January 2005 – Federal Register Recent Federal Regulation Documents
Results 401 - 450 of 461
Radio Broadcasting Services; Cannelton and Tell City, Indiana
This document requests comments on a Petition for Rule Making filed by Hancock Communications, Inc. ``(Petitioner''), licensee of Station WLME(FM), Channel 275C3, Cannelton, Indiana, and Station WTCJ- FM, Channel 289A, Tell City, Indiana. Petitioner requests that Channel 275C3 be reallotted from Cannelton to Tell City and that Station WLME(FM)'s license be modified accordingly. Petitioner also requests that Channel 289A be reallotted from Tell City to Cannelton, Indiana, and that Station WTCJ-FM's license be modified accordingly. The coordinates for proposed Channel 289A at Cannelton are 37-48-13 NL and 86-48-57 WL, with a site restriction of 13.5 kilometers (8.4 miles) southwest of Cannelton. The coordinates for proposed Channel 275C3 at Tell City are 37-50-52 NL and 86-36-18 WL, with a site restriction of 18.4 kilometers (11.4 miles) southeast of Tell City. Since Petitioner's reallotment proposals comply with the provisions of section 1.420(i) of the Commission's rules, the Commission will not accept competing expressions of interest in the use of Channel 289A at Cannelton, Indiana, or the use of Channel 275C3 at Tell City, Indiana, or require the Petitioner to demonstrate the availability of additional equivalent class channels in those communities.
Radio Broadcasting Services; Fair Bluff, NC, Johnsonville, Litchfield Beach, and Olanta, SC
At the request of Joint Petitioner Waccamaw Neck Broadcasting Company, licensee of Station WPDT(FM), Channel 286A, Johnsonville, South Carolina this document dismisses the Joint Petition for Reconsideration of the Report and Order, 66 FR 18088 (October 24, 2001), in this proceeding, filed by Atlantic Broadcasting Co., Inc., permittee of Station WSIM(FM), Channel 287C3, Fair Bluff, North Carolina, and Waccamaw Neck Broadcasting Company.
Radio Broadcasting Services; Crosbyton, TX and Union Gap, WA
The Audio Division, at the request of Charles Crawford, allots Channel 264C3 at Crosbyton, Texas, as the community's first local aural transmission service. See 69 FR 54762, published September 10, 2004. Channel 264C3 can be allotted to Crosbyton in compliance with the Commission's minimum distance separation requirements, provided there is a site restriction of 12.5 kilometers (7.7 miles) east of the community. The reference coordinates for Channel 264C3 at Crosbyton are 33-41-30 North Latitude and 101-06-31 West Longitude. The Audio Division, at the request of Linda A. Davidson, allots Channel 285A at Union Gap, Washington, as the community's first local aural transmission service. See 69 FR 54761, published September 10, 2004. Channel 285A can be allotted to Union Gap in compliance with the Commission's minimum distance separation requirements, provided there is a site restriction of 3.4 kilometers (2.1 miles) southeast of the community. The reference coordinates for Channel 285A at Union Gap are 46-31-48 North Latitude and 120-27-18 West Longitude. Because the reference coordinates at Union Gap are located within 320 kilometers (199 miles) of the Canadian border, concurrence of the Canadian Government has been obtained. Filing windows for Channel 264C3 at Crosbyton, Texas and Channel 285A at Union Gap, Washington 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.
Standard Instrument Approach Procedures; Miscellaneous Amendments
This amendment establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, addition of new obstacles, or changes in air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Airworthiness Directives; Boeing Model 747-100, -100B, -100B SUD, -200B, -200C, -200F, and -300 Series Airplanes; and Model 747SP and 747SR Series Airplanes; Equipped With Pratt & Whitney JT9D-3 and -7 (Except -70) Series Engines or General Electric CF6-50 Series Engines With Modified JT9D-7 Inboard Struts
The FAA is adopting a new airworthiness directive (AD) for certain Boeing airplanes listed above. This AD requires repetitive detailed inspections of the midspar web of the inboard and/or outboard struts for cracking, disbonding, or buckling; repetitive detailed inspections of the midspar stiffeners for any crack or fracture; related investigative actions; and corrective actions, if necessary. This AD is prompted by reports of cracking in the midspar web. We are issuing this AD to detect and correct cracking in the midspar assembly, which could result in the loss of the midspar assembly load path, and could, combined with the loss of the nacelle station 180 bulkhead load path, lead to the separation of the engine from the airplane.
Airworthiness Directives; Lockheed Model 1329 Series Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain Lockheed Model 1329 series airplanes. This AD requires repetitive inspections to detect crack damage in the front spar cap assembly of the lower vertical stabilizer; reworking the spar cap doublers if no crack damage is found during any inspection; and repairing if any crack damage is found during any inspection. This AD is prompted by reports of cracks in the front spar cap assembly of the lower vertical stabilizer at box beam station 24 on the aft side of the 25% chord line. We are issuing this AD to find and fix cracks in the front spar cap assembly of the lower vertical stabilizer, which could result in rapid crack propagation and failure of the front spar cap. Failure of the front spar cap could lead to loss of rudder control and consequent reduced controllability of the airplane.
Airworthiness Directives; Airbus Model A319 and A320-200 Series Airplanes
This amendment supersedes an existing airworthiness directive (AD), applicable to certain Airbus Model A319 and A320-200 series airplanes, that currently requires repetitive inspections to detect loose, missing, or discrepant rivets in specified areas of the door frames of the overwing emergency exits; measurement of the grip length of all rivets in the specified areas; and corrective action if necessary, which terminates the repetitive inspections. This new amendment also requires an inspection for correct dimensions of the interior countersinks of the rivet holes, and related corrective action. The actions specified by this AD are intended to prevent loose, missing, or discrepant rivets, which could lead to reduced structural integrity of the door frames of the overwing emergency exits. This action is intended to address the identified unsafe condition.
Airworthiness Directives; Bombardier Model CL-215-6B11 (CL215T Variant) and CL-215-6B11 (CL415 Variant) Series Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain Bombardier Model CL-215-6B11 (CL215T variant) and CL-215-6B11 (CL415 variant) series airplanes. This AD requires replacing the mounting pad studs of the auxiliary feather pump with new, longer studs, and installing a pressure relief valve. This AD is prompted by a few incidents of external oil leaks from the oil pump of the power control unit due to a malfunction of the pressure regulating valve. We are issuing this AD to prevent fracturing of the pump body, which could result in loss of engine oil, and consequent inability to maintain engine oil pressure and to feather the propeller.
Air Quality Designations and Classifications for the Fine Particles (PM2.5) National Ambient Air Quality Standards
This rule sets forth the initial air quality designations and classifications for all areas in the United States, including Indian country, for the fine particles (PM2.5) National Ambient Air Quality Standards (NAAQS). The EPA is issuing this rule so that citizens will know whether the air quality where they live and work is healthful or unhealthful. Health studies have shown significant associations between exposure to PM2.5 and premature death from heart or lung disease. Fine particles can also aggravate heart and lung diseases and have been linked to effects such as cardiovascular symptoms, cardiac arrhythmias, heart attacks, respiratory symptoms, asthma attacks, and bronchitis. These effects can result in increased hospital emissions, emergency room visits, absences from school or work, and restricted activity days. Individuals that may be particularly sensitive to PM2.5 exposure include people with heart or lung disease, older adults, and children. This rule establishes the boundaries for areas designated as nonattainment, unclassifiable, or attainment/unclassifiable. This rule does not establish or address State and Tribal obligations for planning and control requirements that apply to nonattainment areas for the PM2.5 standards. The EPA will publish a separate rule which will set forth the planning and control requirements that apply to nonattainment areas for the PM2.5 standards.
Civil Procedures
In a proposed rule published in the Federal Register on October 12, 2004, NOAA requested comments on proposed revisions to its Civil Procedures which govern the Agency's administrative proceedings for the assessment of civil penalties; suspension, revocation, modification, or denial of permits; issuance and use of written warnings; and release or forfeiture of seized property. The comment period for the proposed rule closed on December 13, 2004. Comments addressed various issues and included requests to extend the comment period. The intent of this document is to announce the reopening of the public comment period.
Restoration to Duty From Uniformed Service or Compensable Injury; Payrates and Systems (General); Pay Under the General Schedule; Pay Administration (General); Pay Administration Under the Fair Labor Standards Act; Recruitment and Relocation Bonuses; Retention Allowances; Supervisory Differentials; Hours of Duty; and Absence and Leave
The Office of Personnel Management is issuing proposed regulations to amend the rules concerning the determination of official duty station for location-based pay entitlements, compensatory time off for religious observance, hours of work and alternative work schedules, and absence and leave. In addition, the proposed regulations are being issued to aid and support the standardization of pay policies under the e-Payroll initiative. The regulations have been rewritten and, in some instances, reordered to enhance reader understanding.
Standards Improvement Project-Phase II
The Occupational Safety and Health Administration (OSHA) through this final rule is continuing to remove and revise provisions of its standards that are outdated, duplicative, unnecessary, or inconsistent, or can be clarified or simplified by being written in plain language. The Agency completed Phase I of the Standards Improvement Project in June 1998. In this Phase II of the Standards Improvement Project, OSHA is again revising or removing a number of health provisions in its standards for general industry, shipyard employment, and construction. The Agency believes that the changes streamline and make more consistent the regulatory requirements in OSHA health and safety standards. In some cases, OSHA has made substantive revisions to requirements because they are outdated, duplicative, unnecessary, or inconsistent with more recently promulgated health standards. The Agency believes these revisions will reduce regulatory requirements for employers without reducing employee protection.
Gross Estate; Election to Value on Alternate Valuation Date
This document contains final regulations that amend Sec. 20.2032-1(b) to reflect the change made to section 2032 of the Internal Revenue Code by the Deficit Reduction Act of 1984 and the technical change to that section made by the Tax Reform Act of 1986. In addition, the final regulations remove temporary regulation Sec. 301.9100-6T(b) of the Procedure and Administration Regulations so that estates that fail to make the alternate valuation election on the last estate tax return filed before the due date of the return, or on the first estate tax return filed after the due date of the return may request an extension of time to make the election under the provisions of Sec. Sec. 301.9100-1 and 301.9100-3. The final regulations affect estates that are required to file Form 706, United States Estate (and Generation-Skipping Transfer) Tax Return.
Endangered and Threatened Species: Notice of Public Hearings on Proposed Designation of Critical Habitat for Seven Evolutionarily Significant Units of Pacific Salmon (Oncorhynchus tshawytscha
On December 10, 2004, NMFS proposed critical habitat designations for two Evolutionarily Significant Units (ESUs) of chinook salmon (Oncorhynchus tshawytscha) and five ESUs of O. mykiss (inclusive of anadromous steelhead and resident rainbow trout) in California that are listed under the Endangered Species Act of 1973. The public comment period for this proposal presently closes on February 8, 2005. In this document, NMFS is announcing that public hearings have been scheduled at four locations in California in January and early February 2005 to provide additional opportunities for the public and other interested parties to comment on the subject proposals.
Options for PM2.5
The Environmental Protection Agency is extending the comment period for the supplemental proposal that included additional options for assessing localized impacts of individual transportation projects in particulate matter (PM2.5 and PM10) nonattainment and maintenance areas and requested comment on all options proposed. The supplemental notice of proposed rulemaking was published in the Federal Register on December 13, 2004 (69 FR 72140). EPA is extending the comment period for the proposed rule to January 27, 2005.
General Services Administration Acquisition Regulation; Disputes and Appeals
The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to add a clause that supplements the Disputes clause in the Federal Acquisition Regulation (see 48 CFR Chapter 1).
Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs
The FHWA is revising the regulation that sets forth governmentwide requirements for implementing the Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act). These changes will clarify present requirements, meet modern needs and improve the service to individuals and businesses affected by Federal or federally-assisted projects while at the same time reducing the burdens of government regulations. The regulation has not been fully reviewed or updated since it was issued in 1989. These amendments to the Uniform Act regulation will affect the land acquisition and displacement activities of 18 Federal Agencies including the new Department of Homeland Security.
Exemption of Chemical Mixtures; Correction
This document corrects the Final Rule with request for comment ``Exemption of Chemical Mixtures'' [Docket No. DEA-137f2, RIN 1117- AA31] which DEA published in the Federal Register on Wednesday, December 15, 2004 (69 FR 74957). The Final Rule concerned the exemption of certain chemical mixtures containing listed chemicals from the provisions of the Controlled Substances Act.
Recordkeeping and Reporting Requirements for Drug Products Containing Gamma-Hydroxybutyric Acid (GHB)
DEA is amending its regulations to require additional recordkeeping and reporting requirements for drug products containing gamma-hydroxybutyric acid (GHB) for which an application has been approved under the Federal Food, Drug, and Cosmetic Act. DEA makes these changes under section 4 of the ``Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000.'' These additional requirements are necessary to protect against the diversion of GHB for illicit purposes.
Airworthiness Directives; Airbus Model A330-223, -321, -322, and -323 Airplanes
The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus Model A330-223, -321, -322, and -323 airplanes. This proposed AD would require repetitive inspections of the firewall of the lower aft pylon fairing (LAPF), and corrective actions if necessary. This proposed AD is prompted by reports of cracking of the LAPF firewall. We are proposing this AD to detect and correct this cracking, which could reduce the effectiveness of the firewall and result in an uncontrolled engine fire.
Nationwide Programmatic Agreement for Review Under the National Historic Preservation Act
In this document, we adopt revisions to the Federal Communications Commission's (``Commission'') rules to implement a Nationwide Programmatic Agreement (``Nationwide Agreement'') that will tailor and streamline procedures for review of certain Commission undertakings for communications facilities under section 106 of the National Historic Preservation Act of 1966 (``NHPA''). The Nationwide Agreement will tailor the section 106 review in the communications context in order to improve compliance and streamline the review process for construction of towers and other Commission undertakings, while at the same time advancing and preserving the goal of the NHPA to protect historic properties, including historic properties to which federally recognized Indian tribes, including Alaska Native Villages, and Native Hawaiian Organizations (``NHOs'') attach religious and cultural significance.
Regulation of Fuels and Fuel Additives: Modification of Anti-Dumping Baselines for Gasoline Produced or Imported for Use in Hawaii, Alaska and U.S. Territories
Today's action proposes to allow refiners and importers who produce or import conventional gasoline for use in Alaska, Hawaii, the Commonwealth of Puerto Rico and the Virgin Islands to change the way that they calculate emissions from such gasoline for purposes of calculating their conventional gasoline anti-dumping baselines and evaluating annual average emissions. Specifically, for gasoline sold in these areas, refiners and importers could elect to modify their baselines to replace the anti-dumping statutory baseline with the single seasonal statutory baseline that is most appropriate to the regional climate, and to use the seasonal component of the Complex Model that is most appropriate to the regional climate to calculate individual baselines and annual average emissions. This action would allow refiners and importers to petition EPA to use the summer statutory baseline and the summer Complex Model for all anti-dumping baseline and compliance calculations for conventional gasoline produced or imported for use in Hawaii, Puerto Rico and the Virgin Islands and would allow refiners and importers to petition EPA to use the winter statutory baseline and the winter Complex Model for all anti-dumping baseline and compliance calculations for conventional gasoline produced or imported for use in Alaska. We are proposing these actions to address certain inconsistencies in the RFG program's anti-dumping provisions which may have significant unintended negative impacts on refiners and importers who produce or import gasoline for these areas. Today's action would also extend similar seasonal baseline and compliance modifications to the provisions applicable to conventional gasoline under Gasoline Toxics, also known as the Mobile Source Air Toxics rule, or MSAT.
Control of Emissions of Hazardous Air Pollutants From Mobile Sources: Default Baseline Revision
This action proposes revised default baseline values for reformulated gasoline and conventional gasoline under EPA's mobile source air toxics (MSAT) program. EPA's final rule, Control of Emissions of Hazardous Air Pollutants From Mobile Sources (66 FR 17230, March 29, 2001), requires that the annual average toxic performance of gasoline must be at least as clean as the average performance of the gasoline produced or imported during the period 1998-2000 (known as the ``baseline period''). The baseline performance is determined separately for each refinery and importer, and the rule established default toxics baseline values for refineries that could not develop individual toxics baselines. The default toxics baseline values are based on the national average performance of gasoline during the baseline period. However, at the time of the final rule, gasoline toxics performance data were not yet available for the year 2000. Therefore, the final rule included regulations directing the EPA to revise the default toxics baseline values in the rule to reflect the entire 1998-2000 baseline period once the appropriate data became available. With this action, EPA is proposing to revise the default toxics baseline values for refineries and importers to reflect the national average toxics performance of gasoline during 1998-2000.
Tire Safety Information; Technical Amendment
This document contains a technical amendment to the Federal motor vehicle safety standard (FMVSS) No. 119, New pneumatic tires for vehicles other than passenger cars. Specifically, the amendment changes the metric value of tire speed restriction threshold from 88 km/h (55 mph) to 90 km/h (55 mph). The amendment will make FMVSS No. 119 more consistent with established tire industry protocol and labeling technology, without making any substantive changes to the standard.
Emerging Markets Program
This final rule establishes regulations applicable to the Emerging Markets Program (EMP). The regulations provide details concerning program administration, including participant eligibility, application requirements, review and allocation process, reimbursement rules and procedures, financial reporting and project evaluation requirements, appeal procedures, and program controls.
Emerald Ash Borer; Quarantined Areas
We are amending the emerald ash borer regulations by adding areas in Indiana, Michigan, and Ohio to the list of areas quarantined because of emerald ash borer. As a result of this action, the interstate movement of regulated articles from those areas is restricted. This action is necessary to prevent the artificial spread of this plant pest from infested areas in the States of Indiana, Michigan, and Ohio into noninfested areas of the United States.
Packaging and Transportation of Radioactive Material; Withdrawal of Subpart I
The Nuclear Regulatory Commission (NRC) is withdrawing a portion of a proposed rule (Subpart I, April 30, 2002; 67 FR 21390) that would have allowed certificate holders for dual-purpose (storage and transport) spent fuel casks, designated as Type B(DP) packages, to make certain design changes to the transportation package without prior NRC approval. The NRC is taking this action because it has received significant comments regarding the cost and complexity to implement the proposed change authority rule.
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135 and -145 Series Airplanes
The FAA is correcting a typographical error in an existing airworthiness directive (AD) that was published in the Federal Register on December 9, 2004 (69 FR 71339). The docket number of the final rule was incorrectly cited as FAA-2004-19767. This AD applies to all EMBRAER Model EMB-135 and -145 series airplanes. This AD requires a one-time inspection of each passenger service unit (PSU) to determine the serial number of the printed circuit board (PCB) installed in each PSU, replacement of the PCB if necessary, related investigative actions, and other specified actions.
Standards for Business Practices of Interstate Natural Gas Pipelines
The Federal Energy Regulatory Commission is proposing to amend in Docket No. RM96-1-026 its regulations governing standards for conducting business practices with interstate natural gas pipelines. The Commission is proposing to incorporate by reference the most recent version of the standards, Version 1.7, promulgated December 31, 2003, by the Wholesale Gas Quadrant (WGQ) of the North American Energy Standards Board (NAESB); the standards ratified by NAESB on June 25, 2004, to implement Order No. 2004, and the standards implementing gas quality reporting requirements ratified by NAESB on October 20, 2004. These standards can be obtained from NAESB at 1301 Fannin, Suite 2350, Houston, TX 77002, 713-356-0060, https://www.naesb.org. The Commission is also terminating a rulemaking, instituted by a Notice of Proposed Rulemaking in Docket No. RM96-1-015, issued on June 30, 2000, which examined whether the Commission should require pipelines to permit shippers to designate and rank the contracts under which gas flows on their systems.
Standards of Conduct for Transmission Providers
The Federal Energy Regulatory Commission (Commission) generally reaffirms its determinations in Order Nos. 2004, 2004-A and 2004-B and grants rehearing and clarifies certain provisions. Order Nos. 2004 et seq. require all natural gas and public utility Transmission Providers to comply with Standards of Conduct that govern the relationship between the natural gas and public utility Transmission Providers and all of their Energy Affiliates. In this order, the Commission addresses the requests for rehearing and/or clarification of Order No. 2004-B. The Commission grants rehearing, in part, denies rehearing, in part, and provides clarification of Order No. 2004-B.
Standardization of Generator Interconnection Agreements and Procedures
The Federal Energy Regulatory Commission (Commission) affirms, with certain clarifications, the fundamental determinations in Order No. 2003-A.
Airworthiness Directives; Rolls-Royce Corporation (formerly Allison Engine Company, Allison Gas Turbine Division, and Detroit Diesel Allison) 250-B and 250-C Series Turboprop and Turboshaft Engines
The FAA is adopting a new airworthiness directive (AD) for Rolls-Royce Corporation (RRC) 250-B and 250-C series turboprop and turboshaft engines with certain part numbers (P/Ns) of compressor adaptor couplings manufactured by Alcor Engine Company (Alcor), EXTEX Ltd. (EXTEX), RRC, and Superior Air Parts (SAP) installed. This AD requires operators to remove from service affected compressor adaptor couplings. This AD results from nine reports of engine shutdown caused by coupling failure. We are issuing this AD to reduce the risk of failure of the compressor adaptor coupling and subsequent loss of all engine power.
Adjustment of Civil Monetary Penalties for Inflation
The Department of Education (Department) issues these final regulations to adjust the Department's civil monetary penalties (CMPs) for inflation.
Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; 2005 and 2006 Summer Flounder Specifications; 2005 Scup and Black Sea Bass Specifications
NMFS issues final specifications for the 2005 and 2006 summer flounder fisheries and for the 2005 scup and black sea bass fisheries, and makes preliminary adjustments to the 2005 commercial quotas for these fisheries. This final rule specifies allowed harvest limits for both commercial and recreational fisheries, including scup possession limits. This action prohibits federally permitted commercial vessels from landing summer flounder in Delaware in 2005. Regulations governing the summer flounder fishery require publication of this notification to advise the State of Delaware, Federal vessel permit holders, and Federal dealer permit holders that no commercial quota is available for landing summer flounder in Delaware in 2005. This action also makes changes to the regulations regarding the commercial scup fishery. The intent of this action is to establish allowed 2005 harvest levels and other measures to attain the target fishing mortality (F) or exploitation rates, as specified for these species in the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP), and to reduce bycatch and improve the efficiency of the commercial scup fishery.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands; Seasonal Closure of Grammanik Bank
NMFS issues this temporary final rule to implement interim measures recommended by the Caribbean Fishery Management Council (Council). This rule prohibits fishing for or possessing any species of fish, except highly migratory species, within the Grammanik Bank closed area on a temporary basis (see DATES). The intended effect of this rule is to protect a yellowfin grouper spawning aggregation and to reduce overfishing.
Atlantic Highly Migratory Species; Bluefin Tuna Fisheries
NMFS has determined that a reopening of the coastwide General category Atlantic bluefin tuna (BFT) fishery is warranted. In addition, NMFS has determined that a BFT quota transfer from the Atlantic tunas Purse seine category to the Reserve category is warranted. These actions are being taken to ensure that U.S. BFT harvest is consistent with recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), pursuant to the Atlantic Tunas Convention Act (ATCA), and to meet domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act) and the Fishery Management Plan for Atlantic Tunas, Swordfish and Sharks (HMS FMP).
Bovine Spongiform Encephalopathy; Minimal-Risk Regions and Importation of Commodities
We are amending the regulations regarding the importation of animals and animal products to establish a category of regions that present a minimal risk of introducing bovine spongiform encephalopathy (BSE) into the United States via live ruminants and ruminant products and byproducts, and we are adding Canada to this category. We are also establishing conditions for the importation of certain live ruminants and ruminant products and byproducts from such regions. These actions will continue to protect against the introduction of BSE into the United States while removing unnecessary prohibitions on the importation of certain commodities from minimal-risk regions for BSE, currently only Canada.
Endangered and Threatened Wildlife and Plants; Final Rule To Designate Critical Habitat for the Santa Ana Sucker (Catostomus santaanae
We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the threatened Santa Ana sucker (Catostomus santaanae) pursuant to the Endangered Species Act of 1973, as amended (Act). This species is now restricted to three noncontiguous populations in three different stream systems in southern California: The lower and middle Santa Ana River in San Bernardino, Riverside, and Orange counties; the East, West, and North Forks of the San Gabriel River in Los Angeles County; and lower Big Tujunga Creek, a tributary of the Los Angeles River in Los Angeles County. We have identified 23,719 acres (ac) (9,599 hectares (ha)) of aquatic and riparian habitats essential to the conservation of the Santa Ana sucker. We are designating two areas in Los Angeles County, one along the San Gabriel River (Unit 2) and the other along the Big Tujunga Creek (Unit 3) as critical habitat for Santa Ana sucker. These units encompass approximately 8,305 ac (3,361 ha) of essential habitat for the Santa Ana sucker within Los Angeles County. Essential habitat for the Santa Ana sucker in Orange, Riverside, and San Bernardino counties has been excluded from the final critical habitat designation, because we have concluded that the benefits of excluding these lands from critical habitat designation outweigh the benefits of their inclusion pursuant to section 4(b)(2) of the Act.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Monkfish Fishery; Amendment 2 to the Monkfish Fishery Management Plan
NMFS announces that the New England Fishery Management Council (NEFMC) and the Mid-Atlantic Fishery Management Council (MAFMC) have submitted Amendment 2 to the Monkfish Fishery Management Plan (FMP) (Amendment 2) incorporating the draft Final Supplemental Environmental Impact Statement (FSEIS), Regulatory Impact Review (RIR), and the Initial Regulatory Flexibility Analysis (IRFA), for Secretarial review and is requesting comments from the public. Amendment 2 was developed to address essential fish habitat (EFH) and bycatch issues, and to revise the FMP to address several issues raised during the public scoping process. The intent of this action is to provide efficient management of the monkfish fishery and to meet conservation objectives.
Approval and Promulgation of Implementation Plans for Kentucky: Inspection and Maintenance Program Removal for Jefferson County, KY; Source-Specific Nitrogen Oxides Emission Rate for Kosmos Cement Kiln
EPA is proposing to approve a revision to the Jefferson County, Kentucky portion of the Kentucky State Implementation Plan (SIP) which requests removal of three regulations from the active portion of the Kentucky SIP related to the Jefferson County inspection and maintenance (I/M) program. Kentucky requested in a September 22, 2003, SIP revision that these I/M regulations be moved to the contingency measures section of the Kentucky portion of the Louisville 1-Hour Ozone Maintenance Plan. EPA is also proposing to approve a source-specific SIP revision amending the nitrogen oxides (NOX) emission rate for Kosmos Cement Company's cement kiln as contained in a May 3, 2004, Board Order submitted on May 26, 2004, as a supplemental package to the September 2003 SIP revision.
Approval and Promulgation of Implementation Plans; Texas; Victoria County Maintenance Plan Update
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Texas Commission on Environmental Quality (TCEQ) on February 18, 2003, concerning the Victoria County 1-hour ozone maintenance area. This SIP revision satisfies the Clean Air Act requirement as amended in 1990 for the second 10-year update to the Victoria County 1-hour ozone maintenance area.
Approval and Promulgation of Implementation Plans; Texas; Victoria County Maintenance Plan Update
EPA is taking direct final action approving a State Implementation Plan (SIP) revision submitted by the Texas Commission on Environmental Quality (TCEQ) on February 18, 2003, concerning the Victoria County 1-hour ozone maintenance area. This SIP revision satisfies the Clean Air Act requirement as amended in 1990 for the second 10-year update to the Victoria County 1-hour ozone maintenance area.
Expanded Authority for Cross-Program Recovery of Benefit Overpayments
To implement part of the Social Security Protection Act of 2004 (SSPA), we are revising our rules on the recovery of overpayments incurred under one of our programs from benefits payable to the overpaid individual under other programs we administer. Provisions of the SSPA expand the authority for cross-program recovery of overpayments made in our various programs. Implementation of these regulatory revisions when they become effective will yield significant program savings. Although we are issuing these rules as final rules, we are also requesting comments on certain material changes from the proposed rules we previously published concerning expanded cross-program recovery. These changes would allow us to use cross-program recovery if: an individual is no longer receiving benefits under a particular program but is making regular monthly installments to refund an overpayment previously received under that program; or an individual is receiving monthly payments under a particular program and we are recovering a previous overpayment made under that program by adjusting the amount of those monthly benefits. We will not implement these changes before we consider comments which we receive by the date provided below and publish a document in the Federal Register. If we determine that any further changes in these sections are warranted, we will publish revised rules. See ``Additional Changes'' in the SUPPLEMENTARY INFORMATION section for further discussion.
Pipeline Safety: Random Drug Testing Rate
Each year pipeline operators randomly select employees to test for prohibited drugs. The number of selections may not be less than the minimum annual percentage rate the Research and Special Programs Administration's (RSPA) Office of Pipeline Safety (OPS) determines, either 50 percent or 25 percent of covered employees, based on the industry's positive rate of random tests. In accordance with applicable standards, RSPA/OPS has determined that the positive rate of random drug tests reported by operators this calendar year for testing done in calendar year 2003 is less than 1.0 percent. Therefore, in calendar year 2005, the minimum annual percentage rate for random drug testing is 25 percent of covered employees.
Civil Monetary Penalties-Adjustments for Inflation; Correction
This document contains corrections to the final regulations published in the Federal Register on December 23, 2003. The regulations related to inflation adjustments in fines and other civil monetary penalties that are mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended.
Statement of Policy Regarding Treasurers Subject to Enforcement Proceedings
The Commission is issuing a Policy Statement to clarify when, in the course of an enforcement proceeding (known as a Matter Under Review or ``MUR''), a treasurer is subject to Commission action in his or her official or personal capacity, or both. Under this policy, when the Commission investigates alleged violations of the Federal Election Campaign Act, as amended, the Presidential Election Campaign Fund Act, and the Presidential Primary Matching Payment Account Act (collectively ``the Act'' or ``FECA'') involving a political committee, the treasurer will typically be subject to Commission action only in his or her official capacity. However, when information indicates that a treasurer has knowingly and willfully violated a provision of the Act or regulations, or has recklessly failed to fulfill duties specifically imposed on treasurers by the Act, or has intentionally deprived himself or herself of the operative facts giving rise to the violation, the Commission will consider the treasurer to have acted in a personal capacity and make findings (and pursue conciliation) accordingly. This Policy Statement also addresses situations in which treasurers are subject to Commission action in both their official and personal capacities, and situations where successor treasurers are named. The goal in adopting this policy is to clarify when a treasurer is subject to Commission action in a personal or official capacity, while at the same time preserving the Commission's ability to obtain an appropriate remedy that will satisfactorily resolve enforcement matters, or to seek relief in court, if necessary, against a live person. Importantly, the policy is grounded in the statutory obligations specifically imposed on treasurers and well-established legal distinctions between official and personal capacity proceedings.
Airworthiness Directives; Boeing Model 747-200B, 747-200C, 747-200F, 747-300, and 747SR Series Airplanes Equipped with General Electric (GE) CF6-45 or -50 Series Engines
The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 747-200B, 747-200C, 747-200F, 747-300, and 747SR series airplanes, equipped with GE CF6-45 or -50 series engines. This proposed AD would require modifying the side cowl assemblies on the engines by replacing existing wear plates with new extended wear plates and installing new stop fittings. This proposed AD is prompted by reports of a gap at the interface of the lower portion of the side cowl and the aft flange of the thrust reverser. We are proposing this AD to prevent an excessive quantity of air from entering the fire zone that surrounds the engine, which in the event of an engine fire, could result in an inability to control or extinguish the fire.
Airworthiness Directives; Boeing Model 767-200, -300, and -300F Series Airplanes
This document corrects an error that appeared in airworthiness directive (AD) 2004-22-25, which was published in the Federal Register on November 9, 2004 (69 FR 64839). The error resulted in the incorrect reference to cable spacers. This AD is applicable to certain Boeing Model 767-200, -300, and -300F series airplanes. This AD requires a one-time inspection for discrepancies of all wire bundles, including certain power feeder cables, of the electrical system in the forward cargo compartment ceiling at certain stations; and corrective actions if necessary.
Airworthiness Directives; Saab Model SAAB SF340A and SAAB 340B Series Airplanes
This document corrects a typographical error that appeared in airworthiness directive (AD) 2004-24-06 that was published in the Federal Register on November 30, 2004 (69 FR 69505). The typographical error resulted in incorrect reference to certain main landing gear (MLG) part numbers as retract actuator bracket attachment bolt (RABAB) part numbers. This AD is applicable to certain Saab Model SAAB SF340A and SAAB 340B series airplanes. This AD requires replacement of the RABAB of the MLG with a new RABAB; reidentification of the MLG shock strut; an inspection for corrosion, fretting, or other damage of certain RABABs; and applicable corrective actions.
Airworthiness Directives; Bell Helicopter Textron Canada Model 222, 222B, 222U, 230, and 430 Helicopters
This amendment adopts a new airworthiness directive (AD) for the specified Bell Helicopter Textron (BHTC) model helicopters. This action requires certain checks and inspections of the tail rotor blades. If a crack is found, before further flight, this AD requires replacing the tail rotor blade (blade) with an airworthy blade. This amendment is prompted by three reports of cracked blades found during scheduled inspections. The actions specified in this AD are intended to detect a crack in the blade and prevent loss of a blade and subsequent loss of control of the helicopter.
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