May 26, 2006 – Federal Register Recent Federal Regulation Documents
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Notice of Proposed Native Plant Material Policy, Forest Service Manual (FSM) 2070
The Forest Service is proposing to establish a new directive to Forest Service Manual (FSM) 2070 for native plant materials, which will provide direction for the use, growth, development, and storage of native plant materials. Public comment is invited and will be considered in development of the final directive. A copy of the proposed directive is available at https://www.fs.fed.us/rangelands/ whoweare/documents/FSM2070Final2062905.pdf.
Medicare Program; Approval of URAC for Deeming Authority for Medicare Advantage Health Maintenance Organizations and Local Preferred Provider Organizations
This final notice announces the approval of URAC for deeming authority as a national accreditation organization for health maintenance organizations and local preferred provider organizations participating in the Medicare Advantage program, for a term of 6 years upon publication of this notice in the Federal Register. This notice describes the processes and criteria used in evaluating the application. We did not receive any public comments during the public comment period, which ended on April 28, 2006.
Agency Forms Submitted for OMB Review
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.
Meeting of the Chief of Naval Operations (CNO) Executive Panel
The CNO Executive Panel will report on the findings and recommendations of the Global Governance Subcommittee to the Chief of Naval Operations. The meeting will consist of discussions of the U.S. Navy's emerging missions and relationships with non-military organizations.
Meeting of the Naval Research Advisory Committee
The Naval Research Advisory Committee will meet to discuss classified information from government organizations and proprietary information from commercial organizations. All sessions of the meetings will be devoted to briefings, discussions and technical examination of information related to Distributed Operations and Software-Intensive Systems. Discussions will focus on the assessment of the emergent concept of Marine Corps Distributed Operations and determine appropriate options for associated training, key upstream investments, technology monitoring, and go/no-go assessment points; and probable time frames for exploration and implementation. The sessions will also identify, review, and assess challenges with the utilization and field computer-based acquisition tools in the context of Software- Intensive Systems across multiple organizations.
Agency Information Collection Activities; Proposed Collection; Comment Request; Investigational Device Exemptions Reports and Records
The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on Investigational Device Exemptions Reports and Records.
Record of Decision for the Final Comprehensive Conservation Plan and Environmental Impact Statement for Driftless Area National Wildlife Refuge in Illinois, Iowa, and Wisconsin
The U.S. Fish and Wildlife Service announces the decision and availability of the Record of Decision (ROD) for the Final Comprehensive Conservation Plan (CCP) and Environmental Impact Statement (EIS) for Driftless Area National Wildlife Refuge (NWR) in accordance with 40 CFR 1506.6(b). A thorough analysis of the environmental, social, and economic considerations was completed and included in the Final CCP/EIS. The Final CCP/EIS was released to the public and a Notice of Availability was published in the Federal Register, 71 FR 5874, February 3, 2006. The ROD documents the selection of Alternative C, the Preferred Alternative in the Final CCP/EIS. The ROD was signed by the Regional Director, U.S. Fish and Wildlife Service, Midwest Region, on April 18, 2006.
Airworthiness Directives; Boeing Model 777-200, -300, and -300ER Series Airplanes
The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 777-200, -300, and -300ER series airplanes. This proposed AD would require replacement of the gimbal plates of the left and right outboard trailing edge flaps with improved gimbal plates and other specified actions. This proposed AD results from a broken pivot link found on the inboard support for the outboard trailing edge flap. We are proposing this AD to prevent disconnection of the drive arm from its drive gimbal, due to a broken pivot link on an outboard flap support, which could result in unexpected roll of the airplane and loss of control of the airplane.
Airworthiness Directives; Airbus Model A330 Airplanes and Model A340-200 and -300 Series Airplanes
The FAA is revising an earlier NPRM for an airworthiness directive (AD) that applies to certain Airbus Model A330 airplanes and Model A340-200 and -300 series airplanes. The original NPRM would have required repetitive detailed inspections for cracking in the aft web of support rib 6 between certain bottom skin stringers on both wings; high frequency eddy current inspections for cracking of the attachment holes of the fuel pipes, and repair if necessary. The original NPRM also would have provided for an optional modification, which would extend a certain inspection threshold. The original NPRM resulted from a report of significant cracking found in the aft web of support rib 6 on both wings. This action revises the original NPRM by mandating, for certain airplanes, a new modification of support rib 6 on both wings, which would end the repetitive inspection requirement. This action also reduces the applicability in the original NPRM. We are proposing this supplemental NPRM to prevent cracking in the aft web of support rib 6, which could result in overloading of adjacent ribs and the surrounding wing structure and consequent reduced structural integrity of the wing.
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ, -135ER, -135KE, -135KL, and -135LR Airplanes; and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP Airplanes
The FAA is revising an earlier NPRM for an airworthiness directive (AD) that applies to certain EMBRAER Model EMB-135 and -145 series airplanes. The original NPRM would have required determining the torque values of the screws that attach the seat tracks to the airplane, and corrective action if necessary. The original NPRM resulted from a report of undertorqued screws. This action revises the original NPRM by referring to revised service information and expanding the applicability. We are proposing this supplemental NPRM to prevent improper torque of those screws, which in the case of a hard landing or a high deceleration impact condition could result in damage to the seat and possible subsequent injury to the passenger.
Airworthiness Directives; Boeing Model 737-300, -400, -500, -600, -700, -700C, -800, and -900 Series Airplanes
The FAA is revising an earlier proposed airworthiness directive (AD) for certain Boeing Model 737-300, -400, -500, -600, - 700, -700C, -800, and -900 series airplanes. The original NPRM would have required modifying the wiring for the master dim and test system. For certain airplanes, the original NPRM also proposed to require related concurrent actions as necessary. The original NPRM resulted from a report that the master dim and test system circuit does not have wiring separation of the test ground signal for redundant equipment in the flight compartment. This action revises the original NPRM by adding a new concurrent action for certain airplanes, extending the compliance time, and removing certain airplanes from concurrent requirements. We are proposing this supplemental NPRM to prevent a single fault failure in flight from simulating a test condition and showing test patterns instead of the selected radio frequencies on the communications panels, which could inhibit communication between the flightcrew and the control tower, affecting the continued safe flight of the airplane.
Draft Comprehensive Conservation Plan and Environmental Assessment for Mingo, Pilot Knob, and Ozark Cavefish National Wildlife Refuges (NWRs), Wayne and Stoddard Counties, MO
The U.S. Fish and Wildlife Service announces that the Draft Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) is available for Mingo, Pilot Knob, and Ozark Cavefish NWRs, Missouri. The CCP was prepared pursuant to the National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997, and the National Environmental Policy Act of 1969. Goals and objectives in the CCP describe how the agency intends to manage the refuge over the next 15 years.
Draft Environmental Assessment/Habitat Conservation Plan; Issuance of a Section 10(a)(1)(B) Permit for Incidental Take of the Golden-Cheeked Warbler and Black-Capped Vireo by TXU Electric Delivery During the Construction and Operation of a 16-Mile 138 kV Transmission Line in Portions of Bell and Coryell Counties, TX
TXU Electric Delivery (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit (TE- 125388-0) pursuant to section 10(a)(1)(B) of the Endangered Species Act (Act) of 1973, as amended. The requested permit, which is for a period of five years, would authorize incidental take of the golden-cheeked warbler (Dendroica chyrosparia) and black-capped vireo (Vireo atricapilla). The proposed take would occur as a result of the construction and continued operation of a 16-mile (26-kilometer), 138 kV transmission line within Bell and Coryell counties, Texas. We invite the public to review and comment on the permit application and associated draft Environmental Assessment/Habitat Conservation Plan (EA/HCP).
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ and EMB-145XR Airplanes
This document revises an earlier supplemental notice of proposed rulemaking (NPRM), applicable to certain Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ and Model EMB-145XR airplanes. The first supplemental NPRM would have required, for all airplanes, installation of an additional indication device to the clear-ice indication system. For certain airplanes, the first supplemental NPRM would also have required replacing the existing clear-ice indication lamp with a new, improved lamp. For certain other airplanes, the first supplemental NPRM would also have required modifying certain electrical connections to add an indication device to the clear-ice indication system; removing a certain placard; and re- activating the clear-ice additional indicator lamp. This new action revises the first supplemental NPRM by adding airplanes to the applicability. The actions specified by this new proposed supplemental NPRM are intended to prevent undetected build-up of clear ice on the wing surfaces, which could lead to reduced controllability of the airplane. This action is intended to address the identified unsafe condition.
Airworthiness Directives; Boeing Model 737-300, -400, -500, -600, -700, -700C, -800, and -900, and 747-400 Series Airplanes; and Model 757, 767, and 777 Airplanes
This document revises an earlier proposed airworthiness directive (AD), applicable to certain Boeing Model 737-300, -400, -500, -600, -700, -700C, -800, and -900, and 747-400 series airplanes; and Model 757, 767, and 777 airplanes. The original NPRM would have required modifying the static inverter by relocating resistor R170 of the static inverter bridge assembly. This new action revises the original NPRM by adding a new requirement for modifying the static inverter by replacing resistor R170 with a new resistor and relocating the new resistor. The actions proposed by this supplemental NPRM are intended to prevent a standby static inverter from overheating, which could result in smoke in the flight deck and cabin and loss of the electrical standby power system. This action is intended to address the identified unsafe condition.
Agency Information Collection Activities: Proposed Collection; 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: NRC Form 398, ``Personal Qualification StatementLicensee.'' 2. Current OMB approval number: 3150-0090. 3. How often the collection is required: On occasion and every six years (at renewal). 4. Who is required or asked to report: Individuals requiring a license to operate the controls at a nuclear reactor. 5. The number of annual respondents: 1,350 (600 new, 50 re- applications, 600 renewals and 100 waivers). 6. The number of hours needed annually to complete the requirement or request: 3,250 (2.4 hours per response). 7. Abstract: NRC Form 398 requests detailed information that should be submitted by a licensing applicant and facility licensee when applying for a new or renewal license to operate the controls at a nuclear reactor facility. This information, once collected, would be used for licensing actions and for generating reports on the Operator Licensing Program. Submit, by July 25, 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-5 F52), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at 301-415-7233, or by Internet electronic mail to INFOCOLLECTS@NRC.GOV.
Wyoming: 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 from Hot Springs Resources Ltd. for competitive oil and gas lease WYW156167 for land in Natrona County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.
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 from Hot Springs Resources Ltd. for competitive oil and gas lease WYW148949 for land in Natrona County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.
Preparation for Sale
The Bureau of Land Management (BLM) amends its regulations on preparation for timber sales to allow third party scaling on density management sales with an upper limit on the quadratic mean diameter at breast height (DBH) of the trees to be harvested of 20 inches. Third party scaling will be limited to the situations described in the amended provision, that is, if a timber disaster has occurred and a critical resource loss is imminent, and tree cruising and BLM scaling are inadequate to permit orderly disposal of the damaged timber, or if BLM is carrying out density management timber sales subject to the size limits stated above. Thus, third party scaling will generally not be used for sales of higher-value and/or larger diameter timber. BLM is amending the regulations in order to improve the efficiency of density management timber sales where the timber to be harvested may be designated by prescription (a written prescription included in the timber sale contract). The regulations will no longer require that BLM perform all scaling except in the event that a timber disaster is threatening imminent critical resource loss and scaling by BLM would be inadequate to permit orderly disposal of the damaged timber. In the case of density management timber sales when the quadratic mean DBH of trees to be cut and removed is equal to or less than 20 inches, the regulations will only allow third party scaling by scalers or scaling bureaus under contract to BLM.
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 from Pennaco Energy Inc. for noncompetitive oil and gas lease WYW143159 for land in Campbell and Johnson Counties, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.
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 from Encana Energy Resources for noncompetitive oil and gas lease WYW133962 for land in Sweetwater County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.
Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West; Revision of the Salable Quantity and Allotment Percentage for Class 3 (Native) Spearmint Oil for the 2006-2007 Marketing Year
This rule revises the quantity of Class 3 (Native) spearmint oil that handlers may purchase from, or handle for, producers during the 2006-2007 marketing year. This rule increases the Native spearmint oil salable quantity from 1,007,886 pounds to 1,161,260 pounds, and the allotment percentage from 46 percent to 53 percent. The marketing order regulates the handling of spearmint oil produced in the Far West and is administered locally by the Spearmint Oil Administrative Committee (Committee). The Committee recommended this rule for the purpose of avoiding extreme fluctuations in supplies and prices and to help maintain stability in the Far West spearmint oil market.
Notice of Request for Extension and Revision of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces the Agricultural Marketing Service's (AMS) intention to request an extension for and revision to a currently approved information collection for pistachios grown in California, Marketing Order No. 983.
United States Standards for Grades of Tomatoes on the Vine
The Agricultural Marketing Service (AMS), of the Department of Agriculture (USDA) is soliciting comments on the proposed voluntary United States Standards for Grades of Tomatoes on the Vine. The proposed standards would provide industry with a common language and uniform basis for trading, thus promoting the orderly and efficient marketing of tomatoes on the vine (TOV).
United States Standards for Grades of Mushrooms
The Agricultural Marketing Service (AMS), prior to undertaking research and other work associated with revising official grade standards, is soliciting comments on the possible revisions of the United States Standards for Grades of Mushrooms. At a meeting with the Fruit and Vegetable Industry Advisory Committee, AMS was asked to review the Fresh Fruit and Vegetable grade standards for usefulness in serving the industry. As a result, AMS has identified the United States Standards for Grades of Mushrooms for possible revision. AMS is considering proposed revisions that would allow the standards to be used for open veil types of mushrooms, include small, medium, and large size classifications for open veil types of mushrooms; revise the current size classifications (small to medium and large) as well as an addition of a button and jumbo size for the closed veil types of mushrooms; and eliminate the unclassified category. AMS is seeking comments regarding these changes as well as any other revisions that may be necessary to better serve the industry.
Blueberry Promotion, Research, and Information Order; Continuance Referendum
This notice directs that a referendum be conducted among the eligible producers and importers of blueberries to determine whether they favor continuance of the Blueberry Promotion, Research, and Information Order (Order).
Emergency Conservation Program
This interim final rule amends the regulations for the Emergency Conservation Program (ECP) to implement provisions of the Department of Defense, Emergency Supplemental Appropriation to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Pub. L. 109-149) (2006 Act) providing assistance to nursery, oyster, and poultry producers and non-industrial private forest landowners to rehabilitate public or private oyster reefs or farmland damaged by hurricanes during calendar year 2005.
Revisions To Record Retention Requirements for Unbundled Sales Service, Persons Holding Blanket Marketing Certificates, and Public Utility Market-Based Rate Authorization Holders
The Federal Energy Regulatory Commission (Commission) is amending its regulations to extend from three to five years the record retention requirement applicable to transactions pursuant to blanket certificates for unbundled natural gas sales services held by interstate natural gas pipelines, blanket marketing certificates held by persons making sales for resale of natural gas at negotiated rates in interstate commerce, and market-based rate authorizations held by certain sellers of electricity and related products.
Termination of Desert Land Entry Classification, Idaho
This notice terminates a non-suitable Desert Land Entry classification on 3.09 acres, so the land can be patented under sections 203 and 209 of the Federal Land Policy and Management Act of 1976, as amended.
Proposed Agency Information Collection; Comment Request
Pursuant to the Paperwork Reduction Act of 1995, the U.S. International Trade Commission intends to seek approval from the Office of Management and Budget for a three-year extension of the currently approved DataWeb user registration form (OMB No.: 3117-0190) in connection with the ITC DataWeb. The user registration form is required to accurately analyze usage and data reports generated by user sectors and to save user product and country lists for user reference during future logins. Comments concerning the proposed information collection are requested in accordance with 5 CFR 1320.8(d).
Cuba: Revisions of Personal Baggage Rules
This final rule amends the Export Administration Regulations (EAR) to clarify that certain personal articles are exempt from the 44- pound weight limit on personal baggage authorized for export to Cuba under License Exception Baggage (BAG).
New Preparation for Periodicals Flats in Mixed Area Distribution Center Bundles and Sacks
To improve service for Periodicals mail, the Postal Service provided mailers the option to prepare origin mixed area distribution center (ADC) bundles and sacks beginning October 27, 2005. This final rule adopts our proposal to make the preparation of origin mixed ADC bundles and sacks required beginning July 6, 2006.
Notice of Invitation for Coal Exploration License Application, Colorado
Pursuant to the Mineral Leasing Act of February 25, 1920, as amended by section 4 of the Federal Coal Leasing Amendments Act of 1976, 90 Stat. 1083, 30 U.S.C. 201(b), and to Title 43, Code of Federal Regulations, subpart 3410, all interested qualified parties, as provided in 43 CFR 3472.1 are hereby invited to participate with Juniper Coal Company on a pro rata cost sharing basis in a program for the exploration of coal deposits owned by the United States of America containing the following described lands in Routt County, Colorado.
Notice of Intent To Prepare a Resource Management Plan Revision (RMPR) for the Taos Field Office, New Mexico, and Associated Environmental Impact Statement (EIS)
The Bureau of Land Management (BLM) Field Office, Taos, New Mexico, intends to prepare a Resource Management Plan Revision with an associated Environmental Impact Statement (EIS) for the Taos Field Office and by this notice is announcing public scoping meetings. The RMPR will revise the existing Taos Resource Management Plan.
Charter Renewal of the Trade Advisory Committee on Africa (TACA); Request for Nominations
On March 27, 2006, the United States Trade Representative (USTR) renewed the charter of the Trade Advisory Committee on Africa (TACA), for a four-year term to expire on March 27, 2010. The TACA advises the USTR on trade and development policy matters with respect to the countries of sub-Saharan Africa. There are currently opportunities for membership on this Committee.
Notice of Availability of Maysdorf Coal Lease Application Draft Environmental Impact Statement and Federal Coal Notice of Hearing, Wyoming
Under the National Environmental Policy Act (NEPA) and the implementing regulations, the Bureau of Land Management (BLM) announces the availability of the Maysdorf Coal DEIS and announces a public hearing pursuant to 43 Code of Federal Regulations (CFR) 3425.4.
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