2005 – Federal Register Recent Federal Regulation Documents

The Missile Defense Advisory Committee will meet in closed session on December 1-2, 2005, in Washington, DC. The mission of the Missile Defense Advisory Committee is to provide the Department of Defense advice on all matters relating to missile defense, including system development, technology, program maturity and readiness of configurations of the Ballistic Missile Defense System (BMDS) to enter the acquisition process. At this meeting, the Committee will hold receive classified status reports on offensive-defensive integration; centralized and decentralized management; threat 2015- 2025; capability-based acquisition; and cruise missile defense.

The Food and Drug Administration (FDA) is announcing the availability of a guidance entitled ``Questions and Answers Regarding Establishment and Maintenance of Records (Edition 2).'' The guidance responds to various questions raised about section 306 of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (the Bioterrorism Act) and the agency's implementing regulation, which requires the establishment and maintenance of records by persons who manufacture, process, pack, transport, distribute, receive, hold, or import food in the United States. Such records are to allow for the identification of the immediate previous sources and the immediate subsequent recipients of food. Persons covered by the regulation must be in compliance by December 9, 2005, June 9, 2006, or December 11, 2006, depending on the size of the business.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Raytheon Aircraft Company (Raytheon) Models 58P and 58TC airplanes used as a lead airplane by the United States Forest Service. This proposed AD would require you to insert a new supplement into the Limitations Section of the Pilot's Operating Handbook and Airplane Flight Manual (POH/AFM) that establishes new limits for the structural life of the airframe (wing, fuselage, empennage, or associated structure); and dispose of the life-limited airframe following 14 CFR 43.10 when the limit of the structural life of the airframe is reached. This proposed AD results from Raytheon issuing a POH/AFM supplement that establishes the structural life limit of 4,500 hours time-in- service (TIS) for the airframe (wing, fuselage, empennage, and associated structure) for any Models 58P and 58TC airplanes used as a lead airplane by the United States Forest Service; and FAA's determination that the structural life limit is necessary. We are issuing this proposed AD to prevent cumulative fatigue damage and fatigue cracking damage that would sufficiently reduce residual strength of the airframe and result in failure. Failure of the airframe (wing, fuselage, empennage, or associated structure) could lead to loss of control of the airplane.

The Ravalli County Resource Advisory Committee will be meeting to discuss 2004 projects and hold a short public forum (question and answer session). The meeting is being held pursuant to the authorities in the Federal Advisory Committee Act (Pub. L. 92-463) and under the Secure Rural Schools and Community Self-Determination Act of 2000 (Pub. L. 106-393). the meeting is open to the public.

In accordance with the Paperwork Reduction Act of 1995 (PRA), the Forest Service is seeking comments from all interested individuals and organizations on extension of the currently approved collection for seven grazing permit administration forms that assist in administering grazing permits. These Office of Management and Budget approved forms include (1) FS-2200-1 Refund, Credit or Transfer Application; (2) FS- 2200-2 Application for Temporary Grazing or Livestock Use Permit; (3) FS-2200-12 Waiver of Term Grazing Permit; (4) FS-2200-13 Escrow Waiver of Term Grazing Permit Privileges; (5) FS-2200-16 Application for Term Grazing Permit; (6) FS-2200-17 Application for Term Private Land Grazing Permit; and (7) FS-2200-25 Ownership Statement by Corporation or Partnership. The proposed information collection authorization would cover existing forms without revision. The current authorization for the forms covered by Information Collection Number 0596-0003 expires on April 30, 2006.

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 of 1995. OTS is soliciting public comments on the proposal.

This notice announces that TSA has forwarded the Information Collection Request (ICR) abstracted below to the Office of Management and Budget (OMB) for review and approval of an extension of the currently approved collection under the Paperwork Reduction Act. The ICR describes the nature of the information collection and its expected burden. TSA published a Federal Register notice, with a 60-day comment period soliciting comments, of the following collection of information on August 23, 2005, 70 FR 43902.

The Food and Drug Administration (FDA) is announcing that a collection of information entitled ``Guidance for Requesting an Extension to Use Existing Label Stock after the Trans Fat Labeling Effective Date of January 1, 2006'' has been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (the PRA). Elsewhere in this issue of the Federal Register, FDA is publishing a notice announcing an opportunity for public comment on this collection of information. Since this collection received emergency approval that expires on January 1, 2006, FDA is following the normal PRA clearance procedures by issuing that notice.

The Food and Drug Administration (FDA) is announcing that a collection of information entitled ``Regulations For In Vivo Radiopharmaceuticals Used For Diagnosis and Monitoring'' has been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995.

This document grants in full the petition of DaimlerChrysler Corporation (DaimlerChrysler) for an exemption of a high-theft line, the Dodge Charger, from the parts-marking requirements of the Federal Motor Vehicle Theft Prevention Standard. This petition is granted because the agency has determined that the antitheft device to be placed on the line as standard equipment is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the Theft Prevention Standard.

The Coast Guard is establishing a regulated navigation area (RNA) within San Diego Bay, Mission Bay, and their approaches out to the 12 nautical mile limit of the territorial sea. This action is necessary to provide the COTP a greater situational awareness of vessels intending to enter San Diego Bay or Mission Bay, to allow the COTP to enforce safety and security zones associated with naval vessel movements and exercises, and increase awareness of potential threats to national security assets within the area. This RNA will ensure the safe movement of vessels in the vicinity of San Diego Bay and Mission Bay.

The Coast Guard proposes to change the drawbridge operating regulations governing the operation of the Route 35 Bridge, mile 0.0, across Cheesequake Creek at South Amboy, New Jersey. This proposed rule would allow the bridge owner to require a two hour notice from 11 p.m. to 7 a.m., year round and all day from December 1 through March 31. This rule is expected to meet the reasonable needs of navigation.

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).

This action revokes Class E airspace, Eagle, Colorado published in the Federal Register October 13, 2005 (70 FR 59652). The FAA is taking this action due to errors in the effective date, airspace description, and geographic coordinates.

This rule adjusts the penalty amount of certain civil monetary penalties authorized by the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The rule implements the Federal Civil Penalties Inflation Adjustment Act of 1990 which requires that civil monetary penalties be adjusted for inflation at least once every four years.

NMFS publishes this final rule to implement the 2005 and 2006 management measures to prevent overfishing of the eastern tropical Pacific Ocean (ETP) tuna stocks, consistent with recommendations by the Inter-American Tropical Tuna Commission (IATTC) that have been approved by the Department of State (DOS) under the Tuna Conventions Act. The purse seine fishery for tuna in the ETP will be closed for a 6-week period beginning November 20, 2005, through December 31, 2005, and beginning November 20, 2006, through December 31, 2006. In this final rule, NMFS also announces that the longline fishery will close when a 150-mt limit has been reached. These actions are taken to limit fishing mortality on tuna stocks caused by purse seine fishing and longline fishing in the Convention Area and contribute to the long-term conservation of tuna stocks at levels that support healthy fisheries.

The OCC, Board, FDIC, OTS, and NCUA (Agencies) are publishing final rules to implement section 411 of the Fair and Accurate Credit Transactions Act of 2003 (FACT Act). The final rules create exceptions to the statute's general prohibition on creditors obtaining or using medical information pertaining to a consumer in connection with any determination of the consumer's eligibility, or continued eligibility, for credit for all creditors. The exceptions permit creditors to obtain or use medical information in connection with credit eligibility determinations where necessary and appropriate for legitimate purposes, consistent with the Congressional intent to restrict the use of medical information for inappropriate purposes. The final rules also create limited exceptions to permit affiliates to share medical information with each other without becoming consumer reporting agencies. The final rules are substantially similar to the rules adopted by the Agencies on an interim final basis in June 2005.

The highway diesel fuel sulfur program, finalized in 2001, is resulting in the nationwide transition in 2006 of most diesel fuel from low-sulfur diesel (LSD) to ultra-low sulfur diesel (ULSD). Some in the diesel fuel production and distribution industries have indicated that they may be unable to complete the transition to ULSD by the current deadlines at the very furthest reaches the distribution system. In response, today's proposed action would make limited changes to the transition provisions for entities in the highway diesel distribution system. These proposed changes finely balance the concerns of the fuel industry with the critical need for ULSD to be available for 2007 diesel vehicles and engines. The impacts of the recent hurricanes along the Gulf Coast of the U.S. are not a contributing factor in today's proposed action, and there would be no change in the June 1, 2006 start date for refiners to be producing ULSD (15 ppm sulfur). We propose to extend the ULSD implementation dates for terminals and retail outlets by 45 days. Thus, terminals would have until September 1, 2006 (vs. July 15) and retailers would have until October 15, 2006 (vs. September 1) to complete their transitions to ULSD. We also propose that downstream of the refinery fuel slightly higher than 15 ppm sulfur could temporarily be sold as ULSD. In addition, we propose to extend the beginning of the restriction on how much ULSD can be downgraded to higher sulfur fuel by 15 days, to October 15, 2006 to be consistent with the end of the proposed new transition dates. The rule also includes proposed corrections to the recordkeeping and reporting requirements under the highway diesel and also proposes several minor amendments to the highway diesel sulfur, nonroad diesel sulfur, and gasoline sulfur programs to correct errors or omissions in the regulations.