2005 – Federal Register Recent Federal Regulation Documents

The Commander, First Coast Guard District, has issued a temporary deviation from the drawbridge operation regulations for the Metropolitan Avenue Bridge, mile 3.4, across English Kills at New York City, New York. Under this temporary deviation the bridge may remain in the closed position from November 14, 2005 through November 20, 2005. This temporary deviation is necessary to facilitate scheduled bridge maintenance.

The Department of the Treasury is announcing the fee schedule for Sell Direct. Sell Direct fees are charged to the Legacy Treasury Direct and the TreasuryDirect investor for the service of selling unmatured securities in the secondary market, pursuant to the Regulations Governing Book-Entry Treasury Bonds, Notes and Bills Held in Legacy Treasury Direct[reg] and the Regulations Governing Securities Held in TreasuryDirect[reg].

EPA is amending the national emission standards for hazardous air pollutants (NESHAP) for primary aluminum reduction plants. The amendments will revise the emission limit for polycyclic organic matter (POM) applicable to one potline subcategory. The amendments will revise the compliance provisions to clarify the dates by which all plants must meet the NESHAP requirements, and to specify the time allowed to demonstrate initial compliance for a new or reconstructed potline, anode bake furnace, or pitch storage tank as well as an existing potline or anode bake furnace that has been shutdown and subsequently restarted. We are making these amendments to reduce compliance uncertainties and improve understanding of the NESHAP requirements.

This document describes how EPA's Office of Pesticide Programs intends to implement its Endangered Species Protection Program (ESPP or the Program). The goal of the ESPP is to carry out responsibilities under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) in compliance with the Endangered Species Act (ESA), while at the same time not placing unnecessary burden on agriculture and other pesticide users. This document describes EPA's approach to implementing its responsibilities under section 7(a)(2) of ESA subsequent to a determination by EPA that geographically specific risk mitigation is necessary to protect federally listed threatened or endangered species or their critical habitat. For purposes of the ESPP, the term ``listed species'' or ``endangered species'' will encompass species listed as threatened or endangered, plus designated critical habitat of these species; the term ``county'' will include counties, parishes, and similar political boundaries of U.S. Territories. The implementation approach relies on pesticide labels, as appropriate, referring the pesticide user to geographically specific Endangered Species Protection Bulletins that will contain enforceable use limitations for the pesticide necessary to ensure the pesticide's use will not jeopardize the continued existence of a listed species.

EPA is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of Utah. On April 1, 2004, the Governor of Utah submitted an attainment demonstration and plan for the Provo metropolitan area (hereafter, Provo area) for the carbon monoxide (CO) National Ambient Air Quality Standard (NAAQS) to replace the demonstration and plan that were submitted by Governor Leavitt on July 11, 1994. The Governor's submittal also contained a request to redesignate the Provo area to attainment for the CO NAAQS and a maintenance plan which includes transportation conformity motor vehicle emission budgets (MVEB) for 2014 and 2015. The Governor also submitted revisions to: Utah's Rule R307-110-12, ``Section IX, Control Measures for Area and Point Sources, Part C, Carbon Monoxide,'' which incorporates the attainment demonstration, plan, and maintenance plan; Utah's Rule R307-110-31, ``Section X, Vehicle Inspection and Maintenance Program, Part A,'' which incorporates general requirements and applicability for motor vehicle emissions inspections; and Utah's Rule R307-110-34, ``Section X, Vehicle Inspection and Maintenance Program, Part D, Utah County,'' which incorporates a revised vehicle inspection and maintenance program for Utah County. The Governor's April 1, 2004 submittal also stated that the prior July 11, 1994 submittal of Utah's Rule R307-1-4.12, ``Emissions Standards for Residential Solid Fuel Burning Devices and Fireplaces'' to restrict woodburning in Utah County, remains part of her April 1, 2004 submittal and requested that Utah's Rule R307-301, ``Oxygenated Gasoline Program,'' be eliminated from the Federally- approved SIP. We note that on September 20, 1999, the Governor submitted Utah Rules R307-302-3 and -4, which together comprise a re- numbered and re-titled version of R307-1-4.12. The text of Rules R307- 302-3 and -4 is identical to the text of Rule R307-1-4.12 that the Governor submitted on July 11, 1994. EPA is proposing to approve the Provo area's attainment demonstration and plan, the request for redesignation to attainment for the Provo area, the maintenance plan, the transportation conformity MVEBs for 2014 and 2015, the revisions to Rule R307-110-12, the revisions to Rule R307-110-31, the revisions to Rule R307-110-34, Rules R307-302-3 and -4, and the request to remove Rule R307-301 from the Federally-approved SIP. EPA is also identifying the transportation conformity MVEB for the year 2000, which is derived from the attainment year emission inventory in the attainment plan. This action is being taken under section 110 of the Clean Air Act. In the ``Rules and Regulations'' section of this Federal Register, EPA is approving the State's SIP revisions as a direct final rule without prior proposal because the Agency views this as a noncontroversial SIP revision and anticipates no adverse comments. A detailed rationale for the approval is set forth in the preamble to the direct final rule. If EPA receives no adverse comments, EPA will not take further action on this proposed rule. If EPA receives adverse comments, EPA will withdraw the direct final rule and it will not take effect. EPA will address all public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment.

After this first round notice and public comment period, OGE plans to submit a modified OGE Form 201 to the Office of Management and Budget (OMB) for review and three-year approval under the Paperwork Reduction Act. The OGE Form 201 is used by persons for requesting access to executive branch public financial disclosure reports and other covered records. OGE is proposing three modifications to the form: Clarifying the prohibited uses statement; updating the Privacy Act Statement summary and the edition date. The modified form will replace the existing one.

The inventions listed below are owned by an agency of the U.S. Government and are available for licensing in the U.S. in accordance with 35 U.S.C. 207 to achieve expeditious commercialization of results of federally-funded research and development. Foreign patent applications are filed on selected inventions to extend market coverage for companies and may also be available for licensing.

Pursuant to section 10(a) of the Federal Advisory Committee Act as amended (5 U.S.C. Appendix 2), notice is hereby given that the Policy Committee of the 2005 White House Conference on Aging will vote on the Annotated Agenda for the WHCoA and may discuss other items related to finalizing the 2005 WHCoA during a conference call. The conference call will be open to the public to listen, with call-ins limited to the number of telephone lines available. Individuals who plan to call in and need special assistance, such as TTY, should inform the contact person listed below in advance of the conference call. This Notice is being published less than 15 days prior to the conference call due to scheduling problems.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Railroad Retirement Board (RRB) has submitted the following proposal(s) for the collection of information to the Office of Management and Budget for review and approval.

Section 137 of the Energy Policy Act of 2005 requires the Commission to conduct a rulemaking to examine the effectiveness of current energy efficiency labeling requirements for consumer products issued pursuant to the Energy Policy and Conservation Act. In response to that directive, the Commission is seeking comments on the effectiveness of the Appliance Labeling Rule and suggestions for improvements to the energy labeling program. The Commission is also requesting comments about the overall costs and benefits of the Rule and its overall regulatory and economic impact as a part of the Commission's systematic review of all its regulations and guides.

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.

Notice is hereby given of two (2) West Coast Region Public Dialogue meetings concerning the development of the national system of marine protected areas (MPAs) pursuant to Executive Order 13158 (May 26, 2000). The State of California Public Dialogue will be held December 12, 2005, 6:30-9 p.m. in San Francisco, California. The State of Washington Public Dialogue will be held December 13, 2005, 6:30-9 p.m. in Seattle, Washington. These are the fourth and fifth in a series of regional dialogues being held around the United States to solicit input from the public concerning their views on a national system of MPAs. Additional meetings will be announced and scheduled pending available resources. Refer to the web page listed below for background information concerning the development of the national system of MPAs. Meeting room capacity for each of these meetings is limited to 75 people, and as such interested participants are required to RSVP via the e-mail address (preferable), fax number, or phone number listed below, by no later than 5 p.m. p.s.t. on November 28, 2005. In the RSVP, please indicate which Public Dialogue meeting, either California or Seattle, you plan to attend. Attendance will be available to the first 75 people who responded for each meeting. Those who cannot attend due to space, schedule, or other limitations can find background materials at the web page listed below and may submit written comments to the e-mail, fax, or mailing address below. A written summary of the meeting and any other comments received will be posted on the web site within one month of its occurrence.

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.

The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.

The FAA is adopting a new airworthiness directive (AD) for General Electric Company (GE) CF6-80E1 series turbofan engines installed on Airbus Industrie A330 series airplanes. This AD requires a check of the holding torque of the thrust reverser actuation system (TRAS) locks, and if necessary a visual inspection of the TRAS lock flexible drive shafts, within 10 flight cycles after all aborted takeoffs in which the thrust reverser was deployed. This AD results from reports of operators finding several damaged TRAS lock flexible drive shafts during inspections and checks of the drive shafts. We are issuing this AD to prevent inadvertent in-flight deployment of the thrust reverser, which can result in loss of control of the airplane.

The FAA proposes to supersede an existing airworthiness directive (AD), AD 95-04-11, for Honeywell International Inc., (formerly AlliedSignal, Inc. and Textron Lycoming) ALF502L series and ALF502R series turbofan engines. That AD currently establishes stress rupture retirement life limits for certain third stage turbine discs used in conjunction with certain third stage turbine nozzles. This proposed AD would bring requirements forward and unchanged, from the previous AD for ALF502R series turbofan engines. Also, this proposed AD would establish new reduced stress rupture retirement life limits for certain part numbers (P/Ns) of third stage turbine disc and shaft assemblies installed in ALF502L series turbofan engines. This proposed AD would also require removing those same parts from service using a drawdown schedule. This proposed AD results from a report of failure of a third stage turbine disc and shaft assembly, leading to turbine blade release and separation of the exhaust nozzle. We are proposing this AD to prevent total loss of engine power, in-flight engine shutdown, release of turbine blades, separation of the exhaust nozzle, and possible damage to the airplane.

The Forest Service proposes to develop a network of defensible fuel profile zones (DFPZ's) and wildland urban interface zones (WUIs), conduct area thinning, reduce surface fuels, establish group selection harvest units, and restore remnant aspen stands on the Hat Creek Ranger District in the Lassen National Forest. Treatments within DFPZs would include 9,975 acres of forest and plantation thinning followed by underburning and/or mechanical fuels reduction. Approximately 2,060 acres would be underburned only. Treatments outside of DFPZs would include 3,660 acres of forest and plantation thinning followed by underburning and/or mechanical fuels reduction to develop three WUIs. A modified thinning prescription would be applied in some areas to maintain wildlife habitat and structural diversity. An additional 95 acres of brushfield treatments would also be completed outside of DFPZs. Group selection treatments would be implemented on 1,186 acres across the project area and 49 acres of aspen would be restored. Approximately 1.4 miles of new system roads and 0.7 miles of temporary non-system roads would be constructed. Approximately 3.9 miles of roads would be decommissioned. The project would be implemented through a combination of commercial timber sales, service contracts, and force account crews. These management activities were developed to implement and be consistent with the Lassen National Forest (LNF) Land and Resource Management Plan (LRMP, 1993), as amended by the Herger- Feinstein Quincy Library Group Forest Recovery Act FEIS, FSEIS, and ROD's (1999, 2003), and the Sierra Nevada Forest Plan Amendment FEIS (2001) and FSEIS/ROD (2004). Decision to be made: The decision to be made is whether to implement the proposed action as described above, to meet the purpose and need for action through some other combination of activities, or to take no action at this time. Scoping process: Comments concerning the scope of the analysis should be received in writing within 15 days of the date of publication of this Notice of Intent in the Federal Register. The project was initially listed in the Forest's February 2004 quarterly edition of the Schedule of Proposed Actions (SOPA). Scoping letters were sent in March 2004 to those who responded to the SOPA and other identified interested and affected individuals and government agencies. In the SOPA, the mode of environmental documentation was predicted as an environmental assessment. At this time, the environmental analysis will be documented in an environmental impact statement. Since only minor changes are being made to the proposed action that was previously scoped, the scoping period at this time is brief. Those who responded during the March 2004 scoping period will be contacted again. In addition, scoping letters previously received by the Forest Service from the first scoping period will continue to be used for this process. A public scoping meeting is not anticipated at this time. The scoping process will be used to identify issues regarding the proposed action. An issue is defined as a point of dispute, debate, or disagreement related to a specific proposed action based on its anticipated effects. Significant issues brought to our attention are used during an environmental analysis to develop alternatives to the proposed action. Some issues raised in scoping may be considered non-significant because they are: (1) Beyond the scope of the proposed action and its purpose and need; (2) already decided by law, regulation, or the Land and Resource Management Plan; (3) irrelevant to the decision to be made; or (4) conjectural and not supported by scientific or factual evidence. Alternatives: Alternatives proposed to date are the Proposed Action as describe above and the No Action. Identification of permits or licenses required: No permits or licenses have been identified to implement the proposed action. Lead, joint lead, and cooperating agencies: The USDA Forest Service is the lead agency for this proposal; there are no cooperating agencies. Estimated dates for filing: The expected filing date with the Environmental Protection Agency for the draft EIS March 6, 2006. The expected filing date for the final EIS is July 24, 2006. Person to which comments may be mailed: Comments may be submitted to: District Ranger, Hat Creek Ranger District, at P.O. Box 220, Fall River Mills, CA, 96028 or (530) 336-5758 (fax) during normal business hours. The Hat Creek Ranger District business hours are from 8 a.m. to 4:30 p.m. Monday through Friday. Electronic comments, in acceptable plain text (.txt), rich text (.rtf), or Word (.doc) formats, may be submitted to: comments-pacificsouthwest-lassen-hatcreek@fs.fed.us using Subject: North 49 Forest Health Recovery Project. Reviewer's obligation to comment: The comment period on the draft EIS will be 49 days from the date the Environmental Protection Agency publishes the notice of availability of the draft EIS in the Federal Register. The Forest Service believes, at this early stage, it is important to give reviewers notice of several court rulings related to public participation in the environmental review process. First, reviewers of draft statements must structure their participation in the environmental review of the proposal so that it is meaningful and alerts an agency to the reviewer's position and contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 553 (1978). Also environmental objections that could be raised at the draft environmental impact statement stage but that are not raised until after completion of the final environmental impact statement may be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d 1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, it is very important that those interested in this proposed action participate by the close of the 45 day comment period so that substantive comments and objections are made available to the Forest Service at a time when it can meaningfully consider them and respond to them in the final environmental impact statement. To assist the Forest Service in identifying and considering issues and concerns on the proposed action, comments on the draft environmental impact statement should be as specific as possible. It is also helpful if comments refer to specific pages or chapters of the draft statement. Comments may also address the adequacy of the draft environmental impact statement or the merits of the alternatives formulated and discussed in the statement. Reviewers may wish to refer to the Council on Environmental Quality Regulations for implementing the procedural provisions of the National Environmental Policy Act at 40 CFR 1503.3 in addressing these points.