2005 – Federal Register Recent Federal Regulation Documents

NMFS announces that 95 percent of the Atlantic herring total allowable catch (TAC) allocated to Management Area 1B (Area 1B) for fishing year 2005 is projected to be harvested by December 23, 2005. Therefore, effective 0001 hours, December 23, 2005, federally permitted vessels may not fish for, catch, possess, transfer or land more than 2,000 lb (907.2 kg) of Atlantic herring in or from Area 1B per trip or calendar day until January 1, 2006 when the 2006 TAC becomes available, except for transiting purposes as described in this document. Regulations governing the Atlantic herring fishery require publication of this notification to advise vessel and dealer permit holders that 95 percent of the Atlantic herring TAC allocated to Area 1B has been harvested, and no TAC is available for the directed fishery for Atlantic herring harvested from Area 1B.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Requests (ICR) abstracted below have been forwarded to the Office of Management and Budget (OMB) for review and comments. The ICRs describe the nature of the information collections and their expected burden. A Federal Register Notice with a 60-day comment period soliciting comments on the following collections of information was published on September 21, 2005 [70 FR 55450]. No comments were received.

On October 23, 2003, a Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS) for the Chloride Bush Project on the Idaho Panhandle National Forests was published in the Federal Register (68 FR 60637-60638). The NOI is canceled because the Idaho Panhandle National Forests no longer intend to proceed with this project.

The Food and Drug Administration (FDA) is reopening until January 27, 2006, the comment period for the proposed rule published in the Federal Register of September 27, 2005 (70 FR 56394), proposing implementing regulations for designation of new animal drugs for minor uses and minor species under section 573 of the Federal Food, Drug, and Cosmetic Act (the act). FDA is reopening the comment period to update comments and to receive any new information.

On June 1, 2005, the Department of Commerce (the Department) initiated a sunset review of the antidumping duty orders on ball bearings from Japan and Singapore. On the basis of the notice of intent to participate and adequate substantive responses and rebuttal comments filed on behalf of the domestic and respondent interested parties, the Department is conducting a full sunset review of the antidumping duty orders pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.218(e)(2)(i). As a result of these sunset reviews, the Department preliminarily finds that revocation of the antidumping duty orders would likely lead to continuation or recurrence of dumping at the levels listed below in the section entitled ``Preliminary Results of Reviews.''

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.

This notice announces the availability of, and requests comments on the proposed revision to technical standard order (TSO)- C166, Extended Squitter Automatic Dependent SurveillanceBroadcast (ADS-B) and Traffic Information ServiceBroadcast (TIS-B) Equipment Operating on the Radio Frequency of 1090 Megahertz (MHz), issued September 20, 2004. The resulting changes to this proposed revised TSO tells persons seeking a TSO authorization or letter of design approval (LODA) what minimum performance standards (MPS) their extended squitter ADS-B and TIS-B equipment must meet to be identified with the applicable TSO marking.

The Office of Thrift Supervision (OTS) is amending its regulations to incorporate a number of technical and conforming amendments. They include clarifications and corrections of typographical errors.

This document contains exemptions issued by the Department of Labor (the Department) from certain of the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974 (the Act) and/or the Internal Revenue Code of 1986 (the Code). A notice was published in the Federal Register of the pendency before the Department of a proposal to grant such exemption. The notice set forth a summary of facts and representations contained in the application for exemption and referred interested persons to the application for a complete statement of the facts and representations. The application has been available for public inspection at the Department in Washington, DC. The notice also invited interested persons to submit comments on the requested exemption to the Department. In addition the notice stated that any interested person might submit a written request that a public hearing be held (where appropriate). The applicant has represented that it has complied with the requirements of the notification to interested persons. No requests for a hearing were received by the Department. Public comments were received by the Department as described in the granted exemption. The notice of proposed exemption was issued and the exemption is being granted solely by the Department because, effective December 31, 1978, section 102 of Reorganization Plan No. 4 of 1978, 5 U.S.C. App. 1 (1996), transferred the authority of the Secretary of the Treasury to issue exemptions of the type proposed to the Secretary of Labor.

This notice provides supplemental information to public housing agencies (PHAs) and members of the public regarding HUD's method of calculating public housing operating subsidy in accordance with the Public Housing Operating Fund Program regulation at 24 CFR part 990. Subpart C of the final rule describes how formula expenses will be calculated under the new Operating Fund Formula. This notice explains the computation of the project expense level (PEL), which is one factor in the formula expenses component of the Operating Fund Formula.

The FAA adopts a new airworthiness directive (AD) to supersede AD 2004-08-13, which applies to certain BURKHARDT GROB LUFT-UND RAUMFAHRT GmbH & CO KG (Burkhardt Grob) Models G103 TWIN ASTIR, G103 TWIN II, G103 TWIN III ACRO, and G103 C Twin III SL sailplanes. AD 2004-08-13 currently requires you to replace the center of gravity (CG) release hook attachment brackets with brackets of improved design. This AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Germany. This AD retains all the actions required in AD 2004-08-13 and adds Model G103A TWIN II ACRO sailplanes to the applicability. We are issuing this AD to prevent abnormal or uncontrolled sailplane release due to cracked CG release hook attachment brackets. This condition could result in reduced or loss of sailplane control.

The EPA is approving State Implementation Plan (SIP) revisions submitted by the State of Alabama on February 23, 2005. The revision responds to the EPA's regulation entitled, ``Interstate Ozone Transport: Response to Court Decisions on the Nitrogen Oxides (NOX) SIP Call, NOX SIP Call Technical Amendments, and Section 126 Rules,'' otherwise known as the ``NOX SIP Call Phase II.'' This revision satisfies EPA's rule that requires Alabama to submit NOX SIP Call Phase II revisions needed to achieve the necessary incremental reductions of NOX. The intended effect of this SIP revision is to reduce emissions of NOX in order to help attain the National Ambient Air Quality Standard (NAAQS) for ozone. The revision also corrects a typographical error and deletes an expired provision pertaining to open burning in Morgan County, Alabama in 2003.

This regulation amends 40 CFR 180.469 by extending the expiration/revocation date of the time-limited tolerances for residues of acetamide, 2,2-dichloro-N,N-di-2-propenyl- (dichlormid) in or on field corn (forage, grain, stover), pop corn (grain, stover), and sweet corn (forage, kernel plus cob with husks removed, stover) at 0.05 ppm. The current tolerances are set to expire on December 31, 2005. This rule extends the expiration/revocation date of these time-limited tolerances to December 31, 2008.

This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide maneb. The Agency's risk assessments and other related documents also are available in the maneb Docket. Maneb is registered for use on a wide variety of food/feed crops, including fruit and nut crops, vegetable crops, field and forage crops, grapes, field crop seeds, and others; ornamental plants in nurseries and greenhouses; and sod farms. Maneb is a member of the ethylene bisdithiocarbamate (EBDC) group of fungicides, which also includes the related active ingredients mancozeb and metiram. Maneb and the two other fungicides share the common metabolite/degradate ethylene thiourea (ETU), which has been considered in the maneb RED. EPA has reviewed maneb through the public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. As a part of this process, the Agency announced the availability of the EBDCs preliminary risk assessments and supporting documents for a 90-day comment period and requested risk reduction options under docket ID number OPP-2004-0078. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.

Pursuant to the Federal Advisory Committee Act (Public Law 92- 463), the U.S. Environmental Protection Agency (EPA) gives notice of a public meeting of the Pesticide Program Dialogue Committee (PPDC) Performance Measures Work Group on January 18 to 19, 2006. An agenda for this meeting is being developed and will be posted on EPA's website (https://www.epa.gov/pesticides/ppdc). The work group is developing advice and recommendations concerning performance management measures for EPA's pesticide program.

This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide metiram. The Agency's risk assessments and other related documents also are available in the metiram Docket. Metiram is registered for use on apples, potatoes, and ornamental plants (leatherleaf ferns) in nurseries and greenhouses. Metiram is a member of the ethylene bisdithiocarbamate (EBDC) group of fungicides, which also includes the related active ingredients mancozeb and maneb. Metiram and the two other fungicides share the common metabolite/degradate ethylene thiourea (ETU), which has been considered in the metiram RED. EPA has reviewed metiram through the public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. As a part of this process, the Agency announced the availability of the EBDC's preliminary risk assessments and supporting documents for a 90-day comment period and requested risk reduction options under docket ID number OPP-2004-0078. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.

In this document, the Commission extends for an additional year the waiver of the emergency (911) call handling requirement for providers of Video Relay Service (VRS). The Commission extends the waiver for one year in view of continued technological challenges to determining the geographic location of telecommunications relay service (TRS) calls that originate via the Internet, and the VRS 911 NPRM addressing the issue.

This notice announces the modification of certain provisions of the Reregistration Eligibility Decision (RED) for the pesticide propargite. EPA conducted this reassessment of the propargite RED in response to public comments received. The commentors requested that the Agency make certain modifications in the restricted entry intervals, spray intervals, use rates, and spray buffers.

In this document the Commission amends the definition of an Enhanced Specialized Mobile Radio (ESMR) system; further delineates the relocation rights of 800 MHz incumbent licensees; narrows the Expansion Band in the Atlanta, Georgia region; reaffirms the Commission's authority to grant Nextel Communications, Inc. (Nextel) spectrum rights to ten megahertz of spectrum in the 1.9 GHz band; permits the Transition Administrator (TA) to follow a calendar year for reporting schedule purposes; permits Nextel to receive credit in the 800 MHz `true-up' process for the relocation of certain additional BAS incumbent licensees whose licenses were issued prior to November 12, 2004; and clarifies the definitions of ``unacceptable interference'' and ``Critical Infrastructure Industries'' (CII).

EPA is promulgating amendments to the national emission standards for hazardous air pollutants (NESHAP) for industrial, commercial, and institutional boilers and process heaters which EPA promulgated on September 13, 2004. After promulgation of the final rule for boilers and process heaters, the Administrator received petitions for reconsideration of certain provisions in the final rule. On July 27, 2005, EPA published a notice of reconsideration and requested public comment on certain aspects of the health-based compliance alternatives, as outlined in 40 CFR 63.7507 and appendix A to the final rule (40 CFR part 63, subpart DDDDD). After evaluating public comment on the notice of reconsideration, we are retaining the health-based compliance alternatives in the final rule in substantially the same form. However, we are making a limited number of amendments to 40 CFR 63.7507 and appendix A to the final rule to improve and clarify the process for demonstrating eligibility to comply with the health-based compliance alternatives contained in the final rule.

The U.S. Army Corps of Engineers (Corps) is considering an application for Section 404 and Section 10 permits to conduct dredge and fill activities to redevelop and consolidate two existing container terminals for the construction of a 342-acre marine terminal including redevelopment of 294 acres of existing land and the placement of dredged material in open water to create 48 acres of new land. The primary reason for the revised notice of intent is because the proposed terminal expansion project has been modified to utilize additional existing land to reduce the amount of fill in open water by approximately 20 acres. The primary Federal concern is the dredging and discharging of materials within waters of the Unites States and potential significant impacts to the human environment. Therefore, in accordance with the National Environmental Policy Act (NEPA), the Corps is requiring the preparation of an Environmental Impact Statement (EIS) prior to consideration of any permit action. The Corps may ultimately make a determination to permit or deny the above project, or permit or deny modified versions of the above project. Pursuant to the California Environmental Quality Act (CEQA), the Port of Long Beach will serve as Lead Agency for the preparation of an Environmental Impact Report (EIR) for its consideration of development approvals within its jurisdiction. The Corps and the Port of Long Beach have agreed to jointly prepare a Draft EIS/EIR in order to optimize efficiency and avoid duplication. The Draft EIS/EIR is intended to be sufficient in scope to address both the Federal and the State and local requirements and environmental issues concerning the proposed activities and permit approvals.