February 10, 2006 – Federal Register Recent Federal Regulation Documents
Results 1 - 14 of 14
Endangered and Threatened Species; Revision of Critical Habitat for the Northern Right Whale in the Pacific Ocean
On November 2, 2005, NMFS published a proposed rule to revise current critical habitat (CH) under the Endangered Species Act of 1973 (ESA) for the northern right whale (Eubalaena glacialis) by designating areas within the North Pacific Ocean. Two areas are proposed for designation: an area in the southeast Bering Sea and a second area in the Gulf of Alaska south of Kodiak Island. In response to a request, a public hearing on this proposed rule will be held on March 2, 2006, in Anchorage, AK.
Medicare Program; Provider Bad Debt Payment; Extension of Timeline for Publication of Final Rule
Section 1871(a)(3)(A) of the Social Security Act (the Act) requires us to publish a Medicare final rule no later than 3 years after the publication date of the proposed rule. This notice announces an extension of the timeline for publication of a Medicare final rule in accordance with section 1871(a)(3)(B) of the Act, which allows us to extend the timeline for publication of the ``Medicare Program; Provider Bad Debt Payment'' final rule under exceptional circumstances.
Approval and Promulgation of Implementation Plans; Kentucky Prevention of Significant Deterioration and Nonattainment New Source Review
EPA is proposing to approve revisions to the Kentucky State Implementation Plan (SIP) submitted by the Commonwealth of Kentucky on September 2, 2004. The proposed revisions modify Kentucky's Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR) regulations in the SIP to address changes to the federal NSR regulations, which were promulgated by EPA on December 31, 2002 (67 FR 80186) and reconsidered with minor changes on November 7, 2003 (68 FR 63021) (collectively, these two final actions are called the ``2002 NSR Reform Rules''). Together, the PSD and NNSR programs are commonly referred to as the ``NSR programs.'' EPA's 2002 NSR Reform Rules, proposed for inclusion in the Kentucky SIP, include provisions for baseline emissions calculations, an actual-to-projected-actual methodology for calculating emissions changes, options for plantwide applicability limits, recordkeeping and reporting requirements, and a significance threshold for ozone depleting substances.
Commercial Spectrum Enhancement Act and Modernization of the Commission's Competitive Bidding Rules and Procedures
In this Further Notice of Proposed Rule Making the Commission considers whether it should modify its general competitive bidding rules governing benefits reserved for designated entities (i.e., small businesses, rural telephone companies and businesses owned by women and minorities). The Commission has reached a tentative conclusion that it should modify its part 1 rules to restrict the award of designated entity benefits to an otherwise qualified designated entity where it has a material relationship with a large in-region incumbent wireless service provider,'' and the Commission seeks comment on how it should define the elements of such a restriction. The Commission also seeks comment on whether it should restrict the award of designated entity benefits where an otherwise qualified designated entity has a ``material relationship'' with a large entity that has a significant interest in communications services.
Safety Zone; Cuyahoga River, Cleveland, OH
The Coast Guard is establishing a temporary safety zone for installing the West Third Street Bridge on the Cuyahoga River. The safety zone is limited to the area surrounding the bridge span during the installment process. The safety zone is necessary to ensure the safety of those working on the bridge. All other portions of the Cuyahoga River are unaffected. If the installment process is completed ahead of schedule this safety zone will be canceled immediately and notices made to the public by means of Local Notice to Mariners Broadcasts.
Drawbridge Operation Regulations: Connecticut River, Old Lyme, CT
The Commander, First Coast Guard District, has issued a temporary deviation from the drawbridge operation regulations governing the operation of the AMTRAK Old Saybrook-Old Lyme Bridge, across the Connecticut River at mile 3.4, at Old Lyme, Connecticut. This deviation from the regulations allows the bridge to operate on a fixed schedule for bridge openings from February 4, 2006 through March 6, 2006, and also authorizes one 12-hour and two 72-hour bridge closures. This deviation is necessary in order to facilitate scheduled bridge maintenance.
Drawbridge Operation Regulations; Niantic River, Niantic, CT
The Commander, First Coast Guard District, has issued a temporary deviation from the drawbridge operation regulations governing the operation of the Amtrak Bridge at mile 0.0, across the Niantic River, at Niantic, Connecticut. This deviation allows the bridge owner to require an advance notice for bridge openings from February 3, 2006 through April 3, 2006. This deviation is necessary in order to facilitate emergency unscheduled bridge maintenance.
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock from the Aleutian Islands Subarea to the Bering Sea Subarea
NMFS is reallocating the projected unused amounts of Community Development Quota (CDQ) pollock from the Aleutian Islands subarea to the Bering Sea subarea. This action is necessary to allow the 2006 total allowable catch (TAC) of pollock in the Aleutian Islands subarea to be harvested in the Bering Sea subarea.
Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish Managed Under the Individual Fishing Quota Program
NMFS is opening directed fishing for sablefish with fixed gear managed under the Individual Fishing Quota (IFQ) Program. The season will open 1200 hrs, Alaska local time (A.l.t.), March 5, 2006, and will close 1200 hrs, A.l.t., November 15, 2006. This period is the same as the 2006 IFQ and Community Development Quota season for Pacific halibut adopted by the International Pacific Halibut Commission (IPHC). The IFQ halibut season is specified by a separate publication in the Federal Register of annual management measures.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Modification of the Yellowtail Flounder Landing Limit for Western and Eastern U.S./Canada Areas
NMFS announces that the Administrator, Northeast (NE) Region, NMFS (Regional Administrator), is implementing a yellowtail flounder trip limit of 1,500 lb (680.4 kg) per day, up to a maximum of 15,000 lb (6,804.1 kg) per trip, for NE multispecies Days-at-Sea (DAS) vessels fishing in both the Western and Eastern U.S./Canada Areas. This action is required by the regulations enacting Amendment 13 to the NE Multispecies Fishery Management Plan and is necessary to prevent the GB yellowtail flounder total allowable catch (TAC) from being caught before the end of the 2005 fishing year and to increase the likelihood that the GB yellowtail TAC will be available through the end of the 2005 fishing year on April 30, 2006. This action is being taken to slow the rate of harvest of GB yellowtail flounder under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act).
Revised Compliance Dates for National Pollutant Discharge Elimination System Permit Regulation and Effluent Limitation Guidelines for Concentrated Animal Feeding Operations
Today's rule extends certain compliance dates in the National Pollutant Discharge Elimination System (NPDES) permitting requirements and Effluent Limitations Guidelines and Standards (ELGs) for concentrated animal feeding operations (CAFOs) in conjunction with EPA's efforts to respond to the order issued by the Second Circuit Court of Appeals in Waterkeeper Alliance et al. v. EPA, 399 F.3d 486 (2nd Cir. 2005). The purpose of today's rule is to address timing issues associated with the Agency's response to the Waterkeeper decision. This final rule revises dates established in the 2003 CAFO rule, issued on February 12, 2003, by which facilities newly defined as CAFOs were required to seek permit coverage and by which all CAFOs were required to have nutrient management plans (NMPs) developed and implemented. EPA is extending the date by which operations defined as CAFOs as of April 14, 2003, who were not defined as CAFOs prior to that date, must seek NPDES permit coverage, from February 13, 2006, to July 31, 2007. EPA is also amending the date by which operations that become defined as CAFOs after April 14, 2003, due to operational changes that would not have made them a CAFO prior to April 14, 2003, and that are not new sources, must seek NPDES permit coverage, from April 13, 2006, to July 31, 2007. Finally, EPA is extending the deadline by which CAFOs are required to develop and implement NMPs, from December 31, 2006, to July 31, 2007. This rule revises all references to the date by which NMPs must be developed and implemented currently in the 2003 CAFO rule.
Airworthiness Directives; Polskie Zaklady Lotnicze Spolka zo.o. Model PZL M26 01 Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain Polskie Zaklady Lotnicze Spolka zo.o. Model PZL M26 01 airplanes. This AD requires you to repetitively inspect fuselage frame No. XI for cracks and to replace fuselage frame No. XI and install reinforcement modifications if any cracks are found. The installation of reinforcement modifications is terminating action for the repetitive inspection requirement. This AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for the European Union. We are issuing this AD to detect and correct cracks in fuselage frame No. XI, which could result in failure of this frame. This failure could lead to failure of the tail section of the airplane.
Revision of Fee Schedules; Fee Recovery for FY 2006
The Nuclear Regulatory Commission (NRC) is proposing to amend the licensing, inspection, and annual fees charged to its applicants and licensees. The proposed amendments are necessary to implement the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as amended, which requires that the NRC recover approximately 90 percent of its budget authority in fiscal year (FY) 2006, less the amounts appropriated from the Nuclear Waste Fund (NWF) and for Waste Incidental to Reprocessing (WIR) activities. The required fee recovery amount for the FY 2006 budget is approximately $624 million, which is increased by approximately $0.9 million to account for billing adjustments, resulting in a total of approximately $625 million that must be recovered through fees in FY 2006.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Four Vernal Pool Crustaceans and Eleven Vernal Pool Plants
We, the Fish and Wildlife Service (Service), designated approximately 858,846 acres (ac) (347,563 hectares (ha)) of critical habitat for 4 vernal pool crustaceans and 11 vernal pool plants in 34 counties in California and 1 county in southern Oregon in a final rule of August 11, 2005 (70 FR 46924). That rule designated critical habitat for the 15 vernal pool species collectively. Pursuant to that rule, we are now publishing species-specific unit descriptions and maps for the 15 species. This rule specifically identifies the critical habitat for each individual species identified in the August 11, 2005, final rule. Because many of the units for the different species overlap, the total critical habitat area we are designating is much less than the sum of the areas for each species. This rule is entirely an administrative action in that it places the species individually where they belong in 50 CFR part 17; it does not change the critical habitat designations for any of the species.
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