January 24, 2006 – Federal Register Recent Federal Regulation Documents
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Notice of Solicitation for Sea Grant Review Panelists
This notice responds to the National Sea Grant College Program Act, at 33 U.S.C. 1128, which requires the Secretary of Commerce to solicit nominations at least once a year for membership on the Sea Grant Review Panel. This advisory committee provides advice on the implementation of the National Sea Grant College Program.
Office of Elementary and Secondary Education; Early Reading First Program; Correction; Notice Correcting the Deadline for Transmittal of Pre-Applications Date
We correct the Deadline for Transmittal of Pre-Applications in the notice published on January 18, 2006 (71 FR 2916).
Notice of Amended Final Results of Antidumping Duty Administrative Review: Certain Welded Carbon Steel Pipe and Tube from Turkey
On December 5, 2005, the Department of Commerce (``the Department'') issued the final results of its administrative review of the antidumping duty order on certain welded carbon steel pipe and tube (``welded pipe and tube'') from Turkey.\1\ The period of review is May 1, 2003, through April 30, 2004. Based on the correction of certain ministerial errors, we have changed the margins for the Borusan Group (``Borusan'') and for the Yucel Group, which includes Cayirova Boru Sanayi ve Ticaret A.S. and its affiliate, Yucel Boru Ithalat-Ihracat ve Pazarlama A.S. (collectively referred to as ``Cayirova'').
Notice of Final Results of Antidumping Duty Administrative Review: Carbon and Certain Alloy Steel Wire Rod from Canada
On July 20, 2005, the Department of Commerce (the Department) published the preliminary results of its second administrative review of the antidumping duty order on carbon and certain alloy steel wire rod from Canada. The review covers two producers of the subject merchandise, Ivaco Inc. and Ivaco Rolling Mills (IRM) (collectively, ``Ivaco'') and Ispat Sidbec, Inc. (Ispat) (now known as Mittal Canada Inc. (Mittal)\1\). The period of review (POR) is October 1, 2003, through September 30, 2004. Based on our analysis of comments received, these final results differ from the preliminary results. The final results are listed below in the Final Results of Review section.
Title: Statement of Policy on J-1 Flight Training Programs
The Department hereby announces its policy regarding flight training programs, which are governed by the Department's Exchange Visitor Program regulations appearing in 22 CFR part 62. Since 1949 the Department has designated private sector and governmental entities to conduct training programs for eligible foreign nationals. For the past twenty years, flight training activities have been authorized and currently, eight organizations facilitate the entry into the United States of some 350 foreign nationals yearly for the purpose of flight training. Flight training programs utilizing the J visa are regulated by the Department under the authority of the Mutual Educational and Cultural Exchange Act of 1961, as amended (Fulbright- Hays Act), 22 U.S.C. 2451 et seq.; the Immigration and Naturalization Act, 8 U.S.C. 1101(a)(15)(J); the Foreign Affairs Reform and Restructuring Act of 1998, Public Law 105-277; as well as other statutory enactments, Reorganization Plans and Executive Orders. Regulations dealing specifically with flight training programs appear at 22 CFR 62.22(n). Certain flight training programs also utilize the M visa, which is regulated and administered by the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS). Regulations governing the M visa appear at 8 CFR 214.2(m). The USA Patriot Act of 2001 (``The Uniting and Strengthening Act By Providing Appropriate Tools Required to Intercept and Obstruct Terrorism''), Public Law 107-56, mandated that the Department of State, the Department of Homeland Security, the Department of Education, and the Attorney General, all take cognizance of and undertake certain actions regarding flight training programs. The Department of State has determined that it does not have the expertise and resources to fully monitor flight training programs and insure their compliance with the national security concerns expressed in the Patriot Act. Consequently, as a matter of policy, the Department of State will henceforth not designate any new J visa flight training programs, nor will it permit currently-designated flight training programs to expand their programs, pending a determination as to which Federal agency ultimately will be tasked with the administering and monitoring of such programs. Redesignation of programs will continue as required by existing regulations.
Title: Statement of Policy on J-1 Agriculture Training Programs
The Department hereby announces its policy regarding agriculture training programs, which are governed by the Department's Exchange Visitor Program regulations appearing in 22 CFR part 62. Since 1949 the Department has permitted designated sponsors to conduct programs designed to train individuals in many industrial, professional, agricultural, and other occupational skills. Training programs utilizing the J visa are regulated by the Department under the authority of the Mutual Educational and Cultural Exchange Act of 1961, as amended (Fulbright-Hays Act), 22 U.S.C. 2451 et seq.; the Immigration and Naturalization Act, 8 U.S.C. 1101(a)(15)(J); the Foreign Affairs Reform and Restructuring Act of 1998, Public Law 105- 277; as well as other statutory enactments, Reorganization Plans and Executive Orders. Regulations dealing with training programs appear at 22 CFR 62.22. In 2005, the Government Accountability Office (GAO) examined the Department's management of the J visa Summer Work Travel and Trainee programs to ensure that only authorized activities are carried out under the programs and to identify potential risks of the programs and the data available to the Department to assess those risks. (``Stronger Action Needed to Improve Oversight and Assess Risks of the Summer Work Travel and Trainee Categories of the Exchange Visitor Program,'' GAO- 06-106, October 2005.) Among other things, the GAO Report found that there was a potential that the trainee programs could be misused as employment programs and that trainees could be exploited by employers or other third parties. Agricultural training programs were found to be particularly problematic because of the potential for fraud. Abuses of the training regulations were not hidden; there were cases where there was not even an attempt to represent jobs as training, and which certain employers referred to their program participants as employees, rather than trainees. In one case cited, four trainees were placed with dairy farms that had an agreement with the program sponsor. Only one of the trainees had a firm grasp of English, and only one of the four farms participating in the program had a structured training plan. There were questions as to whether such programs were merely utilizing trainees for cheap labor and whether the trainees were simply receiving enough training to perform their work. (GAO Report, pp. 17, 21). The Department has taken steps to address these concerns. Among other things, the Department has consulted with the Department of Labor and the Department of Agriculture in order to develop ways to better monitor agricultural training programs and to determine whether such agriculture training programs are subject to, and if so, whether they are in compliance with, existing statutes such as the Fair Labor Standards Act, as amended, 29 U.S.C. 201, et seq., and the Migrant and Seasonal Agricultural Workers Protection Act, Public Law 97-470, 29 U.S.C. 1801 et seq. Pending the Department's resolution of these outstanding issues, the Department of State will not designate any new J visa agricultural training programs, nor will it permit currently-designated training programs offering agricultural training to expand the agricultural training component of their programs. Redesignation of programs will continue as required by existing regulations.
Notice of Proposed Information Collection for Public Comment Screening and Eviction for Drug Abuse and Other Criminal Activity
The proposed information collection requirement described below will be 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.
Amended Record of Decision: Savannah River Site Salt Processing Alternatives
The Department of Energy (DOE), pursuant to 10 CFR 1021.315, is amending its Record of Decision: Savannah River Site Salt Processing Alternatives issued on October 17, 2001 (66 FR 52752). At that time the Department decided to implement the Caustic Side Solvent Extraction (CSSX) technology, one of the alternative technologies evaluated in DOE/EIS-0082-S2 (Savannah River Site Salt Processing Alternatives Final Supplemental Environmental Impact Statement (SPA SEIS), June 2001) for separation of the high-activity fraction from the low-activity fraction of Savannah River Site (SRS) salt wastes. DOE has initiated design of the Salt Waste Processing Facility (SWPF), which will house the CSSX technology. Now, using technologies described in the SPA SEIS, DOE has decided to change the processing and disposition pathway for a fraction of the low activity salt waste currently stored in the F- and H-Area tank farms. This action is called Interim Salt Processing. When the SWPF becomes operational, the remaining (and by far the majority) salt waste will be processed through the SWPF using the CSSX technology as described in the SPA SEIS; this action is called High Capacity Salt Processing. DOE will proceed with this interim approach because doing so will enable DOE to continue uninterrupted use of the Defense Waste Processing Facility (DWPF) to vitrify higher activity sludge waste for disposal at a geologic repository for spent nuclear fuel and high-level waste. It will also allow DOE to use SWPF at higher capacity as soon as it comes on line. This will allow DOE to complete cleanup and closure of the tanks years earlier than would otherwise be the case. That, in turn, will reduce the time during which the tanksincluding some that do not have full secondary containment and have a known history of leak sitescontinue to store liquid radioactive waste. Finally, Interim Salt Processing will make more tank space available for routine operations, thereby reducing the number of transfers among tanks and increasing the safety of operations. Therefore, Interim Salt Processing will accelerate the reduction of potential risk to the environment, the public, and workers. DOE has prepared a Supplement Analysis (SA), Salt Processing Alternatives at the Savannah River Site (DOE/EIS-0082-S2-SA-01), in accordance with DOE National Environmental Policy Act (NEPA) regulations (10 CFR 1021.314) to determine whether implementation of Interim Salt Processing is a substantial change to the selected CSSX processing of salt waste or whether there are significant new circumstances or information relevant to environmental concerns such that a supplement to the SPA SEIS or a new EIS would be needed. Based on the SA, DOE has determined that a supplement to the SPA SEIS or a new EIS is not needed.
Notice of Proposed Information Collection for Public Comment-Lease Requirements, Recordkeeping
The proposed information collection requirement described below will be 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.
Proposed Information Collection Under the Paperwork Reduction Act; Comment Request
In compliance with the Paperwork Reduction Act of 1995, the Bureau of Indian Affairs (BIA) invites comments on two information collection requests which will be renewed. The two collections are: Class III Gaming Procedures, 1076-0149, and Tribal Revenue Allocation Plans, 1076-0150.
Section 3116 Determination for Salt Waste Disposal at the Savannah River Site
The Department of Energy (DOE) announces the availability of a section 3116 determination for the disposal of separated, solidified, low-activity salt waste at the Savannah River Site (SRS) near Aiken, South Carolina. Section 3116 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 authorizes the Secretary of Energy, in consultation with the Nuclear Regulatory Commission, to determine that certain waste from reprocessing is not high-level waste (HLW) if it meets the statutory criteria set forth in Section 3116. The Section 3116 determination sets forth the basis on which the Secretary has determined that the salt waste is not high-level waste because it (1) does not require permanent isolation in a deep geologic repository, (2) has had highly radioactive radionuclides removed to the maximum extent practical, and (3) meets the NRC performance objectives for the disposal of low level waste. In a separate notice published in today's Federal Register, DOE is also making available the amended Record of Decision for Savannah River Site Salt Processing Alternatives Final Supplemental Environmental Impact Statement, originally issued on October 17, 2001 (66 FR 52752).
Clean Water Act Section 303(d): Final Agency Action on 44 Total Maximum Daily Loads (TMDLs)
This notice announces the final agency action on 44 TMDLs prepared by EPA Region 6 for waters listed in the state of Arkansas, under section 303(d) of the Clean Water Act (CWA). These TMDLs were completed in response to the lawsuit styled Sierra Club, et al. v. Clifford, et al., No. LR-C-99-114. Documents from the administrative record files for the final 44 TMDLs, including TMDL calculations and responses to comments, may be viewed at https://www.epa.gov/earth1r6/ 6wq/artmdl.htm.
Submission for OMB Review; Comment Request
The IC Clearance Official, 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.
Submission for OMB Review; Comment Request
The IC Clearance Official, 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.
Office of the Science Advisor; Office of Research and Development; Broad Agency Announcement for Conferences, Workshops, or Meetings
The U.S. Environmental Protection Agency (EPA) is issuing this Broad Agency Announcement (BAA) soliciting applications from eligible applicants for the planning, arranging, administering, and conducting of conferences, workshops, and/or meetings in the areas of EPA mission related issues connected to protecting, human health and safeguarding the natural environment; advancing the scientific and technical research that promotes environmental protection; exploring current and emerging issues of importance to environmental protection; and/or encouraging collaboration among the nation's best scientists and engineers in academia, business and nonprofit research institutes.
Generalized System of Preferences (GSP): Notice of Closure of Case 017-CP-05, Protection of Intellectual Property in Pakistan, in the 2005 Annual Country Practice Review
This notice announces closure of the review for case 017-CP- 05, Protection of Intellectual Property in Pakistan.
Privacy Act of 1974: Establishment of a New System of Records: Visitor Badge and Employee Day Pass System (SEC-52)
In accordance with the requirements of the Privacy Act of 1974, as amended, 5 U.S.C. 552a, the Securities and Exchange Commission gives notice of a proposed Privacy Act system of records: ``Visitor Badge and Employee Day Pass System (SEC-52).'' This system of records will contain, among other things, records of Commission visitors, employee day pass information and records related to the status of trackable (special handling) mail.
Proposed Agency Information Collection Activities; Comment Request
Background. On June 15, 1984, the Office of Management and Budget (OMB) delegated to the Board of Governors of the Federal Reserve System (Board) its approval authority under the Paperwork Reduction Act, as per 5 CFR 1320.16, to approve of and assign OMB control numbers to collection of information requests and requirements conducted or sponsored by the Board under conditions set forth in 5 CFR 1320 Appendix A.1. Board-approved collections of information are incorporated into the official OMB inventory of currently approved collections of information. Copies of the OMB 83-Is and supporting statements and approved collection of information instruments are placed into OMB's public docket files. The Federal Reserve may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised, or implemented on or after October 1, 1995, unless it displays a currently valid OMB control number.
Privacy Act of 1974, as Amended; System of Records Notices
The National Archives and Records Administration (NARA) is proposing to revise an existing system of records, NARA 1Researcher Application Files. The system is being revised to add as a routine use the invitation for researchers to participate in voluntary customer satisfaction surveys. NARA is also revising its inventory of system managers, Appendix B, to reflect organizational changes and to update addresses.
Proposed Programmatic Statewide Red-cockaded Woodpecker Safe Harbor Agreement, Florida
The Florida Fish and Wildlife Conservation Commission (FFWC or Applicant) has applied to the Fish and Wildlife Service (Service) for an enhancement of survival permit (ESP) pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.). The ESP application includes a proposed Safe Harbor Agreement (Agreement) for the endangered red-cockaded woodpecker, (Picoides borealis) (RCW), for a period of 99 years. If approved, the Agreement would allow the Applicant to issue Certificates of Inclusion (CI) throughout the State of Florida to eligible non-Federal landowners that complete an approved Safe Harbor Management Agreement (SHMA). We announce the opening of a 30-day comment period and request comments from the public on the Applicant's ESP application; the accompanying proposed Agreement, and the supporting Environmental Action Statement (EAS) Screening Form. All comments received, including names and addresses, will become part of the official administrative record and may be made available to the public, subject to the requirements of the Privacy Act and Freedom of Information Act. For further information and instructions on reviewing and commenting on this application, see the ADDRESSES section, below.
San Luis Unit Long-Term Contract Renewal
The Bureau of Reclamation (Reclamation) is extending the comment period for the DEIS to April 3, 2006. The notice of availability of the DEIS was published in the Federal Register on September 30, 2005 (70 FR 57324). The public comment period was originally to end on November 21, 2005. A notice to extend the comment period to January 17, 2006 was published in the Federal Register on December 6, 2005 (70 FR 72652).
Airworthiness Directives; Fokker Model F27 Mark 100, 200, 300, 400, 500, 600, and 700 Airplanes
The FAA proposes to adopt a new airworthiness directive (AD) for all Fokker Model F27 Mark 100, 200, 300, 400, 500, 600, and 700 airplanes. This proposed AD would require revising the Limitations section of the airplane flight manual regarding the use of continuous ignition, fuel filter heating, and resetting circuit breakers during flight in certain conditions such as icing. This proposed AD results from reports of power loss on one or both engines in icing conditions. We are proposing this AD to advise the flightcrew that continuous ignition will not reduce the probability of power loss, and what action they must take to avoid this hazard. Loss of power in one or more engines during flight, if not prevented, could result in loss of control of the airplane.
Notice of Intent To Perform an Environmental Assessment for Increased Depleted Uranium Use at Nevada Test and Training Range, Nevada
The United States Air Force is issuing this Notice of Intent (NOI) to announce that it is conducting an environmental assessment for the proposed action for increasing the annual number of depleted uranium (DU) rounds fired by A-10 aircraft using the 30-millimeter GAU- 8 Gatling gun at the Nevada Test and Training Range (NTTR), Range 63, Target 63-10. This NOI describes the Air Force's proposed scoping process and identifies the Air Force's point of contact. Target 63-10 is the Air Force's only air-to-ground target for testing and training with DU rounds. The proposed assessment will be prepared in compliance with the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321-4347), the Council on Environmental Quality NEPA regulations (40 CFR parts 1500-1508), and Air Force's Environmental Impact Analysis Process (EIAP) (Air Force Instruction 32-7061 as promulgated at 32 CFR part 989) to determine the potential environmental effects of increasing DU rounds at the NTTR. As part of the proposal, the Air Force will analyze three alternatives: A, B, and C. Alternative A (proposed action) would increase the annual use of 30-mm DU rounds in a combat mix (CM) from an existing 9,500 to 22,800 annually. CM contains armor-piercing incendiary (API) DU rounds mixed with high explosive incendiary (HEI) rounds in a 5 to 1 ratio. Alternative A would increase the annual use of DU rounds from 7,900 to 19,000 (and HEI rounds from 1,600 to 3,800) to provide the 422 Test and Evaluation Squadron (TES) and the 66 Weapons Squadron (WPS) graduates with sufficient DU rounds to accomplish essential testing and training requirements. Alternative B would enhance testing by increasing the use of CM to a total of 31,680 rounds (26,400 DU and 5,280 HEI) at Target 63-10. This alternative would meet test and training requirements and also allow additional testing by Tactics Development & Evaluation (TD&E) and Tactics Improvement Proposals (TIP). Alternative C (no-action) would reflect no change in current operations associated with Target 63-10 whereby 9,500 CM rounds (7,900 DU and 1,600 HEI) are deployed for test and training. This number (9,500) does not provide enough rounds for effective TES testing and WPS training.
Summer Food Service Program for Children Program Reimbursement for 2006
This notice informs the public of the annual adjustments to the reimbursement rates for meals served in the Summer Food Service Program for Children (SFSP). These adjustments reflect changes in the Consumer Price Index and are required by the statute governing the Program. In addition, further adjustments are made to these rates to reflect the higher costs of providing meals in the States of Alaska and Hawaii, as authorized by the William F. Goodling Child Nutrition Reauthorization Act of 1998.
Notice of Hearing: Reconsideration of Disapproval of Ohio State Plan Amendments 05-07 and 05-020
This notice announces an administrative hearing to be held on February 28, 2006, in Suite 500, 233 N. Michigan Avenue, Minnesota Conference Room, Chicago, IL 60202, to reconsider CMS' decision to disapprove Ohio State plan amendments 05-07 and 05-020. Closing Date: Requests to participate in the hearing as a party must be received by the presiding officer by February 8, 2006.
United States Standards for Grades of Globe Artichokes
The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is revising the United States Standards for Grades of Globe Artichokes. Specifically, AMS is revising the standards to add a U.S. No. 1 Long Stem grade along with an undersize tolerance of 5 percent in the standards. The new grade will have the same requirements as the U.S. No. 1 except that the stems must be smoothly cut to a minimum length of at least 8 inches, unless specified to a longer length in connection with the grade. AMS is further defining ``fairly compact'' by including a definition for ``slightly spread'' to mean, ``the outer scales may be slightly open, but the inner scales at the tip of the artichoke must be closely folded into the bud.'' The revisions would bring the standards for globe artichokes in line with current marketing practices, thereby improving their usefulness in serving the industry.
United States Standards for Grades of Pea Pods
The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is soliciting comments on the proposed voluntary United States Standards for Grades of Pea Pods. This action is being taken at the request of the Fruit and Vegetable Industry Advisory Committee, which asked AMS to identify commodities that may be better served if grade standards are developed. The proposed standards would provide industry with a common language and uniform basis for trading, thus promoting the orderly and efficient marketing of pea pods.
United States Standards for Grades of Table Grapes (European or Vinifera Type)
The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA), is soliciting comments on a proposal to revise the United States Standards for Grades of Table Grapes (European or Vinifera Type). AMS has received petitions from the California Grape and Tree Fruit League and Western Growers Association, requesting that the current standards be modified by adding a 10 percent allowance for shattered berries in consumer containers for en route or at destination.
United States Standards for Grades of Fresh Asparagus
The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is revising the voluntary United States Standards for Grades of Fresh Asparagus. Specifically, AMS is revising the standards to allow purple and white asparagus to be graded using the standards. This change will bring the standards for asparagus in line with current marketing practices, thereby, improving the usefulness of the standards in serving the industry.
United States Standards for Grades of Strawberries
The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is revising the United States Standards for Grades of Strawberries. AMS received a request from an industry group to modify the standards to allow that percentages be determined by count and not volume. The change will make tolerance determination more objective and more uniform.
United States Standards for Grades of Mixed Commodities
The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is soliciting comments on the proposed voluntary United States Standards for Grades of Mixed Commodities. This action is being taken at the request of the Fruit and Vegetable Industry Advisory Committee, which asked AMS to identify products that may be better served if grade standards are developed. The proposed standards would provide industry with a common language and uniform basis for trading, thus promoting orderly and efficient marketing of fresh produce shipments containing different commodities packaged in the same container.
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