Unknown. Final regulation
2,717 words·~12 min read·
/register/2005/04/20/05-7842A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2005-04-20.xml --- 70 75 Wednesday, April 20, 2005 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food Safety and Inspection Service See Forest Service See Natural Resources Conservation Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 20515 05-7833 Animal Animal and Plant Health Inspection Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 20515-20517 E5-1861 E5-1862 Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.:
Addressing asthma from public health perspective; program development, 20555-20563 05-7889 National Health Education Enhancement Program, 20563-20568 05-7888 Coast Guard Coast Guard RULES Anchorage regulations: Maryland; correction, 20638 C5-6956 Drawbridge operations: California, 20465-20467 05-7897 Connecticut, 20469 05-7899 Louisiana, 20467-20471 05-7898 05-7900 New Jersey, 20464-20465 05-7896 Ports and waterways safety: Portland Captain of Port Zone, OR; large passenger vessels protection; security and safety zones, 20473 05-7895 Tongass Narrows and Ketchikan, AK; safety zone, 20471-20473 05-7894 PROPOSED RULES Drawbridge operations:
Maine, 20490-20492 05-7892 Massachusetts, 20489-20490 05-7893 Ports and waterways safety: New York Harbor Captain of Port Zone; security zone, 20493-20495 05-7902 NOTICES Meetings: Great Lakes Regional Waterways Management Forum, 20590 05-7901 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Commodity Commodity Futures Trading Commission NOTICES Meetings;
Sunshine Act, 05-8040 20534-20535 05-8041 05-8042 05-8043 Comptroller Comptroller of the Currency NOTICES Agency information collection activities; proposals, submissions, and approvals, 20212 [ **Editorial Note:** This document was inadvertently place under the Treasury Department in the **Federal Register** Table of Contents of April 18, 2005.] Defense Defense Department NOTICES Environmental statements; availability, etc.: Updated Pentagon Reservation Master Plan, 20535 05-7934 Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Chattem Chemicals, Inc.; correction, 20599-20600 05-7820 Clinical Trial Services, Inc., 20600 05-7819 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:
Safe and Drug-Free Schools Programs— Challenge Newsletter Grant Competition, 20535-20538 05-8012 Employment Employment Standards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 20600-20601 05-7891 Labor-Management Reporting and Disclosure Act: Investigation and prosecution of crimes and civil enforcement actions; memorandum of understanding between Justice and Labor Departments, 20601-20603 05-7890 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:
Guam, 20473-20477 05-7806 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Propiconazole, 20477-20479 05-7736 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Georgia, 20495-20508 05-7936 NOTICES Agency information collection activities; proposals, submissions, and approvals, 20538-20543 05-7587 05-7588 Grants and cooperative agreements; availability, etc.:
Water quality cooperative agreement allocation; correction, 20543-20544 05-7802 Meetings: Clean Air scientific Advisory Committee, 20544-20545 05-7935 Endocrine Disruptor Methods Validation Advisory Committee; correction, 20545 05-7919 Pesticide, food, and feed additive petitions: Keller & Heckman LLP, 20545-20549 05-7330 Pesticides; experimental use permits, etc.: Gargiulo, Inc./BHN Research, 20549-20550 05-7805 Toxic and hazardous substances control: New chemicals— Receipt and status information, 20550-20553 05-7803 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration NOTICES Aeronautical land-use assurance; waivers:
Louisville International Airport, KY, 20615 05-7829 Airport noise compatibility program: Noise exposure maps— Flagstaff Airport, AZ, 20617-20618 05-7828 Lehigh Valley International Airport, PA, 20616-20617 05-7827 Nashville International Airport, TN, 20615-20616 05-7826 Exemption petitions; summary and disposition, 20618 05-7825 FCC Federal Communications Commission RULES Common carrier services: Wireless telecommunications services— Direct broadcast satellite service licenses; auction; eligibility restriction, 20479-20481 05-7716 PROPOSED RULES Common carrier services:
Satellite communications— Aeronautical mobile satellite service earth stations use in frequency bands allocated to fixed satellite service; service rules and procedures, 20508-20512 05-7791 Federal Highway Federal Highway Administration NOTICES Federally-assisted or Federal transportation improvement projects with net benefit to Section 4(f) property; evaluation and determination, 20618-20630 05-7812 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 20553-20554 05-7940 Federal Motor Federal Motor Carrier Safety Administration NOTICES Hazardous materials transportation:
Preemption determinations— American Trucking Associations, Inc., 20630-20632 05-7910 Federal Railroad Federal Railroad Administration PROPOSED RULES Railroad accidents/incidents; reports classifications and investigations: Monetary threshold; revision, [ **Editorial Note:** The page number for this document was incorrectly listed in the Tuesday, April 19, 2005 **Federal Register** Table of Contents. The correct page number is 20333.] Railroad locomotive safety standards: Inspection and maintenance standards for steam locomotives, [ **Editorial Note:** The page number for this document was incorrectly listed in the Tuesday, April 19, 2005 **Federal Register** Table of Contents.
The correct page number is 20337.] NOTICES Safety advisories, bulletins, and directives: Locomotive main reservoir tanks; potential catastrophic failure, 20632-20633 05-7943 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 20554-20555 05-7838 *Applications, hearings, determinations, etc.:* De Novo Corp., 20554 05-7839 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened wildlife and plants:
Findings on petitions, etc.— Idaho springsnail etc., 20512-20514 05-7640 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 20568-20574 05-7822 05-7823 05-7824 05-7882 Meetings: Levothyroxine sodium drug products; therapeutic equivalence, 20574-20575 05-7883 Reports and guidance documents; availability, etc.: Assessing donor suitability and blood and blood product safety in cases of known or suspected west nile virus infection, 20575-20576 05-7821 Food Food Safety and Inspection Service NOTICES Grants and cooperative agreements; availability, etc.:
Food safety cooperative agreements, 20517-20521 05-7955 Forest Forest Service NOTICES Appealable decisions; legal notice: Southwestern Region, 20521-20522 05-7887 Meetings: Resource Advisory Committees— Deschutes and Ochoco National Forests, 20522-20523 05-7885 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health NOTICES Federal claims; interest rates on overdue debts, 20555 05-7933 Homeland Homeland Security Department See Coast Guard See U.S.
Citizenship and Immigration Services NOTICES Meetings: Customs and Border Protection Bureau Commercial Operations Advisory Committee, 20589-20590 05-8019 Industry Industry and Security Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 20524-20526 05-7911 05-7915 05-7917 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service NOTICES Committees; establishment, renewal, termination, etc.:
Natural Resource Damage Assessment and Restoration Advisory Committee, 20591 05-7925 International International Trade Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 20527-20528 E5-1863 05-7916 05-7918 International International Trade Commission NOTICES Import investigations: Cotton shop towels from— Various countries, 20594 05-7929 Creatine monohydrate from— China, 20594 05-7928 Malleable cast iron pipe fittings from— Japan and Korea, 20595 05-7927 Orange juice from— Brazil, 20595-20596 05-7938 Pet food treats, 20596-20597 05-7878 Steel rails from— China, 20597 05-7926 U.S.-Morocco Free Trade Agreement; effect of modifications, 20597-20598 05-8015 Meetings;
Sunshine Act, 20598 05-8017 Justice Justice Department See Drug Enforcement Administration NOTICES Pollution control; consent judgments: Air Products and Chemicals, et al., 20598-20599 05-7931 Atlantic Richfield Co., 20599 05-7932 Edwards Oil Service, Inc., 20599 05-7930 Labor Labor Department See Employment Standards Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Recreation management restrictions, etc.: El Paso County et al., CO; off-highway designation change, recreational target shooting closure, and motorized vehicle and mountain bike supplementary rules, 20591-20592 05-7815 Maritime Maritime Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 20633 05-7903 Coastwise trade laws; administrative waivers:
INTERLUDE, 20633-20634 05-7904 KATRINA ANN, 20634 05-7905 WOLF, 20634-20635 05-7908 Meetings: Marine Transportation System National Advisory Council, 20635 05-7907 National Archives National Archives and Records Administration NOTICES Meetings: National Industrial Security Program Policy Advisory Committee, 20605 05-7884 National Credit National Credit Union Administration PROPOSED RULES Credit unions: Member business loans, 20487-20489 05-7835 National Highway National Highway Traffic Safety Administration RULES Motor vehicle theft prevention standards:
High-theft vehicle lines for 2006 model year; listing, 20481-20484 05-7813 NOTICES Motor vehicle theft prevention standards: Exemption petitions, etc.— General Motors Corp., 20635-20636 05-7814 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 20576-20579 05-7848 05-7849 Meetings: National Cancer Institute, 20579-20580 05-7861 05-7862 05-7863 05-7864 National Center for Complementary and Alternative Medicine, 20580 05-7860 National Heart, Lung, and Blood Institute, 20580-20581 05-7852 National Institute of Allergy and Infectious Diseases, 20581, 20583 05-7853 05-7867 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 20583-20584 05-7868 05-7869 National Institute of Biomedical Imaging and Bioengineering, 20582 05-7859 National Institute of Child Health and Human Development, 20582, 20584 05-7865 05-7872 National Institute of Dental and Craniofacial Research, 20582 05-7854 National Institute of Diabetes and Digestive and Kidney Diseases, 05-7873 05-7876 20585-20587 05-7877 National Institute of General Medical Sciences, 20582-20583 05-7866 National Institute of Neurological Disorders and Stroke, 20581 05-7851 National Institute on Aging, 05-7874 20585-20586 05-7875 National Institute on Drug Abuse, 20584 05-7870 National Library of Medicine, 20587 05-7871 Scientific Review Center, 20587-20588 05-7855 05-7856 05-7857 05-7858 Patent licenses; non-exclusive, exclusive, or partially exclusive:
Jurox Pty, Ltd., 20588-20589 05-7850 NOAA National Oceanic and Atmospheric Administration RULES Marine mammals: Commercial fishing authorizations— Atlantic Large Whale Take Reduction Plan, 20484-20486 05-7816 NOTICES Meetings: Marine Protected Areas Center New England Region, 20528-20529 05-7944 Marine Protected Areas Federal Advisory Committee, 20528 05-7942 Pacific Fishery Management Council, E5-1856 20529-20530 E5-1858 Western Pacific Fishery Management Council, 20530 E5-1857 Permits:
Endangered and threatened species, 20530-20531 05-7817 Reports and guidance documents; availability, etc.: Columbia River salmon and steelhead interim regional recovery plan, 20531-20533 05-7945 National Park National Park Service NOTICES Environmental statements; availability, etc.: San Gabriel River Watershed, Los Angeles and Orange Counties, CA; special resource study, 20592 05-7913 Vicksburg Campaign Trail, AR, LA, MS, and TN; Civil War battlefields and sites preservation, 20592-20593 05-7912 Meetings:
Wekiva River System Advisory Management Commission, 20593 05-7914 National Register of Historic Places: Pending nominations, 20593-20594 05-7837 NRCS Natural Resources Conservation Service NOTICES Environmental statements; notice of intent: West Tarkio Watershed, IA and MO, 20523-20524 05-7921 Reports and guidance documents; availability, etc.: National Handbook of Conservation Practices; conservation practice standards, new or revised, 20524 05-7580 Nuclear Nuclear Regulatory Commission RULES Domestic licensing proceedings and issuance of orders; practice rules:
Adjudicatory proceedings; model milestones, 20457-20464 05-7846 NOTICES Agency information collection activities; proposals, submissions, and approvals, 20606 E5-1855 Environmental statements; availability, etc.: Maine Yankee Atomic Power Co., 20607-20608 E5-1854 Meetings: Reactor Safeguards Advisory Committee, E5-1851 E5-1852 20608-20609 E5-1853 *Applications, hearings, determinations, etc.:* Energy Department, 20606-20607 E5-1850 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 20603-20605 05-7939 05-7941 Patent Patent and Trademark Office NOTICES Committees; establishment, renewal, termination, etc.:
Patent Public Advisory Committee and Trademark Public Advisory Committee, 20533-20534 05-7909 Personnel Personnel Management Office RULES Employment: Relatives of Federal employees, 20457 05-7842 Presidential Presidential Documents PROCLAMATIONS *Special observances:* National Park Week (Proc. 7887), 20455-20456 05-8059 SEC Securities and Exchange Commission RULES Securities: International financial reporting standards; first time-application; Form 20-F amendment, 20674-20689 05-7706 NOTICES Self-regulatory organizations; proposed rule changes:
National Securities Clearing Corp., 20609-20611 E5-1849 New York Stock Exchange, Inc., 20611-20613 E5-1859 Philadelphia Stock Exchange, Inc., 20613-20614 E5-1860 State State Department NOTICES Art objects; importation for exhibition: Matisse, His Art and His Textiles: The Fabric of Dreams, 20614 05-7922 Organization, functions, and authority delegations: Assistant Secretary for Economic and Business Affairs, 20614-20615 05-7923 Assistant Secretary for Near Eastern Affairs, 20615 05-7924 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:
BNSF Railway Co., 20636-20637 05-7768 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Maritime Administration See National Highway Traffic Safety Administration See Surface Transportation Board PROPOSED RULES Air travel; nondiscrimination on basis of disability: Individuals with disabilities; rights and responsibililities; technical assistance manual, 20640-20671 05-7544 Treasury Treasury Department See Comptroller of the Currency NOTICES Meetings:
Debt Management Advisory Committee, 20637 05-7841 MISSING FOR: U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 20590-20591 05-7879 Separate Parts In This Issue Part II Transportation Department, 20640-20671 05-7544 Part III Securities and Exchange Commission, 20674-20689 05-7706 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 70 75 Wednesday, April 20, 2005 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 310 RIN 3206-AK03 Employment of Relatives AGENCY: Office of Personnel Management. ACTION: Final regulation. SUMMARY: The Office of Personnel Management
(OPM)is issuing final regulations on a plain language rewrite of its regulations regarding the employment of relatives as part of a broader review of OPM's regulations. The purpose of the revision is to make the regulations more readable. DATES: *Effective Date:* May 20, 2005. FOR FURTHER INFORMATION CONTACT: Mr. Scott A. Wilander by telephone at
(202)606-0830; by TTY at
(202)418-3134; by fax at
(202)606-0390; or by e-mail at *sxwiland@opm.gov.* SUPPLEMENTARY INFORMATION: OPM published for comment on September 22, 2003, (at 68 FR 55012) proposed regulations revising Part 310 to make it more readable. We also proposed to eliminate subpart A because it merely restates the provisions of 5 U.S.C. 3110 which outline the legal restrictions on the employment of relatives. Comments on Part 310 We received comments from two agencies on this proposal. Both agencies questioned the use of a question-and-answer format for regulations under Title 5, and indicated that they preferred the existing demonstrative statements for titles throughout the Code of Federal Regulations (CFR). We agree with this view and have adopted the agencies' recommendations. Both agencies also opposed dropping provisions of the regulations that repeat the law. They believed it was beneficial to include these provisions, if only to provide a one-stop-shopping service so that readers would not have to consult both the law and the regulations. We can appreciate this view and, as a result, in general we leave what we perceive to be critical parts of relevant law in regulation. We do not consider that to be necessary or appropriate in this instance, however, because OPM has no particular responsibility for administering this law. One agency questioned whether the exception that permits the employment of relatives under certain circumstances “not to exceed 1 month,” means 30 or 31 days. The agency suggested changing this provision in the regulations to read 30 days. We have adopted this suggestion. This agency also suggested dividing the proposed rule into two parts to address two important points:
(1)Legal restrictions on the employment of relatives; and
(2)Exceptions to the legal restrictions on the employment of relatives. We believe this is a good suggestion and have adopted it. Finally, one agency suggested making clear in the first sentence of proposed section 310.101 that the restriction on the employment of relatives applies to public officials. We have done so. E.O. 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with E.O. 12866. Regulatory Flexibility Act I certify that these regulations would not have a significant economic impact on a substantial number of small entities because it affects only Federal employees. List of Subjects in 5 CFR Part 310 Government employees. U.S. Office of Personnel Management. Dan G. Blair, Acting Director. Accordingly, OPM is revising 5 CFR part 310 to read as follows: PART 310—EMPLOYMENT OF RELATIVES Sec. 310.101 Legal restrictions on public officials in the employment of relatives. 310.102 Exceptions to the legal restrictions on the employment of relatives. Authority: 5 U.S.C. 3110. § 310.101 Legal restrictions on public officials in the employment of relatives. Section 3110 of title 5, United States Code, sets forth the legal restrictions on the employment of relatives. § 310.102 Exceptions to the legal restrictions on the employment of relatives. Subsection
(d)of 5 U.S.C. 3110 authorizes the Office of Personnel Management to prescribe regulations authorizing the temporary employment of relatives, in certain conditions, notwithstanding the restrictions. This regulation sets forth exceptions to the restrictions. When necessary to meet urgent needs resulting from an emergency posing an immediate threat to life or property, or a national emergency as defined in § 230.402(a)(1) of this title, a public official may employ relatives to meet those needs without regard to the restrictions on the employment of relatives in 5 U.S.C. 3110. Such appointments are temporary and may not exceed 30 days, but the agency may extend such an appointment for one additional 30-day period if the emergency need still exists at the time of the extension. [FR Doc. 05-7842 Filed 4-19-05; 8:45 am]
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