August 7, 2006 – Federal Register Recent Federal Regulation Documents

The Office of the United States Trade Representative (``USTR'') is providing notice that on June 6, 2006, India requested consultations with the United States under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning certain issues relating to Customs Bond Directive 99-3510- 004, as amended by the Amendment to Bond Directive 99-3510-004 (July 9, 2004), and clarifications and amendments thereof. That request may be found at https://www.wto.org contained in a document designated as WT/ DS345/1. USTR invites written comments from the public concerning the issues raised in this dispute.

This gives notice of OPM decisions granting authority to make appointments under Schedules A, B, and C in the excepted service as required by 5 CFR 6.6 and 213.103.

Under current Federal Employees Health Benefits (FEHB) Program regulations, the Office of Personnel Management (OPM) may waive the eligibility requirements for health benefits coverage as an annuitant for an individual when, in its sole discretion, it determines that it would be against equity and good conscience not to allow a person to be enrolled in the FEHB Program as an annuitant. The regulations state that an individual's failure to satisfy eligibility requirements must be due to exceptional circumstances. They also list specific situations where a waiver will not be granted by OPM such as when an individual's retirement is based on a disability or an involuntary separation, or when an individual was misadvised by his/her employing office. This proposed regulation eliminates these specific situations from the regulation. This proposed regulation will provide OPM with more flexibility when granting waivers.

The U.S. National Commission on Libraries and Information Science is also holding a closed meeting to discuss consolidation and staffing issues. Closing this meeting is in accordance with the exemption provided under Title 45, CFR, Part 1703.202(a)(9).

The U.S. Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office is seeking nominations of nationally recognized experts for consideration of membership on two new Clean Air Scientific Advisory Committee (CASAC) Review Panels. One Review Panel will provide advice to EPA on primary (human health-based) air quality standards for oxides of nitrogen (NOX) and sulfur oxides (SOX), while the second will focus on secondary (welfare-based) standards.

This final rule changes the title of the U.S.A. Cultivated Blueberry Council to the ``U.S. Highbush Blueberry Council'' (Council). The purpose of this change is to avoid any confusion in the industry regarding the specific type of blueberry and industry segment represented by the Council. Additionally, this change makes the name of the Council consistent with industry nomenclature, and adds one member and alternate to the Council to represent the state of Washingtonthe sixth largest highbush blueberry producing state.

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 Summer Squash. 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 Summer Squash for possible revision. AMS is considering proposed revisions to the U.S. standards that would incorporate grades that describe the quality and size of summer squash currently being marketed. Additionally, definitions would be included for defects not currently in the standards, and the ``Unclassified'' category would be eliminated from the standards. AMS is seeking comments regarding these changes and any other revisions to the summer squash standards that may be necessary to better serve the industry.

Notice is hereby given that the following groups have been issued scientific research or enhancement permits to take shortnose sturgeon (Acipenser brevirostrum): Alden Research Laboratory, Inc. (Edward P. Taft, Responsible Party), 30 Shrewsbury Street, Holden, MA 01520 (Permit No. 1579); David J. Stier, Springfield Science Museum, 220 State Street, Springfield, MA 01103 (Permit No. 1555); and North Carolina Zoological Park (John D. Groves, Principal Investigator), 4401 Zoo Parkway, Asheboro, NC 27205 (Permit No. 1545).

Notice is hereby given that NMFS has issued Permit 1047 - Modification 1 to Marin Municipal Water District (MMWD) in Corte Madera, CA; Permit 1079 - Modification 2 to Campbell Timberland Management, LLC. (CTM) in Fort Bragg, CA; Permit 1162 - Modification 3 to Salmon Protection and Watershed Network (SPAWN) in Forest Knolls, CA; and Permit 1181 - Modification 1 to Mendocino Redwood Company, LLC. (MRC) in Fort Bragg, CA.

Notice is hereby given that NMFS has received seven scientific research permit application requests relating to Pacific salmonids. The proposed research is intended to increase knowledge of species listed under the Endangered Species Act (ESA) and to help guide management and conservation efforts.

The following paragraph has been added to the beginning of the Summary portion of the May 3, 2006, Federal Register Notice: The Risk Management Agency (RMA) did not receive any complete and valid application packages for the State of Massachusetts under the original Request for Application Notice published in the Federal Register on May 3, 2006, for the Crop Insurance Education in Targeted States Program (Targeted States Program). As a result, RMA is re-announcing its Funding OpportunityRequest for Applications under the Targeted States Program for the State of Massachusetts only. Applicants who previously submitted an application under the May 3, 2006, Targeted States Program for Massachusetts must submit new applications that meet all the requirements of the original Notice published in the Federal Register on May 3, 2006. All other portions and sections of the full text Notice remain unchanged.

Based upon feedback since the President of the United States announced the Global Nuclear Energy Partnership (GNEP) in February 2006, the U.S. Department of Energy (DOE) is seeking Expressions of Interest (EOI) from domestic and international industry in building an Advanced Burner Reactor (ABR). An ABR in the United States would establish a fast reactor capability to be used to transmute fuel and consume transuranic elements within the fuel, generate electricity, and support implementation of GNEP. DOE is also seeking to define the interest of industry to build upon their proven capabilities and participate in demonstrating spent nuclear fuel (SNF) recycling technologies that meet GNEP goals. This EOI will help inform DOE's GNEP Program as to those issues that industry and potential host sites consider important to the construction of sustainable, commercial-scale SNF recycling technologies that meet GNEP objectives. The information gained from this EOI will be used to create Requests for Proposals (RFP) for the proposed ABR.

This notice invites eligible States to submit a Standard Form 424, Application for Federal Assistance, and to enter into a Cooperative Agreement with the Agricultural Marketing Service (AMS) for the Allocation of Organic Certification Cost-Share Funds. The AMS has allocated $1.0 million for this organic certification cost-share program in Fiscal Year 2006. Funds will be available under this program to 15 designated States to assist organic crop and livestock producers certified by the Department of Agriculture (USDA) accredited certifying agents to the National Organic Program (NOP). Eligible States interested in obtaining cost-share funds for their organic producers will have to submit an Application for Federal Assistance, and will have to enter into a cooperative agreement with AMS for the allocation of such funds.

On May 18, 2006, CDC hosted a public meeting on the subject of infectious disease threats associated with exotic animal importation and trade. CDC announced the public meeting through a Federal Register notice on April 20, 2006 (Volume 71, Number 76, Page 20402-20403). The public meeting was held at 130 Clairemont Ave., Decatur, GA 30030, from 1 p.m. to 5 p.m. Background: Zoonoses are diseases that can be transmitted from animals to people. Wild exotic animals may carry a variety of known and emerging zoonotic pathogens. The American Veterinary Medical Association (AVMA), the Council of State and Territorial Epidemiologists (CSTE), and the National Association of State Public Health Veterinarians (NASPHV) have issued position statements calling for a coordinated federal approach to better control infectious disease risks associated with the exotic animal trade. To gather information on the topic, CDC organized this public meeting to share information concerning infectious disease risks associated with exotic animal importation and trade. Meeting Summary: Five panelists were present to answer potential questions generated by public comments; these panelists represented NASPHV, HHS/CDC, the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) Animal Care, HHS/ Food and Drug Administration (FDA), and the Department of the Interior (DOI) United States Fish and Wildlife Service (FWS). No questions or comments were posed to the panel during the public meeting. A representative from HHS/CDC's Division of Global Migration and Quarantine provided an overview of the scope of the current issues and problems surrounding exotic animal importation and the spread of disease. Reasons for concern include a high-volume trade with rapid turnover of animals and the absence of health screening for animals prior to or after shipment. The meeting was opened by inviting comments and discussion regarding the exotic pet trade and associated infectious disease risks. The meeting facilitator addressed the time limits for speakers to a maximum of 15 minutes and reminded attendees that the discussion would be a matter of public record. Two registered participants addressed the panel and meeting attendees. A representative of the Consortium for Conservation at Wildlife Trust, New York, read a statement describing the work of the Consortium on exotic animal importation with two primary research objectives: (1) to catalog the wildlife species that are legally imported to the United States each year and assess the risk of this trade introducing pathogens into the United States; and (2) to work with wildlife dealers to understand how the process of importation influences the risk of disease emergence. The Consortium hopes the findings of this scientific initiative will be used to make policy recommendations on disease screening for imported wild animals that will maintain the economic and other benefits of the trade while minimizing risks for introducing new diseases. A representative of PETCO Animal Supplies read a statement indicating that PETCO opposes a possible ban on the importation of exotic animals and fully supports legal importation when proper biosecurity measures are taken to ensure the public health. Details of PETCO's current activities for ensuring animal and owner health and safety were presented. The representative from PETCO also stated that PETCO feels the legal trade of exotic animals has a positive economic effect on captive breeding and export programs in other countries by supporting the local economy and curbing poaching of animals from their native habitats. After the registered participants read their prepared statements, 20 public comments that had been received prior to the meeting by e- mail and fax were read into the public record. Public comments submitted prior to the meeting included the following: Two requests from avian groups (representative of the Indonesian Parrot Project and a representative from the Avian Welfare Coalition) were submitted requesting that importation of all wild birds be banned except for legitimate scientific purposes. In addition, these statements suggested the risk of zoonoses from birds within the United States could be reduced through mandatory quarantine and laboratory testing of birds for interstate transport, enforcing bans on animal fighting, requiring a permit system for commercial sale of birds, and establishing strict biosecurity procedures for avian care facilities. A statement was submitted by a representative from the Captive Wild Animal Protection Coalition requesting a ban of all importation of exotic animals for private ownership, revising legislation to prevent commercial sale of wildlife, forming a single regulatory agency to oversee the exotic animal trade, introducing biosecurity measures to reduce disease risks from wild animals, prohibiting further breeding of wild or exotic animals by private individuals, prohibiting the trade or movement of wild/exotic animals already in private hands, and introducing a new licensing system to ensure that wild/exotic animals held by private individuals are registered. A statement from a private citizen was submitted opposing all exotic animal importation. A statement was submitted from a representative of the Conservator's Center, Inc. opposing actions to prevent organizations that are not members of the Association of Zoos and Aquariums (AZA) from participating in wild/exotic animal ownership. This statement indicated that private sector expertise was needed to facilitate protection of endangered species. This statement requested that any standards imposed on owners or importers be science-based and not influenced by politics or media attention. A statement was submitted from a representative of Big Cat Rescue requesting a prohibition on the trade of exotic cats due to public safety and disease concerns. A statement was submitted from a representative of the Idaho State Department of Agriculture supporting a comprehensive system to restrict importation of any exotic plants and animals, and to allow entry only after appropriate testing and quarantine. A statement was submitted from an owner of a pet monkey stating she believes all pet monkeys in private ownership were born in the United States, and that she does not believe there has been any transfer of disease from pet monkeys to owners in the past 20 years. A statement was submitted from a member of the Society for Small Nonintrusive Government stating that they support a complete ban on exotic animal importation and native wildlife export. This statement indicated an opposition to any federal regulation of exotic animal trade inside the U.S. borders, indicating it is a matter best regulated by individual states. A statement was submitted from a citizen indicating they felt that claims regarding infectious disease risks from exotic animals were over-exaggerated. Five statements were submitted from citizens suggesting that typical domestic pets carry a disease risk similar to that of exotic animals, and that living with pets is beneficial to humans. These statements indicated that exotic animals should be categorized in the same manner as domestic pets, and that proper husbandry and handwashing are common-sense approaches to reduce disease risks. Three statements were submitted from citizens indicating that ferrets are domestic species and should not be restricted. A statement was submitted from a citizen opposing removal of exotic animals from the commercial pet trade and indicating that better regulations, inspections, and oversight would be a more appropriate response. A statement was submitted from a citizen claiming that legislation of the exotic animal trade is best left to individual states, and opposing any more federal legislation on animal importation. In summary, a variety of positions and views were submitted to the public meeting. Of the 22 statements received for consideration, 7 indicated a measure of support for increased restrictions on the importation and sale of exotic species, while 15 expressed support for alternatives to regulatory or legal restrictions or opposition to possible restrictions.

The invention named in this notice is owned by agencies of the United States Government and is available for licensing in the United States (U.S.) in accordance with 35 U.S.C. 207, to achieve expeditious commercialization of results of federally funded research and development. This opportunity is available until 30 days after publication of this notice. Respondents may be provided a longer period of time to furnish additional information if CDC/NIOSH finds this necessary.

This notice publishes the Liquor Control Ordinance of the Tonkawa Tribe of Indians of Oklahoma (Tribe). The Ordinance regulates and controls the possession, sale and consumption of liquor within the tribal lands of the Tribe. The tribal lands are located within the geographic area that includes all land included within the definition of ``Indian country,'' as established and described by Federal law, and that is under the jurisdiction of the Tonkawa Tribe of Indians of Oklahoma, including all tribally-owned trust lands. This Ordinance allows for possession and sale of alcoholic beverages within its exterior boundaries. This Ordinance will increase the ability of the tribal government to control the community's liquor distribution and possession, and at the same time will provide an important source of revenue for the continued operation and strengthening of the tribal government and the delivery of tribal services.