies, to this part. This new subpart contains the rules that we use to determine eligibility for premium and cost-sharing subsidies under the Medicare Part D program, which was added by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Medicare Modernization Act or MMA). These final rules describe: What the new subpart is about; how we determine whether you are eligible for premium and cost-sharing subsidies; how we redetermine your eligibility for a subsidy; how you apply for a subsidy; how we evaluate your income and resources; when your eligibility for premium and cost-sharing subsidies terminates; how you may report changes in your circumstances; and how you can appeal a determination we make under the Part D subsidy program.
Notice of New Fee Site; Federal Lands Recreation Enhancement Act, (Title VIII, Pub. L. 108-447)
The Kootenai National Forest proposes to begin charging a $25 day use fee for rental of the Bull River Pavilion (10 a.m.-10 p.m.). An additional $15 fee will be charged for use past 10 p.m. to be paid at the district. Rentals of other day use sites on the Kootenai National Forest show that the public appreciate and enjoy the availability of reserving and using group site facilities. Funds from the rental will be used for the continued operation and maintenance of the Bull River Pavilion.
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