2006 – Federal Register Recent Federal Regulation Documents
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Approval and Promulgation of State Implementation Plans; Utah; Revised Definitions of Volatile Organic Compounds and Clearing Index; Proposed Rule
EPA is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of Utah on November 11 and November 23, 2005. The revisions are to the Utah Administrative Code (UAC) rule R307-101-2 and (1) incorporate by reference the Federal definition of ``Volatile Organic Compounds'' (VOC), and (2) update the definition of ``Clearing Index''. The intended effect of this action is to make federally enforceable those provisions that EPA is approving. This action is being taken under section 110 of the Clean Air Act. In the ``Rules and Regulations'' section of this Federal Register, EPA is approving the State's SIP revisions as a direct final rule without prior proposal because the Agency views this as noncontroversial SIP revisions and anticipates no adverse comments. A detailed rationale for the approval is set forth in the preamble to the direct final rule. If EPA receives no adverse comments, EPA will not take further action on this proposed rule. If EPA receives adverse comments, EPA will withdraw the direct final rule and it will not take effect. EPA will address all public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment.
Approval and Promulgation of State Implementation Plans; Utah; Revised Definitions of Volatile Organic Compounds and Clearing Index; Direct Final Rule
EPA is taking direct final action approving State Implementation Plan (SIP) revisions submitted by the State of Utah on November 11 and November 23, 2005. The revisions are to the Utah Administrative Code (UAC) rule R307-101-2 and (1) incorporate by reference the federal definition of ``Volatile Organic Compounds'' (VOC), and (2) update the definition of ``Clearing Index''. The intended effect of this action is to make federally enforceable these revised definitions to the Utah SIP. This action is being taken under section 110 of the Clean Air Act.
Regulation of Fuels and Fuel Additives: Renewable Fuel Standard Program
Under the Clean Air Act, as amended by Section 1501 of the Energy Policy Act of 2005, the Environmental Protection Agency is required to promulgate regulations implementing a renewable fuel program. The statute specifies the total volume of renewable fuel that needs to be used in each year, with the total volume increasing over time. In this context, it is expected to simultaneously reduce dependence on foreign sources of petroleum, increase domestic sources of energy, and help us make progress in moving beyond a petroleum-based economy. The increased use of renewable fuels such as ethanol and biodiesel is also expected to have the added benefit of providing an expanded market for agricultural products such as corn and soybeans, expanding economic benefits for our nation's agricultural sector. Based on our analysis, there is also reason to believe that the expanded use of renewable fuels will provide reductions in carbon dioxide emissions and some air toxics emissions, such as benzene, from the transportation sector, while other emissions may increase. This action proposes regulations designed to ensure that refiners, blenders, and importers of gasoline will use enough renewable fuel each year so that this total volume requirement is met. Our proposal describes the standard that will apply to these parties and the renewable fuels that qualify for compliance. The regulations would also establish a trading program that would be a critical aspect of the overall program, allowing renewable fuels to be used where they are most economical while providing a flexible means for obligated parties to comply with the standard.
Medicare Program; Rural Health Clinics: Amendments to Participation Requirements and Payment Provisions; and Establishment of a Quality Assessment and Performance Improvement Program; Suspension of Effectiveness
This interim final rule with comment period revises the rural health clinic (RHC) regulations to revert to those provisions set forth in regulations before publication of the December 24, 2003 RHC final rule. That final rule implemented certain provisions of the Balanced Budget Act (BBA) of 1997 to establish a process and criteria for disqualifying from the RHC program clinics that no longer meet basic location requirements (rural and medically underserved), and to require RHCs to establish quality assessment and performance improvement programs. That rule also prohibited ``commingling'' (the use of the space, professional staff, equipment, and other resources) of an RHC with another entity. [In addition, it addressed comments on the February 28, 2000 proposed rule. Since the publication of the RHC final rule exceeded the 3-year timeline for finalizing proposed rules set by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, we are suspending the effectiveness of the current provisions by removing the RHC provisions set forth in the December 2003 final rule and reverting to those RHC provisions previously in effect.] We intend to reissue new proposed and final RHC rules to reinstate the current provisions. However, these revisions do not impact the effectiveness of the self-implementing provisions of the BBA or any provisions we had previously implemented or enforced through program memoranda.
Medicare and Medicaid Programs; Fire Safety Requirements for Certain Health Care Facilities; Amendment
This final rule adopts the substance of the April 15, 2004 tentative interim amendment (TIA) 00-1 (101), Alcohol Based Hand Rub Solutions, an amendment to the 2000 edition of the Life Safety Code, published by the National Fire Protection Association (NFPA). This amendment allows certain health care facilities to place alcohol-based hand rub dispensers in egress corridors under specified conditions. This final rule also requires that nursing facilities at least install battery-operated single station smoke alarms in resident rooms and common areas if they are not fully sprinklered or they do not have system-based smoke detectors in those areas. Finally, this final rule confirms as final the provisions of the March 25, 2005 interim final rule with changes and responds to public comments on that rule.
Medicare Program; Meeting of the Advisory Panel on Medicare Education, October 17, 2006
In accordance with the Federal Advisory Committee Act, 5 U.S.C. Appendix 2, section 10(a) (Pub. L. 92-463), this notice announces a meeting of the Advisory Panel on Medicare Education (the Panel) on October 17, 2006. The Panel advises and makes recommendations to the Secretary of Health and Human Services (the Secretary) and the Administrator of the Centers for Medicare & Medicaid Services on opportunities to enhance the effectiveness of consumer education strategies concerning the Medicare program. This meeting is open to the public.
Office of Grants and Training, Office of Community Preparedness; Agency Information Collection Activities: Submission for OMB Review; Comment Request
Department of Homeland Security (DHS), has submitted the following information collection to the Office of Management and Budget (OMB) for review and clearance in accordance with the requirements of the Paperwork Reduction Act of 1995. The submission describes the nature of the information collection, the categories of respondents, the estimated burden (i.e., the time, effort and resources used by respondents to respond) and cost, and includes the actual data collection instruments DHS will use. Title: Community Preparedness and Participation Survey. OMB Number: 1670-NEW. Abstract: This information collection will enable Citizens Corps to operate effective and efficiently to regularize and coordinate activities between Citizens Corps and those groups active in Citizen Corps mission areas. Affected Public: Individuals and households. Number of Respondents: 13,200 per year. Estimated Time per Respondent: .334 hour. Estimated Total Annual Burden Hours: 4,408.80. Frequency of Response: Once per year. Comments: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Nathan Lesser, Desk Officer, Department of Homeland Security/and sent via electronic mail to oirasubmission@omb.eop.gov or faxed to (202) 395- 6974. Comments must be submitted on or before October 23, 2006.
Office of Grants and Training, Citizens Corps; Agency Information Collection Activities: Submission for OMB Review; Comment Request
Department of Homeland Security (DHS), has submitted the following information collection to the Office of Management and Budget (OMB) for review and clearance in accordance with the requirements of the Paperwork Reduction Act of 1995. The submission describes the nature of the information collection, the categories of respondents, the estimated burden (i.e., the time, effort and resources used by respondents to respond) and cost, and includes the actual data collection instruments DHS will use. Title: Citizens Corps Council & CERT Program Registration. OMB Number: 1660-0079. Abstract: This information collection will enable Citizens Corps to operate effectively and efficiently to regularize and coordinate activities between Citizens Corps and those groups active in education, training and coordinating volunteers in crime prevention, disaster preparedness, mitigation, public health and safety issues. Affected Public: State and local Citizens Corps Councils and CERT Programs. Number of Respondents: 500 per year. Estimated Time per Respondent: 1 hour. Estimated Total Annual Burden Hours: 500. Frequency of Response: On occasion. Comments: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management Budget, Attention: Nathan Lesser, Desk Officer, Department of Homeland Security/ and sent via electronic mail to oirasubmission@omb.eop.gov or faxed to (202) 395- 6974. Comments must be submitted on or before October 23, 2006.
Office of Grants and Training, Citizens Corps; Agency Information Collection Activities: Submission for OMB Review; Comment Request
Department of Homeland Security (DHS), has submitted the following information collection to the Office of Management and Budget (OMB) for review and clearance in accordance with the requirements of the Paperwork Reduction Act of 1995. The submission describes the nature of the information collection, the categories of respondents, the estimated burden (i.e., the time, effort and resources used by respondents to respond) and cost, and includes the actual data collection instruments DHS will use. Title: Citizens Corps Individual Registration. OMB Number: 1660-0078. Abstract: This information collection will enable Citizens Corps to operate effective and efficiently to regularize and coordinate activities between Citizens Corps and those groups active in education, training and coordinating volunteers in crime prevention, disaster preparedness, mitigation, public health and safety issues. Affected Public: Individual citizens. Number of Respondents: 20,000 per year. Estimated Time per Respondent: 5 minutes. Estimated Total Annual Burden Hours: 1,666.66. Frequency of Response: On occasion. Comments: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management Budget, Attention: Nathan Lesser, Desk Officer, Department of Homeland Security/and sent via electronic mail to oirasubmission@omb.eop.gov or faxed to (202) 395- 6974. Comments must be submitted on or before October 23, 2006.
United States Standards for Grades of Table Grapes (European or Vinifera Type)
The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA), is proposing a revision to the voluntary United States Standards for Grades of Table Grapes (European or Vinifera Type). Two industry associations requested the standards be modified by adding a 10 percent allowance for shattered grapes in consumer containers for shipment that are en route or at destination. The standards provide industry with a common language and a uniform basis for trading, thus promoting the orderly and efficient marketing of European or Vinifera Type table grapes.
Dried Prunes Produced in California; Decreased Assessment Rate
This rule would decrease the assessment rate established for the Prune Marketing Committee (committee) under Marketing Order No. 993 for the 2006-07 and subsequent crop years from $0.65 to $0.40 per ton of salable dried prunes. The committee locally administers the marketing order which regulates the handling of dried prunes grown in California. Assessments upon dried prune handlers are used by the committee to fund reasonable and necessary expenses of the program. The crop year began August 1 and ends July 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Sweet Cherries Grown in Designated Counties in Washington; Decreased Assessment Rate
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule which decreased the assessment rate established for the Washington Cherry Marketing Committee (Committee) for the 2006-2007 and subsequent fiscal periods from $0.75 to $0.50 per ton for Washington sweet cherries handled. The Committee locally administers the marketing order regulating the handling of sweet cherries grown in designated counties in Washington. Assessments upon sweet cherry handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins April 1 and ends March 31. The assessment rate will remain in effect indefinitely unless modified, suspended or terminated.
Notice of Availability of Lake Havasu Field Office Proposed Resource Management Plan and Final Environmental Impact Statement
In compliance with the Bureau of Land Management's (BLM) planning regulations, Title 43 Code of Federal Regulations (CFR) 1610.2(f)(3) and the National Environmental Policy Act (NEPA) Regulations, Title 40 CFR 1502.9(a), the BLM hereby gives notice that the LHFO PRMP/FEIS is available for public review and comment. The planning area encompasses more than 1.3 million acres of BLM- administered lands.
Changes in Hourly Fee Rates for Science and Technology Laboratory Services-Fiscal Years 2007-2009
The Agricultural Marketing Service (AMS) is proposing to change the hourly fee rates for Science and Technology (S&T) Laboratory Services. The agency is proposing to raise these rates to reflect, among other factors, national and locality pay increases for Federal employees and inflation, operating costs, instrumentation and training, and program and agency administrative overhead costs. In the past, AMS has amended its regulations on an as needed basis in order to recover laboratory program costs. With this proposed regulation, AMS is providing for three annual standard hourly fee rate increases for fiscal years 2007-2009. This would provide the agricultural commodity industries and other stakeholders with more timely and relevant information regarding voluntary user fees for laboratory testing services. The agency is also proposing to remove tables and schedules with listings of individual tests and services. Three annual hourly fee rate adjustments are proposed for appeals, holiday, and overtime services to reflect the anticipated increase in cost of providing these laboratory services each fiscal year. The regulations also are updated to identify current facility addresses. Part 92 is obsolete and therefore has been removed.
Potatoes; Grade Standards
This proposed rule would revise the United States Standards for Grades of Potatoes. These standards are issued under the Agricultural Marketing Act of 1946. The use of these grading standards is voluntary unless potatoes are under a marketing order that provides for certain requirements set forth in the grade standards or the potatoes are subject to import requirements under the Agricultural Marketing Agreement Act of 1937. The changes being proposed are the results of the detailed work performed by the Joint U.S./Canadian Potato Council that was charged with harmonizing the U.S. and Canadian Potato Grade Standards. The purpose for this revision is to update and revise the standards to more accurately represent today's marketing practices.
Safety of Private Highway-Rail Grade Crossings; Notice of Safety Inquiry
On July 27, 2006, FRA published a notice announcing its intent to conduct a series of open meetings throughout the United States, in cooperation with appropriate State agencies, to consider issues related to the safety of private highway-rail grade crossings. This notice indicated that the first of these meetings would be held August 30, 2006, in Fort Snelling, Minnesota. Notice No. 2 announces that FRA has scheduled subsequent meetings to be held September 27, 2006, in Raleigh, North Carolina; October 26, 2006, in San Francisco, California; and December 6, 2006, in New Orleans, Louisiana. At each open meeting, FRA intends to solicit oral statements from private crossing owners, railroads and other interested parties on issues related to the safety of private highway-rail grade crossings, which will include, but will not be limited to, current practices concerning the responsibility for safety at private grade crossings, the adequacy of warning devices at private crossings, and the relative merits of a more uniform approach to improving safety at private crossings. FRA has also opened a public docket on these issues so that interested parties may submit written comments for public review and consideration.
Federal Property Suitable as Facilities To Assist the Homeless
This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless.
Globally Harmonized System of Classification and Labelling of Chemicals (GHS); Notice of Public Meeting
The goals of this meeting are to discuss and clarify the scope and potential application of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) to pesticide products that are registered under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA); to examine key issues raised in public comments on the Office of Pesticide Programs' (OPP's) GHS White Paper; to gain a better understanding of stakeholder concerns and explore ways to address them; and to assess potential paths forward to maximize benefits and minimize the costs. This notice announces the location and times for the meeting and sets forth the tentative agenda topics.
Protection of Stratospheric Ozone: Listing of Substitutes in the Motor Vehicle Air Conditioning Sector Under the Significant New Alternatives Policy (SNAP) Program
Under mandate from the Clean Air Act to review and approve alternatives to ozone-depleting substances, the Environmental Protection Agency (EPA) proposes to expand and amend the list of acceptable substitutes for ozone-depleting substances (ODS) through the Significant New Alternatives Policy (SNAP) program. Substitutes addressed in this proposal are for the motor vehicle air conditioning (MVAC) end-use within the refrigeration and air-conditioning sector. The proposed substitutes are non ozone-depleting gases and consequently do not contribute to stratospheric ozone depletion.
Suspension of Community Eligibility
This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If FEMA receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date.
Notice of Proposed Information Collection: Comment Request, Continuum of Care Homeless Assistance Grant Application
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.
Conference Call Meeting of the Manufactured Housing Consensus Committee
This notice sets forth the schedule and proposed agenda of the upcoming meeting of the Manufactured Housing Consensus Committee (the Committee) to be held via telephone conference. The meeting is open to the general public, which may participate by following the instructions below.
Notice of Public Information Collections Being Reviewed by the U.S. Agency for International Development; Comments Requested
U.S. Agency for International Development (USAID) is making efforts to reduce the paperwork burden. USAID invites the general public and other Federal agencies to take this opportunity to comment on the following proposed and/or continuing information collections, as required by the Paperwork Reduction Act for 1995. Comments are requested concerning: (a) Whether the proposed or continuing collections of information are necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the burden estimates; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology.
Endangered and Threatened Species; Take of Anadromous Fish
Notice is hereby given that NMFS has received an application for a scientific research permit from the Santa Clara Valley Water District (SCVWD) in Santa Clara County, CA (1121). This document serves to notify the public of the availability of the permit application for review and comment.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery Off the Southern Atlantic States; Amendment 13C
NMFS issues this final rule to implement Amendment 13C to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP), as prepared and submitted by the South Atlantic Fishery Management Council (Council). Amendment 13C establishes management measures to end overfishing of snowy grouper, golden tilefish, vermilion snapper, and black sea bass and measures to allow moderate increases in recreational and commercial harvest of red porgy consistent with the rebuilding program for that stock. For the commercial fisheries, this final rule establishes restrictive quotas for snowy grouper, golden tilefish, vermilion snapper, and black sea bass and, after the quotas are met, prohibits all purchase and sale of the applicable species and restricts all harvest and possession to the applicable bag limit; establishes restrictive trip limits for snowy grouper and golden tilefish; requires at least 2-inch (5.1-cm) mesh in the back panel of black sea bass pots; requires black sea bass pots to be removed from the water after the quota is reached; changes the fishing year for black sea bass; increases the trip limit for red porgy; establishes a red porgy quota that would allow a moderate increase in harvest; and, after the red porgy quota is reached, prohibits all purchase and sale and restricts all harvest and possession to the bag limit. For the recreational fisheries, this final rule reduces the bag limits for snowy grouper, golden tilefish, and black sea bass; increases the minimum size limit for vermilion snapper and black sea bass; changes the fishing year for black sea bass; and increases the bag limit for red porgy. The intended effects of this final rule are to eliminate or phase out overfishing of snowy grouper, golden tilefish, vermilion snapper, and black sea bass; and increase red porgy harvest consistent with an updated stock assessment and rebuilding plan to achieve optimum yield. Finally, NMFS informs the public of the approval by the Office of Management and Budget (OMB) of the collection-of-information requirements contained in this final rule and publishes the OMB control numbers for those collections.
Fisheries of the Economic Exclusive Zone Off Alaska; Shallow-Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska
NMFS is opening directed fishing for species that comprise the shallow-water species fishery by vessels using trawl gear in the Gulf of Alaska (GOA), effective 0700 hours, Alaska local time (A.l.t), September 20, 2006. This adjustment is necessary to allow a 12-hour fishery for species that comprise the shallow-water species fishery by vessels using trawl gear in the GOA to resume, without exceeding the 2006 Pacific halibut bycatch allowance specified for the shallow-water species fishery in the GOA.
Membership of the Federal Labor Relations Authority's Senior Executive Service Performance Review Board
Notice is hereby given of the members of the Performance Review Board.
Bureau of Educational and Cultural Affairs (ECA) Request for Grant Proposals: The Future Leaders Exchange Program: Host Family and School Placement
The Youth Programs Division of the Bureau of Educational and Cultural Affairs announces an open competition for the placement component of the Future Leaders Exchange (FLEX) program. Public and private non-profit organizations meeting the provisions described in Internal Revenue Code section 26 U.S.C. 501(c)(3) may submit proposals to recruit and select host families and schools for high school students between the ages of 15 and 17 from countries of the former Soviet Union, thereafter referred to as Eurasia. This solicitation and the activities to which it refers, applies only to FLEX students from the following Eurasian countries: Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan. In addition to identifying schools and screening, selecting, and orienting families, organizations will be responsible for: (1) Providing English language enhancement activities for a small percentage of students who are specially identified; (2) orienting all students at the local level; (3) providing support services for students; (4) arranging enhancement activities and skill-building opportunities; (5) assessing student performance and progress; (6) providing mid-year programming and re-entry training; and (7) evaluating project success. Preference will be given to those organizations that offer participants opportunities to develop leadership skills and raise their awareness of tolerance and social justice through community activities and networks. The award of grants and the number of students who will participate is subject to the availability of funding in fiscal year 2007.
Proposed Collection; Comment Request
The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Employment and Training Administration is soliciting comments concerning the proposed extension of data collection for the ETA Form 9117 (formerly ETA-9023), Trade Adjustment Assistance (TAA) Reserve Funding Request Form (1205-0275, expires 12/31/2006). A copy of the proposed information collection request (ICR) can be obtained by contacting the office listed below in the ADDRESSES section of this notice.
Announcement of Performance Review Board Members
5 CFR 430.310 requires agencies to publish notice of Performance Review Board appointees in the Federal Register before their service begins. This notice announces the names of the members of the Bureau of Industry and Security's Performance Review Board.
Meeting of the Secretary of the Navy's Advisory Subcommittee on Naval History
The Secretary of the Navy's Advisory Subcommittee on Naval History, a subcommittee of the Department of Defense Historical Advisory Committee, will meet to review naval historical activities since the last meeting of the Advisory Subcommittee on Naval History, which was conducted on September 29 and September 30, 2005, and to make comments and recommendations on these activities to the Secretary of the Navy. The meetings will be open to the public.
Agency Information Collection Activities: Request for Comments for New Information Collection
The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval for a new information collection, which is summarized below under SUPPLEMENTARY INFORMATION. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.
Hazardous Material: Revision of Requirements for Security Plans
PHMSA is considering revisions to the list of hazardous materials that require development and implementation of a security plan to address security risks during transportation in commerce. This effort is being coordinated with other Department of Transportation modal administrations (Federal Aviation Administration, Federal Motor Carrier Safety Administration, and Federal Railroad Administration) and the Transportation Security Administration of the Department of Homeland Security. The revisions would address outstanding petitions requesting that certain materials be excepted from the security plan requirements. PHMSA will hold a public meeting on November 30, 2006 to obtain stakeholder comments on security plan requirements. This ANPRM and the public meeting provide an opportunity for the public to comment on this issue and make recommendations on the applicability of the security plan requirements.
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