July 2006 – Federal Register Recent Federal Regulation Documents

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.

Deciding Officers in the Southern Region will publish notice of decisions subject to administrative appeal under 36 CFR parts 215 and 217 in the legal notice section of the newspapers listed in the SUPPLEMENTARY INFORMATION section of this notice. As provided in 36 CFR part 215.5 and 36 CFR part 217.5(d), the public shall be advised through Federal Register notice, of the newspaper of record to be utilized for publishing legal notice of decisions. Newspaper publication of notice of decisions is in addition to direct notice of decisions to those who have requested it and to those who have participated in project planning. Responsible Officials in the Southern Region will also publish notice of proposed actions under 36 CFR part 215 in the newspapers that are listed in the SUPPLEMENTARY INFORMATION section of this notice. As provided in 36 CFR part 215.5, the public shall be advised, through Federal Register notice, of the newspaper of record to be utilized for publishing notices on proposed actions. Additionally, the Deciding Officers in the Southern Region will publish notice of the opportunity to object to a proposed authorized hazardous fuel reduction project under 36 CFR part 218.4 in the legal notice section of the newspapers listed in the SUPPLEMENTARY INFORMATION section of this notice.

The Food and Drug Administration (FDA) is amending the voluntary nutrition labeling regulations by updating the names and the nutrition labeling values for the 20 most frequently consumed raw fruits, vegetables, and fish in the United States and clarifying guidelines for the voluntary nutrition labeling of these foods. Availability of the updated nutrition labeling values in retail stores and on individually packaged raw fruits, vegetables, and fish will enable consumers to make better purchasing decisions to reflect their dietary needs.

The Energy Policy Act of 2005 (EPACT 2005) includes amendments to the Energy Policy and Conservation Act (EPCA) to provide for new Federal energy efficiency and water conservation test procedures, and related definitions, for certain consumer products and certain commercial and industrial equipment. The amendments direct the Department of Energy (DOE or the Department) to establish new test procedures for many of these products and certain equipment, in most cases based on applicable testing practices generally accepted by industry and other government agencies. Today, DOE proposes test procedures for eleven types of products for which EPACT 2005 identified specific test procedures. In addition, DOE proposes test procedures for three other products for which EPACT 2005 did not specify specific test procedures. Furthermore, the Department is proposing to adopt a new version of the current test procedure for small commercial package air- conditioning and heating equipment, which will not change the existing requirements. The Department is also proposing regulations for sampling during compliance testing, compliance certification, and enforcement to ensure compliance with EPACT's energy conservation standards. Today's proposed rule also includes compliance certification, and enforcement provisions that would also apply to commercial heating, ventilating, and air conditioning products, as well as commercial water heating products. The Department is also announcing a public meeting to discuss all of the above referenced proposals. Furthermore, the Department is announcing proposed technical corrections to the October 18, 2005 Final Rule, 70 FR 60407, which the Department has described in detail in today's proposed rule and will add to the rule language.

NMFS apportions amounts of the non-specified reserve of groundfish to the yellowfin sole initial total allowable catch (ITAC) in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the fishery to continue operating. It is intended to promote the goals and objectives of the fishery management plan for the BSAI.

NMFS announces the availability of the large coastal shark (LCS) final stock assessment report, prepared by the NMFS Southeast Fisheries Science Center (SEFSC). The report includes a copy of the recently completed review panel consensus summary, as well as copies of the Data and Assessment workshop reports. These reports summarize the relevant working documents; describe models and methods used to assess the status of the LCS complex, sandbar sharks, and Atlantic and Gulf of Mexico stocks of blacktip sharks; make general and research oriented recommendations; summarize stakeholder opinion for each of the stocks assessed; and make conclusions regarding the status of the stock.

The Department of Transportation has submitted the following emergency processing public information collection request to the Office of Management and Budget for review and clearance under the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). This notice announces that the Information Collection Requested abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and its expected burden. Comments should be directed to the Office of Regulatory Affairs, Office of Management and Budget, 725-17th Street, NW., Washington, DC 20503, Attention NHTSA Desk Officer.

The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is soliciting comments on the proposed voluntary United States Standards for Grades of Peppers (Other Than Sweet Peppers). This action is being taken at the request of the Fruit and Vegetable Industry Advisory Committee, which asked AMS to identify commodities that needed grade standards developed to facilitate commerce. The proposed standards would provide industry with a common language and uniform basis for trading, thus promoting the orderly and efficient marketing of peppers that are not sweet peppers.

This action will amend the Egg Research and Promotion Rules and Regulations by changing the State composition of the six geographic areas on the American Egg Board. The Board approved this change and requested that the Secretary amend the Rules and Regulations accordingly. This adjustment is based on changing geographic trends in egg production and would become effective beginning with the 2007-08 membership term.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule that removed the container regulations prescribed under the Washington sweet cherry marketing order. Specifically, this rule finalizes the removal of the requirement that dark-colored sweet cherries be handled in containers having a certain net weight. The marketing order regulates the handling of fresh sweet cherries grown in designated counties in the State of Washington, and is administered locally by the Washington Cherry Marketing Committee (Committee). By eliminating the container requirements, this regulatory relaxation provides handlers with the ability to meet the rapidly changing wholesale, retail, and consumer demand for innovative product packaging. This is expected to enhance industry marketing flexibility and efficiency.

The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is revising the United States Standards for Grades of Canned Sweet Potatoes. The change was requested to reflect newer varieties, new sorting techniques, and canning processes.

In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the extension of information collection 0596-0019 (Visitor Permit and Visitor Registration Card). This information will help the Forest Service ensure that visitors' use of National Forest System lands is in the public interest and compatible with the mission of the agency.

The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Amtrak Bridge, across the Thames River, mile 3.0, at New London, Connecticut. This deviation, in effect from July 14, 2006 through September 11, 2006, allows the bridge to remain in the closed position except during specific time periods when the bridge will remain open for the passage of vessel traffic. This deviation is necessary to facilitate unscheduled bridge repairs.

This notice presents the Record of Decision (ROD) regarding the Natural Resources Conservation Service (NRCS) implementation for a Water Management Project located in White County, Arkansas, that provides agricultural water for irrigation, and the enhancement of fish and wildlife habitat. NRCS prepared a Final Plan/Environmental Impact Statement (FPEIS) in cooperation with the Little Red River Regional Irrigation Water District. A Notice of Availability (NOA) of the Little Red River Irrigation Project FPEIS was published in the Federal Register on May 26, 2006, and all agencies and persons on the FPEIS distribution list were notified individually as well. Printed and CD- ROM versions of the FPEIS were made available and delivered to all those who requested. This Decision Notice summarizes the environmental, social, and economic impacts of the Little Red River Irrigation Project alternatives identified in the FPEIS that were considered in making this decision, and explains why NRCS selected the Preferred AlternativeConservation/Surface Source AlternativeCanals and Pipelines (Alternative 4) for providing supplemental irrigation water and better utilizing the existing water resources while improving the overall environmental quality of the project area.

Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the object to be included in the exhibition ``Enduring Myth: The Tragedy of Hippolytos & Phaidra,'' imported from abroad for temporary exhibition within the United States, is of cultural significance. The object is imported pursuant to a loan agreement with the foreign owner or custodian. I also determine that the exhibition or display of the object at The J. Paul Getty Museum, Malibu, California, from on or about August 24, 2006, until on or about December 4, 2006, and at possible additional venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register. For Further Information Contact: For further information, including a list of the exhibit objects, contact Richard Lahne, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202/ 453-8058). The address is U.S. Department of State, SA-44, 301 4th Street, SW., Room 700, Washington, DC 20547-0001.

The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus Model A310 airplanes. This proposed AD would require revising the Limitations section of the airplane flight manual by incorporating restrictions for high altitude operations. This proposed AD results from several incidents of pitch oscillations with high vertical loads that occurred during turbulence at high altitudes. We are proposing this AD to prevent pitch oscillations during turbulence, which could result in reduced controllability of the airplane.

We, the Fish and Wildlife Service (Service), announce the availability of an incidental take permit (ITP) and Habitat Conservation Plan (HCP). Cory Palmateer (Applicant) and America's First Home (Applicant) each request an ITP pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicants anticipate taking about 0.4 acre combined of Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) foraging and sheltering habitat incidental to lot preparation for the construction of two single-family homes and supporting infrastructure in Volusia County, Florida (Project). The destruction of 0.4 acre of foraging and sheltering habitat is expected to result in the take of two families of scrub- jays. The Applicants' Habitat Conservation Plans (HCPs) describe the mitigation and minimization measures proposed to address the effects of the Projects to the Florida scrub-jay.

We invite the public to comment on the following applications to conduct certain activities with endangered species.

The FAA withdraws a notice of proposed rulemaking (NPRM) that proposed a new airworthiness directive (AD) for certain Airbus Model A310-200 and -300 series airplanes. The proposed AD would have required repetitive inspections for cracks and corrosion of the areas behind the scuff plates below the passenger/crew doors and bulk cargo door, and repair of any cracked or corroded part. The proposed AD also would have required repetitive inspections for cracks of the holes of the corner doublers, the fail-safe ring, and the door frames of the passenger/crew door structures. Since the proposed AD was issued, we have determined that that the proposed inspections and terminating action are essentially identical to those of another existing AD. Accordingly, the proposed AD is withdrawn.

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a public meeting of the Clean Air Scientific Advisory Committee's (CASAC) Ozone Review Panel (CASAC Panel) to conduct a peer review of the Review of the National Ambient Air Quality Standards for Ozone: Policy Assessment of Scientific and Technical Information (second draft Ozone Staff Paper, July 2006) and three related draft technical support documents: Ozone Health Risk Assessment for Selected Urban Areas: Draft Report (second draft Ozone Health Risk Assessment, July 2006); Ozone Population Exposure Analysis for Selected Urban Areas: Draft Report (second draft Ozone Exposure Assessment, July 2006); and Draft Ozone Environmental Assessment: Exposure, Risk and Benefits Assessment (draft Ozone Environmental Assessment, July 2006).

In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement for recovery of past and projected future response costs concerning the American Lead Smelting and Refining site in Indianapolis, Indiana with the following settling party: Johnson Control, Inc. The settlement requires the settling party to pay $159,750 to the Hazardous Substance Superfund. The settlement includes a covenant not to sue the settling party pursuant to section 107(a) of ``CERCLA,'' 42 U.S.C. 9607(a). The settlement, however, does not provide the settling party with contribution protection. For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at Martindale Wright Public Library, 2435 North Sherman Ave., Indianapolis, Indiana and 77 West Jackson Boulevard, Chicago, Illinois 60625.

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request for a new Information Collection Request (ICR) to the Office of Management and Budget (OMB). Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.