2006 – Federal Register Recent Federal Regulation Documents
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Procedural Rules
This document makes technical amendments to the Federal Mine Safety and Health Review Commission's procedural rules and regulations implementing the Equal Access to Justice Act and Privacy Act.
Notice of Extension of Project Period and Waiver for the Center on Learning Disabilities
The Secretary waives the requirements in the Education Department General Administrative Regulations (EDGAR), in 34 CFR 75.250 and 75.261(a), respectively, that generally prohibit project periods exceeding five years and extensions of project periods involving the obligation of additional Federal funds. This extension of project period and waiver will enable the currently funded Center on Learning Disabilities to receive funding from October 1, 2006 through September 30, 2007.
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: ``General Licensee Registration,'' NRC Form 664. 2. Current OMB approval number: 3150-0198. 3. How often the collection is required: Annually. 4. Who is required or asked to report: General Licensees of the NRC who possess devices subject to registration under 10 CFR 31.5. 5. The estimated number of annual respondents: 1,000. 6. The number of hours needed annually to complete the requirement or request: 333 hours annually (1,000 respondents x 20 minutes per form). 7. Abstract: NRC Form 664 is used by NRC general licensees to make reports regarding certain generally licensed devices subject to registration. The registration program allows NRC to better track general licensees, so that they can be contacted or inspected as necessary, and to make sure that generally licensed devices can be identified even if lost or damaged, and to further ensure that general licensees are aware of and understand the requirements for the possession of devices containing byproduct material. Greater awareness helps to ensure that general licensees will comply with the requirements for proper handling and disposal of generally licensed devices and would reduce the potential for incidents that could result in unnecessary radiation exposure to the public and contamination of property. Submit, by November 20, 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, U.S. Nuclear Regulatory Commission, T-5 F52, Washington, DC 20555-0001, by telephone at 301-415-7233, or by Internet electronic mail to INFOCOLLECTS@NRC.GOV.
Notification of Citizens Coinage Advisory Committee September 2006 Public Meeting
Pursuant to United States Code, Title 31, section 5135(b)(8)(C), the United States Mint announces the Citizens Coinage Advisory Committee (CCAC) public meeting scheduled for September 28, 2006. Date: September 28, 2006. Time: 10 a.m. to 11 a.m. Location: The meeting will occur via teleconference. Interested members of the public may attend the meeting at the United States Mint; 801 Ninth Street, NW.; Washington, DC; 2nd floor. Subject: Review Tuskegee Airmen Congressional Gold Medal candidate designs, and other business. Interested persons should call 202-354-7502 for the latest update on meeting time and room location. Public Law 108-15 established the CCAC to: Advise the Secretary of the Treasury on any theme or design proposals relating to circulating coinage, bullion coinage, Congressional Gold Medals, and national and other medals. Advise the Secretary of the Treasury with regard to the events, persons, or places to be commemorated by the issuance of commemorative coins in each of the five calendar years succeeding the year in which a commemorative coin designation is made. Make recommendations with respect to the mintage level for any commemorative coin recommended. For Further Information Contact: Cliff Northup, United States Mint Liaison to the CCAC, 801 Ninth Street, NW., Washington, DC 20220; or call 202-354-7200. Any member of the public interested in submitting matters for the CCAC's consideration is invited to submit them by fax to the following number: 202-756-6830.
National Urban and Community Forestry Advisory Council
The National Urban and Community Forestry Advisory Council will meet in Little Rock, Arkansas, October 17-19, 2006. The purpose of the meeting is to discuss emerging issues in urban and community forestry.
National Research Initiative Competitive Grants Program-Revisions to Administrative Provisions
The Cooperative State Research, Education, and Extension Service (CSREES) is updating and making technical corrections to the administrative provisions for the National Research Initiative Competitive Grants Program (NRICGP). In addition, CSREES is revising 7 CFR 3411.3(d), the ``Eligibility requirements'' for NRICGP Postdoctoral Fellowships, New Investigator Awards, and Strengthening Awards, and 7 CFR 3411.4(c)(8), the Agency instructions to applicants preparing project budgets for NRICGP conference grants and postdoctoral fellowships. CSREES anticipates the changes to the eligibility requirements will increase the impact of the Agricultural Research Enhancement Awards, while the changes to the budget instructions will facilitate additional conference and postdoctoral fellowship awards.
Increase in Limitation on Authorized Committees Supporting Other Authorized Committees
The Federal Election Commission (``Commission'') is amending its rules specifying the amount authorized committees of candidates may contribute to authorized committees of other candidates. The Consolidated Appropriations Act, 2005, amended the Federal Election Campaign Act of 1971, as amended (``the Act''), by increasing this amount from $1,000 to $2,000. These final rules implement this increase. Further information is provided in the supplementary information that follows.
Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2006-07 Early Season
This rule prescribes special early season migratory bird hunting regulations for certain tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. This responds to tribal requests for U.S. Fish and Wildlife Service (hereinafter Service or we) recognition of their authority to regulate hunting under established guidelines. This rule allows the establishment of season bag limits and, thus, harvest at levels compatible with populations and habitat conditions.
Drawbridge Operation Regulation; Bayou Lafourche, LA
The Coast Guard proposes to change the regulations governing the draw of the Valentine Pontoon Bridge across Bayou Lafourche, mile 44.7, in Lafourche Parish, Louisiana. The regulation will allow for the bridge to be unmanned and remain closed during hours of infrequent traffic with an advance notification requirement to open the bridge.
Proposed Information Collection; Export of Caviar or Meat of Paddlefish or Sturgeon Removed From the Wild
We (Fish and Wildlife Service) will ask the Office of Management and Budget (OMB) to approve the information collection described below. As required by the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this information collection.
Drawbridge Operation Regulation; Bayou Lafourche, LA
The Coast Guard proposes to change the regulations governing six bridges across Bayou Lafourche, south of the Gulf Intracoastal Waterway, in Lafourche Parish, Louisiana. The Lafourche Parish Council has requested that the bridges remain closed to navigation at various times on weekdays during the school year. These closures will facilitate the safe, efficient movement of staff, students and other residents within the parish.
Programmatic Environmental Impact Statement: Launches and Reentries Under an Experimental Permit
On March 27, 2006, the FAA published a Notice of Intent to prepare a PEIS for Experimental Permits in the Federal Register (71 FR 15251). On May 9, 2006, the FAA published a Notice of Extension of scoping for the PEIS. The FAA has decided to extend the scoping period for the preparation of the PEIS to October 31, 2006. All comments received by October 31, 2006 will be considered in the preparation of the Draft PEIS.
Determination of Regulatory Review Period for Purposes of Patent Extension; MACUGEN
The Food and Drug Administration (FDA) has determined the regulatory review period for MACUGEN and is publishing this notice of that determination as required by law. FDA has made the determination because of the submission of an application to the Director of Patents and Trademarks, Department of Commerce, for the extension of a patent which claims that human drug product.
Determination of Regulatory Review Period for Purposes of Patent Extension; AVASTIN
The Food and Drug Administration (FDA) has determined the regulatory review period for AVASTIN and is publishing this notice of that determination as required by law. FDA has made the determination because of the submission of an application to the Director of Patents and Trademarks, Department of Commerce, for the extension of a patent which claims that human biological product.
Determination of Regulatory Review Period for Purposes of Patent Extension; FUZEON
The Food and Drug Administration (FDA) has determined the regulatory review period for FUZEON and is publishing this notice of that determination as required by law. FDA has made the determination because of the submission of an application to the Director of Patents and Trademarks, Department of Commerce, for the extension of a patent which claims that human drug product.
Determination of Regulatory Review Period for Purposes of Patent Extension; APTIVUS
The Food and Drug Administration (FDA) has determined the regulatory review period for APTIVUS and is publishing this notice of that determination as required by law. FDA has made the determination because of the submission of an application to the Director of Patents and Trademarks, Department of Commerce, for the extension of a patent which claims that human drug product.
Public Information Collections Approved by Office of Management and Budget
The Federal Communications Commission (Commission) has received Office of Management and Budget (OMB) approval for the following public information collections pursuant to the Paperwork Reduction Act of 1995, Public Law 104-13. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid control number.
Radio Broadcasting Services; Arcadia, Desert Hot Springs, Fallbrook, Murrieta, and Yucca Valley, CA
The Commission denied an application for review filed by the licensee of Stations KSSE(FM), Arcadia, CA, and KSSD(FM), Fallbrook, CA, of a Report and Order in this proceeding, which had denied its rulemaking petition to upgrade the class of Station KSSE(FM) from Channel 296A to Channel 296B1. The Commission determined that the rulemaking proposal could not be implemented because the licensee of Station KDGL(FM), Yucca Valley, CA, had withdrawn its consent to a downgrade in channel class and a site relocation, which is necessary to effectuate the upgrade. See SUPPLEMENTARY INFORMATION.
Radio Broadcasting Services; Flora, MS
In response to a Notice of Proposed Rule Making, this Report and Order denies a Petition for Rule Making requesting that Channel 280A be allotted to Flora, Mississippi, because no party filed comments expressing an interest in the allotment. It also dismisses a Counterproposal requesting that Channel 280A be allotted to Hermanville, Mississippi, because the Counterproposal was filed past the due date. Even if the Counterproposal were considered on the merits, it would be denied as short spaced to an authorized FM broadcast station at the time the Counterproposal was filed.
Radio Broadcasting Services; Cumberland Head, NY
The Audio Division has dismissed the request of Dana J. Puopolo (``Puopolo'') to allot Channel 264A at Cumberland Head, New York. Puopolo filed a petition for rulemaking proposing the allotment of Channel 264A at Cumberland Head, as the community's first local FM transmission service. The proposal was dismissed for inability to provide useable service to the community due to destructive interference from Canadian Station CBF-FM.
Radio Broadcasting Services; Roma, TX
The Audio Division has denied the petition for reconsideration of La Voz Latino (``LVL''), seeking reconsideration of the Audio Division's dismissal of its counterproposal in the proceeding as untimely. In this Memorandum Opinion and Order, the Audio Division denied LVL's petition for reconsideration of the dismissal of LVL's counterproposal.
Metrafenone; Pesticide Tolerance
This regulation establishes a tolerance for residues of metrafenone, (3-bromo-6-methoxy-2-methylphenyl)(2,3,4-trimethoxy-6- methylphenyl)methanone, in or on imported grape at 0.6 parts per million (ppm), with no U.S. registration. BASF Corporation requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).
Chlorpropham, Linuron, Pebulate, Asulam, and Thiophanate-methyl; Proposed Tolerance Actions
EPA is proposing to revoke certain tolerances for the herbicides linuron and pebulate and the fungicide thiophanate-methyl. Also, EPA is proposing to modify certain tolerances for the herbicides chlorpropham, linuron, asulam and the fungicide thiophanate-methyl. In addition, EPA is proposing to establish new tolerances for the herbicides chlorpropham, linuron, asulam, and the fungicide thiophanate-methyl. The regulatory actions proposed in this document are part of the Agency's reregistration program under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
Notice of Receipt of Requests for Amendments to Delete Uses in Certain Pesticide Registrations; Technical Correction
On September 1, 2006, EPA issued a Notice of Receipt of Requests for Amendments by Registrants to Delete Uses in Certain Pesticide Registrations. Section 6(f)(1) of FIFRA provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be amended to delete one or more uses. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any request in the Federal Register. The September 1 Notice inadvertently included a request to delete both cotton and pome fruit from EPA Registration 264-805, Thiacloprid Technical, and EPA Registration 264-806, Calypso 4 Flowable Insecticide. The Notice should have listed a request to delete only cotton from these registrations.
Dithianon; Pesticide Tolerance
This regulation establishes a tolerance for residues of dithianon, (5,10-dihydro-5,10-dioxonaphtho(2,3-b)-1,4-dithiin-2,3- dicarbonitrile in or on imported fruit, pome, group 11, and hop, dried cones. BASF Corporation requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).
Defense Priorities and Allocations System (DPAS): Assistance Programs With Canada and Other Nations
The Bureau of Industry and Security (BIS) is amending the Defense Priorities and Allocations System (DPAS) Regulation (15 CFR part 700) to provide additional guidance on how persons in Canada and other foreign nations may apply for priority rating authority and special priorities assistance to obtain items in the United States, and to provide information on how persons in the United States may obtain informal assistance in Italy, the Netherlands, Sweden, and the United Kingdom to obtain items in support of approved programs. These amendments do not alter the substance or effect of the DPAS regulation.
Draft Safe Harbor Agreement and Application for an Enhancement of Survival Permit for the Tempe Reach of the Rio Salado Environmental Restoration Project
The City of Tempe (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an enhancement of survival permit. The requested permit, which is for a period of 50 years, would authorize incidental take of Yuma clapper rail (Rallus longirostris yumanensis), southwestern willow flycatcher (Empidonax traillii extimus), and bald eagle (Haliaeetus leucocephalus) as a result of operation and maintenance activities associated with the Rio Salado Project. We invite public comment.
Pantoea Agglomerans Strain E325; Exemption from the Requirement of a Tolerance
This regulation establishes an exemption from the requirement of a tolerance for residues of the Pantoea agglomerans strain E325 on apples and pears when applied/used as a microbial pesticide. Northwest Agricultural Products submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Pantoea agglomerans strain E325.
Etofenprox; Pesticide Tolerances for Emergency Exemptions
This regulation establishes time-limited tolerances for residues of etofenprox (2-[ethoxyphenyl]-2-methylpropyl-3-phenoxy benzyl ether) in or on rice grain and rice straw. This action is associated with an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on rice. This regulation establishes a maximum permissible level for residues of etofenprox in these food commodities. The tolerances expire and are revoked on December 31, 2009.
Determination of Regulatory Review Period for Purposes of Patent Extension; MYCAMINE-New Drug Application 21-754
The Food and Drug Administration (FDA) has determined the regulatory review period for MYCAMINE and is publishing this notice of that determination as required by law. FDA has made the determination because of the submission of applications to the Director of Patents and Trademarks, Department of Commerce, for the extension of a patent which claims that human drug product.
Draft Guidance for Industry on Public Availability of Labeling Changes in “Changes Being Effected” Supplements; Availability
The Food and Drug Administration (FDA) is announcing the availability of a draft guidance for industry entitled ``Public Availability of Labeling Changes in `Changes Being Effected' Supplements.'' The guidance announces to holders of a new drug application (NDA), an abbreviated new drug application (ANDA), or a biologics license application (BLA), who intend to submit a ``Changes Being Effected'' supplement (CBE supplement) to make a postapproval labeling change, that FDA will make labeling revisions identified in a CBE supplement publicly available upon receipt of the supplement by FDA. The guidance does not have any bearing on supplements that relate to chemistry, manufacturing, and controls changes, nor does it expand the circumstances in which an ANDA holder may effect labeling changes via a CBE supplement.
White-Tailed Deer Management Plan Environmental Impact Statement, Rock Creek Park, Washington, DC
Under the provisions of the National Environmental Policy Act of 1969, the National Park Service (NPS) is preparing a White-tailed Deer Management Plan Environmental Impact Statement (EIS) for Rock Creek Park, Washington, DC. The purpose of this plan and EIS is to develop a deer management plan that supports long-term protection, preservation, and restoration of native vegetation and other natural and cultural resources within the park. A scoping brochure will be prepared that details the issues identified to date, and possible alternatives to be considered. Copies of the brochure may be obtained from Rock Creek Park Natural Resources Division or the NPS Web site (https://www.nps.gov/rocr).
Notice of Off-Highway Vehicle (OHV) Travel Restriction for Factory Butte Area, UT
Notice is hereby given that effective immediately, the Bureau of Land Management (BLM), Richfield Field Office, is restricting OHV travel to designated routes on 142,023 acres of public lands near Caineville, Utah, known as the Factory Butte area. This restriction does not apply to State or private lands located in the area. Within the Factory Butte area 2,602 acres currently designated as open will remain open and 3,843 acres currently designated as closed will remain closed to OHV travel. The restriction to designated routes affects the remaining 142,023 acres of the area located in portions of T. 27 S., R. 6-10 E.; T. 28 S., R. 7-10 E.; T. 29 S., R. 7 & 8 E.; and T. 30 S., R. 7 & 8 E., Salt Lake Meridian. The purpose of the restriction is to protect threatened and endangered species that have been adversely impacted or are at risk of being adversely impacted by OHV use. This restriction will remain in effect until the conditions giving rise to the restriction have been sufficiently addressed or the Richfield Field Office Resource Management Plan that is currently being prepared is signed by the authorized officer and becomes final.
Child Support Enforcement Program; Medical Support
These proposed regulations would revise Federal requirements for establishing and enforcing medical support obligations in child support enforcement program cases receiving services under title IV-D of the Social Security Act (the Act). The proposed changes would: require that all support orders in the IV-D program address medical support; redefine reasonable-cost health insurance; require health insurance to be accessible, as defined by the State; and make conforming changes to the Federal substantial-compliance audit and State self-assessment requirements.
Major Food Allergen Labeling for Wines, Distilled Spirits and Malt Beverages
In response to industry member requests, the Alcohol and Tobacco Tax and Trade Bureau extends the comment period for Notice No. 62, Major Food Allergen Labeling for Wines, Distilled Spirits and Malt Beverages, a notice of proposed rulemaking published in the Federal Register on July 26, 2006, for an additional 90 days.
Privacy Act Regulations; Information; Collection of Claims Owed the United States; Organization; Privacy and Security Information
The Farm Credit Administration (FCA or Agency) is issuing a final rule to update and amend its regulations regarding privacy and security information and other matters. This action is being taken to correct certain citations in the regulations and to conform the regulations to Executive order 13292.
Radio Broadcasting Service; Oak Harbor and Sedro-Woolley, WA
The Audio Division allots Channel 277A at Oak Harbor, Washington, as the community's second local service at city reference coordinates 48-17-36 NL and 122-38-31 WL. This is an alternate channel to a petition for rule making (RM-10980) filed by Dana J. Puopolo which proposed Channel 289A at Oak Harbor. In addition, the Audio Division allots Channel *233A for noncommercial educational use at Oak Harbor, Washington at city reference coordinates 48-17-36 NL and 122-38-31. This is an alternate channel to a counterproposal (RM-11328*) filed by Bible Broadcasting Network, Inc. for Channel *289A at Oak Harbor. Lastly, the Audio Division allots Channel 289A at Sedro-Woolley, Washington at city reference coordinates 48-30-14 NL and 122-14-10 WL in response to a counterproposal (RM-11329*) filed by Jodesha Broadcasting, Inc. A filing window for these channels will not be opened at this time. Instead, the issue of opening a filing window for these channels will be addressed by the Commission in a subsequent order.
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