April 13, 2006 – Federal Register Recent Federal Regulation Documents
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Draft 2006 Report to Congress on the Costs and Benefits of Federal Regulations
OMB requests comments on 2006 Draft Report to Congress on the Costs and Benefits of Federal Regulation. The full Draft Report is available at https://www.whitehouse.gov/omb/inforeg/regpol-reports congress.html, and is divided into three chapters. Chapter I presents estimates of the costs and benefits of Federal regulation and paperwork, with an emphasis on the major regulations issued between October 1, 2004 and September 30, 2005. Chapter II provides an update on OMB's ongoing historical examination of the trends in Federal regulatory activity. Chapter III discusses international developments in regulatory policy.
Proposed Modification of Control 1234L Offshore Airspace Area; AK
This action proposes to amend Control 1234L, Offshore Airspace Area in Alaska. Specifically, this action proposes to modify Control 1234L in the immediate vicinity of the Saint Paul Island Airport, AK, by lowering the airspace floor from 2,000 feet above ground level (AGL) to 700 AGL. Additionally, outside the vicinity of the airport this proposal lowers the airspace floor from 2,000 AGL to 1,200 feet AGL within a 73-mile radius of the St. Paul Island Airport. The FAA is proposing this action to provide additional controlled airspace for aircraft instrument operations (IFR) at the St. Paul Island Airport.
Security Zone; Potomac River, Washington Channel, Washington, DC
The Coast Guard proposes to establish a temporary security zone in certain waters of Washington Channel on the Potomac River off Fort Lesley J. McNair, Washington, DC during the May 25, 2006, U.S. Coast Guard Commandant's Change of Command ceremony. The security zone is necessary to provide for the security and safety of life and property of event participants, spectators and mariners on U.S. navigable waters during the event. Entry into this zone is prohibited unless authorized by the Captain of the Port, Baltimore, Maryland, or designated representative.
Drawbridge Operation Regulations; Chincoteague Channel, Chincoteague, VA
The Coast Guard proposes to change the regulations that govern the operation of the SR 175 Bridge, at mile 3.5, at Chincoteague, Virginia. The proposal would allow the bridge to open on demand from midnight to 6 a.m., and every hour and a half from 6 a.m. to midnight; except from 7 a.m. to 5 p.m., on the last consecutive Wednesday and Thursday in July, the draw need not be opened. The proposed change would reduce vehicular traffic congestion to increase public safety and to extend the structural and operational integrity of the movable span while still balancing the needs of marine and vehicular traffic.
Request for Information Concerning Labor Rights in Malaysia and Its Laws Governing Exploitative Child Labor
This notice is a request for comments from the public to assist the Secretary of Labor, the United States Trade Representative, and the Secretary of State in preparing reports regarding labor rights in Malaysia and describing the extent to which it has in effect laws governing exploitative child labor. The Trade Act of 2002 requires reports on these issues and others when the President intends to use trade promotion authority procedures in connection with legislation approving and implementing a trade agreement. The President assigned the functions of preparing reports regarding labor rights and the existence of laws governing exploitative child labor to the Secretary of Labor, in consultation with the Secretary of State and the United States Trade Representative. The Secretary of Labor further assigned these functions to the Secretary of State and the United States Trade Representative, to be carried out by the Secretary of Labor, the Secretary of State and the United States Trade Representative.
Notice of Intent To Fund the Foundation for Peace and Democracy (FUNPADEM)
The free trade agreement between the United States and the CAFTA-DR countries establishes a commitment to effectively enforce domestic labor laws. This project will assist CAFTA-DR countries to develop and implement measures to improve compliance with their national labor laws. The project will build on work currently being carried out by FUNPADEM under the existing cooperative agreement number E-9-K-3-0097 with the Department of Labor, which was awarded through a competitive process in 2003 (SGA 03-20, Vol. 68, No. 139 of the Federal Register on July 21, 2003). Utilizing FUNPADEM eliminates unnecessary costs, project duplication, and inconsistencies that would occur with a new implementer. The new funds will allow FUNPADEM to develop new activities and to extend activities currently under way at the national level to additional geographic regions within each country. The activities that FUNPADEM will extend and develop include: Develop and implement inspection and mediation case management systems; Improve inspection procedures and training for labor inspectors; Implement public awareness campaigns and training for workers and employers about labor laws and standards; Strengthen mediation centers and training for labor mediators; and Provide equipment such as computers and vehicles. In addition, a specific gender component will be developed and incorporated into the work described above. The component will focus on reducing discrimination against women and sexual harassment in the maquila sector through public awareness, training for workers and employers, and the development or strengthening of gender offices within the Ministries of Labor.
Western Pacific Fishery Management Council; Public Meetings
The Western Pacific Fishery Management Council (Council) will hold its Precious Corals Plan Team (PCPT) meeting, in Honolulu, HI.
Notice of Proposed Information Collection: Comment Request; Previous Participation Certification
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.
Importation of Cattle From Mexico
We are withdrawing a proposed rule that would have added San Luis, AZ, as a port through which cattle that have been infested with fever ticks or exposed to fever ticks or tick-borne diseases may be imported into the United States. The proposed rule would also have removed provisions that limit the admission of cattle that have been infested with fever ticks or exposed to fever ticks or tick-borne diseases to the State of Texas and that prohibit the movement of such cattle into areas of Texas quarantined because of fever ticks. We are taking this action after considering the comments we received following the publication of the proposed rule.
Broad Creek Watershed, Delaware
Pursuant to the Watershed Protection and Flood Prevention Act, Public Law 83-566, and the Natural Resources Conservation Service Guidelines (7 CFR 622), the Natural Resources Conservation Service gives notice of the deauthorization of Federal funding for the Broad Creek Watershed project, Kent and Sussex Counties, Delaware, effective on March 23, 2006.
Notice of National Grain Car Council Meeting
Notice is hereby given of a meeting of the National Grain Car Council (NGCC), pursuant to section 10(a)(2) of the Federal Advisory Committee Act, Public Law No. 92-463, as amended (5 U.S.C., App. 2).
Application to Export Electric Energy; Transalta Energy Marketing (U.S.) Inc.
Transalta Energy Marketing (U.S.) Inc. (TEMUS) has applied to renew its authority to transmit electric energy from the United States to Canada pursuant to section 202(e) of the Federal Power Act.
Released Rates of Motor Common Carriers of Household Goods
The Household Goods Carriers' Bureau Committee (Committee), on behalf of its member motor carriers, seeks authority to amend Released Rates Decision No. MC-999 by changing the index used for annual adjustments to the minimum per-pound valuation and to the charges for protecting the full value of shipments of household goods.
Application to Export Electric Energy; Intercom Energy, Inc.
Intercom Energy, Inc., (Intercom) has applied to renew its authority to transmit electric energy from the United States to Mexico pursuant to section 202(e) of the Federal Power Act.
Application to Export Electric Energy; First Commodities Ltd.
First Commodities Ltd. (FC) has applied for authority to transmit electric energy from the United States to Canada pursuant to section 202(e) of the Federal Power Act.
Large Newspaper Printing Presses and Components Thereof, Whether Assembled or Unassembled, From Japan: Reconsideration of Sunset Review
The Department of Commerce (``the Department'') is initiating a review to reconsider the five-year (``sunset'') review that resulted in revocation of the antidumping duty order on large newspaper printing presses and components thereof, whether assembled or unassembled, from Japan.
Agency Information Collection Activities: Submission for OMB Review; Comment Request
The NRC is preparing a submittal to OMB for review of continued approval of information collections under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35). Information pertaining to the requirement to be submitted: 1. The title of the information collection: 10 CFR part 110, Export and Import of Nuclear Equipment and Material. 2. Current OMB approval number: 3150-0036. 3. How often the collection is required: On occasion. 4. Who is required or asked to report: Any person in the U.S. who wishes to export: (a) Nuclear equipment and material subject to the requirements of a specific license, (b) radioactive waste subject to the requirements of a specific license, and (c) incidental radioactive material that is a contaminant of shipments of more than 100 kilograms of non-waste material using existing NRC general licenses. 5. The number of annual respondents: 62. 6. The number of hours needed annually to complete the requirement or request: 857 [478 reporting + 379 recordkeeping (0.66 hours per response)]. 7. Abstract: 10 CFR part 110 provides application, reporting, and recordkeeping requirements for export and imports of nuclear material and equipment subject to the requirements of a specific license or a general license and exports of incidental radioactive material. The information collected and maintained pursuant to 10 CFR part 110 enables the NRC to authorize only imports and exports which are not inimical to U.S. common defense and security and which meet applicable statutory, regulatory, and policy requirements. Submit, by June 12, 2006, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? A copy of the draft supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: https:// www.nrc.gov/public-involve/doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions about the information collection requirements may be directed to the NRC Clearance Officer, Brenda Jo. Shelton (T-5F53), U.S. Nuclear Regulatory Commission, Washington, DC, 20555-0001, or by telephone 301-415-7233, or by Internet electronic mail to INFOCOLLECT@NRC.GOV.
Countervailing Duty Investigation of Certain Softwood Lumber Products From Canada: Notice of NAFTA Panel Decision
On November 22, 2005, the Department of Commerce (``Department'') issued its Fifth Remand Determination In the Matter of Certain Softwood Lumber from Canada: Final Affirmative Countervailing Duty Determination, Secretariat File No. USA-CDA-2002-1904-03 NAFTA Binational Panel Review (``Fifth Remand Determination''). On March 17, 2006, a North American Free Trade Agreement (``NAFTA'') Panel upheld the Department's Fifth Remand Determination. See Decision of the Panel on Fifth Remand, In the Matter of Certain Softwood Lumber from Canada: Final Affirmative Countervailing Duty Determination, Secretariat File No. USA-CDA-2002-1904-03 NAFTA Binational Panel Review, March 17, 2006 (``Panel Decision on Fifth Remand''). Subsequently, the NAFTA Panel directed the NAFTA Secretariat to issue a Notice of Final Panel Action on March 28, 2006. Consistent with the decision of the United States Court of Appeals for the Federal Circuit (``Federal Circuit'') in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990)(``Timken''), the Department is notifying the public that the Panel Decision on Fifth Remand and the Notice of Final Panel Action issued by the NAFTA Secretariat are not ``in harmony'' with the Department's original results.
Proposed Rule; Revision of NRC Form 7, Application for NRC Export/Import License, Amendment, or Renewal
The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations that govern export and import of nuclear material and equipment concerning the use of NRC Form 7, ``Application for NRC Export/Import License, Amendment, or Renewal.'' Recently, the Commission revised NRC Form 7 to consolidate all license requests (i.e., applications for export, import, combined export/import, amendments and renewals) in one application form. Previously, NRC Form 7 was used only for applications for export of nuclear material and equipment. Import license applications, production or utilization facility export applications, and license amendment and renewal applications were filed by letter. As a result of the revision, these requests, previously made by letter, now would be made using NRC Form 7. The purpose of this proposed change is to amend the regulations that govern export and import of nuclear material and equipment to reflect that all license requests are to be made using NRC Form 7, as revised.
International Conference on Harmonisation; Guidance on S8 Immunotoxicity Studies for Human Pharmaceuticals; Availability
The Food and Drug Administration (FDA) is announcing the availability of a guidance entitled ``S8 Immunotoxicity Studies for Human Pharmaceuticals.'' The guidance was prepared under the auspices of the International Conference on Harmonisation of Technical Requirements for Registration of Pharmaceuticals for Human Use (ICH). The guidance provides recommendations on nonclinical testing approaches to identify compounds that have the potential to be immunotoxic and guidance on a weight-of-evidence decisionmaking approach for immunotoxicity testing. The guidance is intended to provide recommendations on nonclinical testing for immunotoxicity induced by human pharmaceuticals. The guidance applies to unintended immunosuppression and immunoenhancement, excluding allergenicity or drug-specific autoimmunity.
Stakeholder Meeting to Discuss the Possible Implementation of Two Review Performance Goals Referenced in the Medical Device User Fee and Modernization Act of 2002; Public Meeting
The Food and Drug Administration (FDA) is announcing the following public meeting: Stakeholder Meeting to Discuss the Possible Implementation of Two Review Performance Goals referenced in the Medical Device User Fee and Modernization Act of 2002 (MDUFMA). In a letter that accompanied the user fee legislation, the agency committed to a number of review performance goals. These goals include a commitment that 50 percent of the premarket approval applications received in fiscal year (FY) 2007 will have an FDA decision in 180 days and 80 percent of the premarket notifications will have an FDA decision in 90 days. The letter states that these goals are to be re-evaluated following the end of FY 2005 and FDA is to hold a public meeting to consult with its stakeholders and to determine whether the goals are appropriate for implementation in FY 2007.
NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors; Extension of Comment Period
EPA is announcing that the comment period to the proposed rule entitled National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors, published on March 23, 2006, is being extended until May 8, 2006. In the proposed rule, EPA is requesting comment on a revised new source particulate matter standard for cement kilns that burn hazardous waste. We are also requesting comment on corresponding changes to the new source particulate matter standards for incinerators and liquid fuel boilers that burn hazardous waste.
Notice of Cancellation of Customs Broker License Due to Death of the License Holder
Notice is hereby given that, pursuant to Title 19 of the Code of Federal Regulations Sec. 111.51(a), the following individual Customs broker licenses and any and all permits have been cancelled due to the death of the broker:
Notice of Cancellation of Customs Broker License
Pursuant to section 641 of the Tariff Act of 1930, as amended, (19 U.S.C. 1641) and the Customs Regulations (19 CFR 111.51), the following Customs broker licenses are canceled with prejudice.
Proposed Collection; Comment Request; Harbor Maintenance Fee
As part of its continuing effort to reduce paperwork and respondent burden, the Bureau of Customs and Border (CBP) invites the general public and other Federal agencies to comment on an information collection requirement concerning the Harbor Maintenance Fee. This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13; 44 U.S.C. 3505(c)(2)).
Proposed Collection; Comment Request Protest
As part of its continuing effort to reduce paperwork and respondent burden, the Bureau of Customs and Border Protection (CBP) invites the general public and other Federal agencies to comment on an information collection requirement concerning the Protest. This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13; 44 U.S.C. 3505(c)(2)).
Montana: Filing of Plat of Survey
The Bureau of Land Management (BLM) will file the plat of survey of the lands described below in the BLM Montana State Office, Billings, Montana, (30) days from the date of publication in the Federal Register.
Notice of Realty Action; Non-Competitive Land Use Authorization for Public Lands in Yuba County, CA
The Operating Engineers Local Union No. 3 Joint Apprenticeship Training Committee has submitted a written proposal to the Bureau of Land Management (BLM) to utilize portions of the following described lands in Yuba County, California for the purposes of constructing and operating a training facility for heavy equipment operators:
Airworthiness Directives; Airbus Model A319, A320, and A321 Airplanes
The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus Model A319, A320, and A321 airplanes. This proposed AD would require a detailed inspection for cracks and marks on the carbon blades of the ram air turbine (RAT), and replacement of the RAT with a new or serviceable RAT if necessary. This proposed AD results from a report of three chord-wise cracks on the aft side of one carbon blade of a certain RAT. We are proposing this AD to detect and correct cracks and/or marks on the RAT carbon blades, which could result in reduced structural integrity of the carbon blade, and consequent loss of the RAT as a source of hydraulic and electrical power in an emergency.
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-145XR Airplanes
The FAA proposes to adopt a new airworthiness directive (AD) for certain EMBRAER Model EMB-145XR airplanes. This proposed AD would require modification of the flap system interface wiring. This proposed AD results from a finding that the aural and visual warnings, which should be activated when the flaps are set to 22 degrees during takeoff, were not enabled during the manufacture of certain Model EMB- 145XR airplanes. We are proposing this AD to prevent overrunning the runway during takeoff.
Notice of Proposed Reinstatement of Terminated Oil and Gas Lease
Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement of oil and gas lease COC64229 from Elm Ridge Exploration Company, LLC for lands in Moffat County, Colorado. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.
Airworthiness Directives; McDonnell Douglas Model DC-9-31, DC-9-32, DC-9-32F, DC-9-33F, DC-9-34, and DC-9-34F Airplanes; and Model DC-9-40 and DC-9-50 Series Airplanes
The FAA proposes to adopt a new airworthiness directive (AD) for certain transport category airplanes, identified above. This proposed AD would require installing a bonding jumper from the boost pump volute to the fuel tank structure, and related investigative/ corrective actions. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent point-contact arcing or filament heating in the fuel tank, which, in the event of a short or ground fault inside the fuel tank, could result in a fuel tank explosion and consequent loss of the airplane.
Notice of Proposed Reinstatement of Terminated Oil and Gas Lease
Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement of oil and gas lease COC64228 from Elm Ridge Exploration Company, LLC for lands in Moffat County, Colorado. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-145XR Airplanes
The FAA proposes to adopt a new airworthiness directive (AD) for certain EMBRAER Model EMB-145XR airplanes. This proposed AD would require replacement of certain segments of the passenger seat tracks with new, improved seat tracks. This proposed AD results from instances where the shear plungers of the passenger seat legs were not adequately fastened. We are proposing this AD to prevent inadequate fastening of the seat leg shear plungers, which could result in failure of the passenger seat tracks during emergency landing conditions and consequent injury to passengers.
Airworthiness Directives; Boeing Model 737-100, -200, and -200C Series Airplanes
The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Boeing Model 737 series airplanes. The existing AD currently requires inspection of the elevator tab inboard hinge support structure to detect fatigue cracking and corrective action if necessary. That AD also provides an optional terminating action. This proposed AD would add airplanes to the applicability and would require new repetitive inspections. For airplanes having elevators with laminated rear spars, this proposed AD would require repetitive inspections for interlaminar corrosion, delamination, or disbonding in the rear spar, repetitive inspections for cracking in the spar web, and repair including related investigative/corrective actions if necessary. For airplanes having elevators with solid rear spars, this proposed AD would require repetitive inspections for cracking in the spar web and repair including related investigative/corrective actions if necessary. This proposed AD results from reports of cracks in the elevator rear spar web at the tab hinge bracket locations. We are proposing this AD to detect and correct cracking, corrosion, interlaminar corrosion, delamination, and disbonding in the elevator rear spar, which may reduce elevator stiffness and lead to in-flight vibration. In-flight vibration may lead to elevator and horizontal stabilizer damage and reduced controllability of the airplane.
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