Unknown. Final rule
3,522 words·~16 min read·
/register/2005/10/04/05-19774·A 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-2005-10-04.xml --- 70 191 Tuesday, October 4, 2005 Contents AID Agency for International Development NOTICES Meetings: Voluntary Foreign Aid Advisory Committee, 57853 05-19796 Agriculture Agriculture Department See Food Safety and Inspection Service See Forest Service See Natural Resources Conservation Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 57853 05-19821 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 57878-57881 05-19827 05-19880 05-19881 Centers Centers for Medicare & Medicaid Services RULES Medicare:
Hospital inpatient prospective payment systems and 2006 FY rates Correction, 57785-57786 05-19924 Chemical Chemical Safety and Hazard Investigation Board NOTICES Meetings; Sunshine Act, 57854-57855 05-20022 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 57881 05-19787 Coast Guard Coast Guard NOTICES Environmental statements; availability, etc.: Port Pelican LLC Deepwater Port, 57885 05-19854 Merchant mariner credentials; fee waiver and temporary procedures due to Hurricane Katrina, 57885-57886 05-19988 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration EPA Environmental Protection Agency RULES Air programs; approval and promulgation;
State plans for designated facilities and pollutants: New Mexico, 57762-57764 05-19878 Air quality implementation plans; approval and promulgation; various States: Kentucky, 57750-57762 05-19875 Oklahoma, 57764-57769 05-19838 Solid wastes: Hazardous waste; identification and listing— Hazardous waste mixtures; wastewater treatment exemptions (headworks exemptions), 57769-57785 05-19841 PROPOSED RULES Air programs; approval and promulgation; State plans for designated facilities and pollutants:
New Mexico, 57811-57812 05-19877 Air quality implementation plans; approval and promulgation; various States: Oklahoma, 57812 05-19837 Superfund program: Emergency planning and community right-to-know— Air releases of NOx (NO and NO2); administrative reporting exemption, 57813-57822 05-19872 Toxic chemical release reporting; community-right-to-know— Toxics Release Inventory Program Burden Reduction, 57822-57847 05-19710 NOTICES Agency information collection activities; proposals, submissions, and approvals, 57866-57871 05-19839 05-19840 05-19862 05-19866 Environmental statements; notice of intent:
Toxic Release Inventory Program; 2006 burden reduction, 57871-57872 05-19709 Toxic and hazardous substances control: Asbestos-containing materials in schools; State waiver requests— Illinois, 57872-57875 05-19865 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives: Airbus, 57732-57736 05-19333 05-19436 BAE Systems (Operations) Ltd., 57736-57739 05-19437 Boeing, 57740-57746 05-19876 Rolls-Royce plc, 57739-57740 05-19845 Airworthiness standards:
Special conditions— Boeing Model 720B high intensity radiated fields, 57726-57728 05-19858 Dassault-Aviation Mystere-Falcon 50 airplanes, 57730-57732 05-19860 Raytheon Model BH125 Series 400A and 600A airplanes, 57728-57730 05-19859 Class E airspace, 57746 05-19855 Standard instrument approach procedures, 57746-57748 05-19745 PROPOSED RULES Airworthiness directives: Sicma Aero Seat, 57804-57805 05-19873 Jet routes, 57805-57806 05-19856 NOTICES Agency information collection activities; proposals, submissions, and approvals, 57922 05-19857 Meetings:
National Parks Overflights Advisory Group, 57922-57923 05-19785 FDIC Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 57875 E5-5438 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations: Texas, 57791-57793 05-19815 Various States, 57786-57791 05-19816 05-19817 PROPOSED RULES Flood elevation determinations: Arkansas and Louisiana, 57848-57850 05-19819 Georgia, 57850-57851 05-19818 NOTICES Agency information collection activities; proposals, submissions, and approvals, 57886-57887 05-19814 Disaster and emergency areas:
Alabama, 57887 05-19810 05-19813 Louisiana, 57887-57888 05-19811 05-19812 Federal Highway Federal Highway Administration NOTICES Environmental statements; availability, etc.: St. Louis County, MO, 57923 05-19828 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 57875 05-19783 Formations, acquisitions, and mergers, E5-5415 E5-5416 57875-57876 05-19782 Meetings: Consumer Advisory Council, 57876-57877 05-19781 FTC Federal Trade Commission PROPOSED RULES Industry guides:
Jewelry, precious metals, and pewter industries, 57807 05-19784 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Surety companies acceptable on Federal bonds: National Farmers Union Property & Casualty Co., 57924 05-19798 VictoRe Insurance Co., 57924-57925 05-19797 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Picture-wing flies (12 species) from Hawaiian Islands, 57851-57852 05-19594 NOTICES Endangered and threatened species:
Incidental take permits— Ukumehame, Maui, Hawaii; Hawaiian petrel et al., 57888-57889 05-19825 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Sponsor name and address changes— Pharmaq AS; correction, 57927 C5-17472 Medical devices: Immunology and microbiology devices— AFP-L3% immunological test systems; classification, 57748-57750 05-19863 NOTICES Meetings: Medical Device User Fee and Modernization Act of 2002; implementation; stakeholders, 57881-57883 05-19864 Reports and guidance documents; availability, etc.:
AFP-L3% immunicological test systems; Class II special controls, 57883-57884 05-19853 Biological products for treatment of rare plasma protein disorders, 57884 05-19852 Food Food Safety and Inspection Service RULES Meat and poultry inspection: Meat products; importation from San Marino into U.S., 57725-57726 05-19774 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Tehama County, 57853-57854 05-19792 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 57877 05-19771 Committees; establishment, renewal, termination, etc.:
Interagency committee; regulatory reform, 57877-57878 05-19788 Health Health Resources and Services Administration NOTICES Meetings: Migrant Health National Advisory Council, 57884-57885 05-19867 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Indian Indian Affairs Bureau NOTICES Irrigation projects; operations and maintenance charges: Rate adjustment, 57889-57894 05-19766 Inter-American Inter-American Foundation NOTICES Meetings;
Sunshine Act, 57888 05-19990 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Minerals Management Service See Reclamation Bureau IRS Internal Revenue Service RULES Income taxes: Life insurance value when distributed from qualified retirement plan; correction, 57750 05-19776 PROPOSED RULES Income taxes: Deferred compensation plans; application of section 409A, 57930-57984 05-19379 Space and ocean activities and communications; source of income; public hearing Correction, 57807-57808 05-19779 NOTICES Committees; establishment, renewal, termination, etc.:
Information Reporting Program Advisory Committee, 57925 05-19780 Internal Revenue Service Advisory Council, 57925 05-19778 Meetings: Information Reporting Program Advisory Committee, 57925-57926 05-19777 International International Trade Administration NOTICES Antidumping: In-shell pistachios from— Iran, 57855 05-19883 Countervailing duties: Top-of-the-stove stainless steel cookware from— Korea, 57856-57857 05-19884 Taiwan, 57856 05-19882 Justice Justice Department See Justice Programs Office See Parole Commission Justice Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 57896-57897 05-19823 Labor Labor Department See Mine Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 57897-57899 05-19794 05-19795 Secretary's orders; cancellation, 57986 05-19793 Land Land Management Bureau NOTICES Environmental statements; availability, etc.:
San Juan/San Miguel, CO; resource management plan, 57894 05-19834 Survey plat filings: Maine; correction, 57894-57895 05-19887 Maritime Maritime Administration NOTICES Environmental statements; availability, etc.: Port Pelican LLC Deepwater Port, 57885 05-19854 Minerals Minerals Management Service NOTICES Meetings: Royalty Policy Committee, 57895 05-19799 Mine Mine Safety and Health Administration PROPOSED RULES Education and training, etc.: Alcohol and other drugs use on mine property; risks and hazards, 57808-57811 05-19846 National Highway National Highway Traffic Safety Administration RULES Importation of vehicles and equipment subject to Federal safety, bumper, and theft prevention standards:
Registered importers of vehicles not originally manufactured to conform with Federal standards; schedule of fees, 57793-57802 05-19843 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Gulf of Alaska groundfish; closure to vessels using trawl gear, 57803 05-19850 Caribbean, Gulf, and South Atlantic fisheries— Shallow-water grouper, 57802 05-19849 Northeastern United States fisheries— Summer flounder, scup, and black sea bass; correction, 57802-57803 05-19879 NOTICES Committees; establishment, renewal, termination, etc.:
Gray's Reef National Marine Sanctuary Advisory Council, 57857-57858 05-19765 Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve Advisory Council, 57858-57859 05-19764 Endangered and threatened species: Anadromous fish take— Lower Columbia Fisheries Enhancement Group; salmonid, 57859 05-19870 Environmental statements; notice of intent: Caribbean, Gulf, and South Atlantic fisheries— Shrimp fishery management plan, 57859-57860 05-19868 Makah tribe; treaty right hunting of Gray whales, 57860-57862 05-19886 Grants and cooperative agreements; availability, etc.: 2006 FY funds availability; omnibus notice, 57862-57863 05-19885 Meetings:
Marine Protected Areas Federal Advisory Committee, 57863-57864 05-19801 South Atlantic Fishery Management Council, 57864 E5-5417 Western Pacific Fishery Management Council, 57864-57866 E5-5414 NRCS Natural Resources Conservation Service NOTICES Meetings: Agricultural Air Quality Task Force, 57854 05-19770 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Dominion Nuclear Connecticut, Inc., 57899-57900 05-19921 Meetings: Medical Uses of Isotopes Advisory Committee, 57900-57901 05-19791 Meetings;
Sunshine Act, 57901 05-19920 Reports and guidance documents; availability, etc.: Loss-of-coolant accident frequency estimations through the elicitation process, 57901-57903 05-19790 *Applications, hearings, determinations, etc.:* Exelon Generation Co., LLC, 57899 05-19789 Parole Parole Commission NOTICES Meetings; Sunshine Act, 57897 05-19926 05-19927 Personnel Personnel Management Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 57903 05-19903 Excepted service; positions placed or revoked, 57903-57906 05-19902 Presidential Presidential Documents EXECUTIVE ORDERS Committees; establishment, renewal, termination, etc.:
Federal advisory committees; continuance of certain (EO 13385), 57987-57991 05-19993 Public Public Debt Bureau See Fiscal Service Reclamation Reclamation Bureau NOTICES Central Valley Improvement Act: Water management plans; evaluation criteria development, 57895-57896 05-19824 Meetings: Yakima River Basin Conservation Advisory Group, 57896 05-19826 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: National Association of Securities Dealers, Inc., 57908-57916 05-19808 05-19809 Pacific Exchange, Inc., 57916-57919 05-19773 05-19807 Philadelphia Stock Exchange, Inc., 57919-57921 05-19806 *Applications, hearings, determinations, etc.:* Baker Hughes, Inc., 57906 05-19803 Measurement Specialties, Inc., 57906-57907 05-19805 Vulcan International Corp., 57907-57908 05-19804 SBA Small Business Administration NOTICES Disaster loan areas:
Louisiana, 57921 05-19835 Texas, 57921-57922 05-19836 Surface Surface Transportation Board NOTICES Rail carriers: Waybill data; release for use, 57923 05-19725 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Maritime Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Fiscal Service See Internal Revenue Service NOTICES Meetings: President's Advisory Panel on Federal Tax Reform, 57923-57924 05-19969 Separate Parts In This Issue Part II Treasury Department, Internal Revenue Service, 57930-57984 05-19379 Part III Labor Department, 57986 05-19793 Part IV Executive Office of the President, Presidential Documents, 57987-57991 05-19993 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. 70 191 Tuesday, October 4, 2005 Rules and Regulations DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service 9 CFR Part 327 [Docket No. 01-029F] RIN 0583-AC91 Addition of San Marino to the List of Countries Eligible To Export Meat Products to the United States AGENCY:
Food Safety and Inspection Service, USDA. ACTION: Final rule. SUMMARY: The Food Safety and Inspection Service
(FSIS)is adding San Marino to the list of countries eligible to export meat products to the United States. FSIS conducted a thorough review of the San Marino meat processing inspection system, including an on-site review of the San Marino meat processing inspection system in operation. FSIS concluded that San Marino's meat processing laws, regulations, and other written materials demonstrate that they establish requirements that are equivalent to the relevant requirements of the Federal Meat Inspection Act
(FMIA)and its implementing regulations, and that San Marino's implementation of meat processing standards and procedures is equivalent to that of the United States. Meat products from San Marino may be imported into the United States only if these products are processed in certified establishments in San Marino and are derived from animals that were slaughtered only in certified establishments located in other countries that are eligible to export meat to the United States as a result of their slaughter inspection systems having been found equivalent to that of the United States. At present, San Marino will be eligible to export only processed pork products and not meat food products containing livestock product other than pork to the United States. San Marino did not ask to be approved for slaughter of pork. All meat products exported from San Marino to the United States will be subject to reinspection at the U.S. ports-of-entry by FSIS inspectors as required by law. EFFECTIVE DATE: November 3, 2005. FOR FURTHER INFORMATION CONTACT: Ms. Sally White, Director, International Equivalence Staff, Office of International Affairs;
(202)720-6400. SUPPLEMENTARY INFORMATION: Background On August 13, 2004, FSIS published a proposal in the **Federal Register** (69 FR 50086-50088) to add San Marino to the list of countries eligible to export meat and meat products to the United States. As discussed in that proposed rulemaking, in 1997 the government of San Marino requested approval to export meat and meat products to the United States. In response to this request, FSIS conducted a thorough review of the San Marino meat processing inspection system to determine whether it is equivalent to the U.S. meat inspection system. San Marino did not ask FSIS to review its slaughter system for equivalency to the U.S. meat inspection system. FSIS concluded that the requirements contained in San Marino's meat inspection laws and regulations pertaining to its meat processing system are equivalent to those mandated by the FMIA and implementing regulations. FSIS then conducted an on-site review of the San Marino meat processing inspection system in operation. The FSIS review team concluded that San Marino's implementation of meat processing standards and procedures is equivalent to that of the United States. The government of San Marino will certify to FSIS establishments eligible to export products to the United States. FSIS will retain the right to verify that establishments certified by the San Marino government are meeting requirements equivalent to those of FSIS. This will be done through annual on-site reviews of the establishments while they are in operation. Products from a country eligible to export meat and meat products must also comply with all other U.S. requirements, including those of the U.S. Customs Service and the restrictions under Title 9, part 94 of the Animal and Plant Health Inspection Service (APHIS) regulations that relate to the importation of meat and meat products from foreign countries into the United States. APHIS is responsible for keeping foreign animal diseases out of the United States. APHIS restricts the importation of any fresh, frozen, and chilled meat, meat products, and edible products from countries in which certain animal diseases exist. Those products that APHIS has restricted from entering the United States are refused entry. FSIS works closely with APHIS in coordinating its import inspection system so as to allow into the United States only meat products that APHIS has found to pose no animal health risk. At present, San Marino has certified only one establishment wishing to export processed pork products as eligible to export meat food products into the United States. Comments FSIS received no comments on the proposed rule. Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. It has been determined to be not significant for purposes of E.O. 12866 and therefore has not been reviewed by the Office of Management and Budget (OMB). There is only one establishment in San Marino that has applied to export meat products to the United States. This establishment will export non-shelf stable cooked pork products. U.S. imports from this establishment are expected to total approximately 500,000 pounds per year. Adoption of this rule will continue to open trade between the U.S. and San Marino, which over the past decade has consisted of U.S. firms occasionally exporting small amounts of pork and poultry products to San Marino. This rule will also increase the U.S. food supply. The impact of this rule on U.S. consumers is voluntary in that consumers will not be required to purchase meat products produced and processed in San Marino, although they may choose to do so. Expected benefits from this type of rule would accrue primarily to consumers in the form of competitive prices due to a larger market variety of meat products. The volume of trade stimulated by this rule, however, will likely be so small as to have little effect on supply and prices. Consumers, apart from any change in prices, would benefit from increased choices in the marketplace. The costs of this rule will accrue primarily to producers in the form of greater competition from San Marino. Again, it must be noted that the volume of trade stimulated by this rule will be very small, likely having little effect on supply and prices. Nonetheless, it is possible that U.S. firms that produce products that would compete with San Marino imports could face short-term difficulty. In the long run, however, such firms could adjust their product mix in order to compete effectively. Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. When this final rule is adopted:
(1)All State and local laws and regulations that are inconsistent with this rule will be preempted;
(2)no retroactive effect will be given to this rule; and
(3)administrative proceedings will not be required before parties may file suit in court challenging this rule. Effect on Small Entities The Administrator, FSIS, has made a determination that this rule will not have a significant impact on a substantial number of small entities, as defined by the Regulatory Flexibility Act (5 U.S.C. 601). This rule will add San Marino to the list of countries eligible to export meat products into the United States. Currently, only one San Marino establishment has applied to export product to the United States. This establishment is planning to export approximately 500,000 pounds of non-shelf stable cooked pork products to the United States per year. The volume of trade stimulated by this rule would be very small, likely having little effect on supply and prices. Therefore, this rule is not expected to have a significant impact on small entities that produce these types of products domestically. Paperwork Requirements No new paperwork requirements are associated with this rule. A foreign country wanting to export livestock products to the United States is required to provide information to FSIS certifying that its inspection system provides standards equivalent to those of the United States and that the legal authority for the system and its implementing regulations are equivalent to those of the United States before it may start exporting such product to the United States. FSIS collects this information one time only. FSIS gave San Marino questionnaires asking for detailed information about the country's inspection practices and procedures to assist the country in organizing its materials. This information collection was approved under OMB number 0583-0094. The proposed rule contains no other paperwork requirements. Additional Public Notification Public awareness of all segments of rulemaking and policy development is important. Consequently, in an effort to ensure that the public and in particular minorities, women, and persons with disabilities are aware of this final rule, FSIS will announce it on-line through the FSIS Web page at *http://www.fsis.usda.gov/regulations/2005_Proposed _Rules_Index/.* The Regulations.gov Web site is the central online rulemaking portal of the United States government. It is being offered as a public service to increase participation in the Federal government's regulatory activities. FSIS participates in Regulations.gov and will accept comments on documents published on the site. The site allows visitors to search by keyword or Department or Agency for rulemakings that allow for public comment. Each entry provides a quick link to a comment form so that visitors can type in their comments and submit them to FSIS. The Web site is located at *http://www.regulations.gov.* FSIS also will make copies of this **Federal Register** publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations, **Federal Register** notices, FSIS public meetings, recalls, and other types of information that could affect or would be of interest to our constituents and stakeholders. The update is communicated via Listserv, a free e-mail subscription service consisting of industry, trade, and farm groups, consumer interest groups, allied health professionals, scientific professionals, and other individuals who have requested to be included. The update also is available on the FSIS web page. Through Listserv and the web page, FSIS is able to provide information to a much broader, more diverse audience. In addition, FSIS offers an electronic mail subscription service that provides an automatic and customized notification when popular pages are updated, including **Federal Register** publications and related documents. This service is available at *http://www.fsis.usda.gov/news_and_events/email_subscription/* and allows FSIS customers to sign up for subscription options in eight categories. Options range from recalls to export information to regulations, directives and notices. Customers can add or delete subscriptions themselves and have the option to password protect their accounts. List of Subjects in 9 CFR Part 327 Imports, Meat and meat products. For the reasons set out in the preamble, 9 CFR part 327 is amended as follows: PART 327—IMPORTED PRODUCTS 1. The authority citation for part 327 continues to read as follows: Authority: 21 U.S.C. 601-695; 7 CFR 2.18, 2.53. § 327.2 [Amended] 2. Section 327.2 is amended by redesignating footnote 1 as footnote 2, adding “San Marino 1 ” in alphabetical order to the list of countries in paragraph (b), and by adding a new footnote 1 to read as follows: § 327.2 Eligibility of foreign countries for importation of products into the United States.
(b)* * * San Marino 1 * * * 1 Equivalent for processing inspection system only. Done at Washington, DC, on September 28, 2005. Barbara J. Masters, Administrator. [FR Doc. 05-19774 Filed 10-3-05; 8:45 am]
Connectionstraces to 3
Traces to 3 documents
3 references not yet in our index
- 9 CFR 327
- 21 USC 601-695
- 7 CFR 2.18
Citation graph
cites case law
Unknown
Final rule
Cite9 CFR 327
Cite21 USC 601-695
Cite7 CFR 2.18
Cites 6Cited by 0 across 0 sources