January 2005 – Federal Register Recent Federal Regulation Documents

Background and Security Investigations in Proceedings Before Immigration Judges and the Board of Immigration Appeals
Document Number: 05-1782
Type: Rule
Date: 2005-01-31
Agency: Department of Justice
This rule amends Department regulations governing removal and other proceedings before immigration judges and the Board of Immigration Appeals when a respondent has applied for particular forms of immigration relief allowing the alien to remain in the United States (including, but not limited to, asylum, adjustment of status to that of a lawful permanent resident, cancellation of removal, and withholding of removal), in order to ensure that the necessary identity, law enforcement, and security investigations are promptly initiated and have been completed by the Department of Homeland Security prior to the granting of such relief.
Fisheries of the Northeastern United States; Atlantic Herring Fishery
Document Number: 05-1744
Type: Proposed Rule
Date: 2005-01-31
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes specifications for the 2005 Atlantic herring fishery, which would be maintained through 2006 unless stock and fishery conditions change substantially. The regulations for the Atlantic herring fishery require NMFS to publish specifications for the upcoming year and to provide an opportunity for public comment. The intent of the specifications is to conserve and manage the Atlantic herring resource and provide for a sustainable fishery. NMFS also proposes one clarification to the Atlantic herring regulations, which would remove references to the dates on which the proposed and final rules for the annual specifications must be published.
Solicitation of Comments on First Use of Rules Applicable to Negotiated Service Agreements
Document Number: 05-1732
Type: Proposed Rule
Date: 2005-01-31
Agency: Postal Rate Commission, Agencies and Commissions
This document addresses the solicitation of comments in a proceeding to consider potential changes to the Commission rules for considering functionally equivalent Negotiated Service Agreements. These comments will be used to evaluate whether improvements should be made to the rules to facilitate the Commission's review of future requests predicated on functionally equivalent Negotiated Service Agreements.
Airworthiness Directives; Airbus Model A319, A320, and A321 Series Airplanes
Document Number: 05-1725
Type: Proposed Rule
Date: 2005-01-31
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus Model A319, A320, and A321 series airplanes. This proposed AD would require replacing the cargo ventilation extraction duct at frame 65 with a new duct, and relocating the temperature sensor in the aft cargo compartment. This proposed AD is prompted by a report indicating that, during a test of the fire extinguishing system, air leakage around the temperature sensor for the aft cargo compartment reduced the concentration of fire extinguishing agent to below the level required to suppress a fire. We are proposing this AD to prevent air leakage around the temperature sensor for the aft cargo compartment, which, in the event of a fire in the aft cargo compartment, could result in an insufficient concentration of fire extinguishing agent, and consequent inability of the fire extinguishing system to suppress the fire.
Loan Guaranty: Prepurchase Counseling Requirements
Document Number: 05-1712
Type: Proposed Rule
Date: 2005-01-31
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) published a proposed rule in the Federal Register on October 11, 2001 (66 FR 51893) to amend its loan guaranty regulations that set forth underwriting standards for VA guaranteed loans. We had proposed to require first-time homebuyers to complete homeownership counseling and to add a compensating factor for certain veterans who do not fully meet VA's underwriting standards. However, the proposed rule and comments have been superseded by recently-adopted requirements established by the Department of Defense mandating such counseling for all enlistees and by VA's decision to provide a link to the Government National Mortgage Association (Ginnie Mae's) Homeownership Information Center, which provides a wide array of information for homebuyers pertaining to the homebuying process, mortgage affordability, loan calculators, credit counseling, etc. Accordingly, this document hereby withdraws the proposed rule.
Relocation of National Cemetery Administration Regulations
Document Number: 05-1705
Type: Rule
Date: 2005-01-31
Agency: Department of Veterans Affairs
Previously the regulations administered by the National Cemetery Administration (NCA) of the Department of Veterans Affairs (VA) were set forth in Part 1 of Title 38 of the Code of Federal Regulations. Recently, NCA was assigned Part 38 of Title 38 for its regulations. Accordingly, we are moving the regulations administered by NCA and located in Part 1 to new Part 38. We have made non-substantive changes to headings of regulations, but we have not made any changes to the text other than conforming changes to section numbers.
Time Limit for Requests for De Novo
Document Number: 05-1704
Type: Proposed Rule
Date: 2005-01-31
Agency: Department of Veterans Affairs
In a document published in the Federal Register at 67 FR 10866 on March 11, 2002, the Department of Veterans Affairs (VA) proposed to amend its adjudication regulations concerning the time a claimant has in which to request a de novo review of a decision at the Veterans Service Center level after filing a Notice of Disagreement. This document withdraws that proposed rule.
Interconnection for Wind Energy and Other Alternative Technologies
Document Number: 05-1693
Type: Proposed Rule
Date: 2005-01-31
Agency: Department of Energy, Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission (Commission) is proposing to amend its regulations to require public utilities to append to the standard large generator interconnection agreement in their open access transmission tariffs (OATTs) specific technical requirements for the interconnection of large wind generation.
DNA Sample Collection From Federal Offenders Under the Justice for All Act of 2004
Document Number: 05-1691
Type: Rule
Date: 2005-01-31
Agency: Department of Justice
The Department of Justice is publishing this interim rule to implement section 203(b) of Pub. L. 108-405, the Justice for All Act of 2004. The Justice for All Act of 2004 authorizes the Department of Justice to treat offenses in certain specified categories as qualifying Federal offenses for purposes of DNA sample collection. This rule amends regulations to reflect new categories of Federal offenses subject to DNA sample collection. The Justice for All Act amendment added ``[a]ny felony'' as a specified offense category in 42 U.S.C. 14135a(d)thereby permitting the collection of DNA samples from all convicted Federal felons. This rule includes the new ``any felony'' category and does not change the coverage of misdemeanors in certain categories already included under prior law.
Premerger Notification; Reporting and Waiting Period Requirements
Document Number: 05-1679
Type: Rule
Date: 2005-01-31
Agency: Federal Trade Commission, Agencies and Commissions
The Commission is amending the premerger notification rules (``the rules'') to reflect adjustment and publication of reporting thresholds as required by the 2000 amendments \1\ to Section 7A of the Clayton Act, 15 U.S.C. 18a, as added by the Hart-Scott-Rodino Antitrust Improvements Act of 1976, Public Law 94-935, 90 Stat. 1390 (``the Act.''). The Act requires all persons contemplating certain mergers or acquisitions, which meet or exceed the jurisdictional thresholds in the Act, to file notification with the Federal Trade Commission (``the Commission'') and the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice (``the Assistant Attorney General'') and to wait a designated period of time before consummating such transactions. The reporting and waiting period requirements are intended to enable these enforcement agencies to determine whether a proposed merger or acquisition may violate the antitrust laws if consummated and, when appropriate, to seek a preliminary injunction in Federal court to prevent consummation.
Prescreen Opt-Out Disclosure
Document Number: 05-1678
Type: Rule
Date: 2005-01-31
Agency: Federal Trade Commission, Agencies and Commissions
The Fair and Accurate Credit Transactions Act of 2003 (``FACT Act'' or ``Act'') directs the Federal Trade Commission (``FTC'' or ``Commission''), in consultation with the Federal banking agencies and the National Credit Union Administration, to adopt a rule to improve the required notice to consumers regarding their right to opt out of prescreened solicitations for credit or insurance. This final rule implements this requirement.
Proposed Expansion of the Russian River Valley Viticultural Area (2003R-144T)
Document Number: 05-1667
Type: Proposed Rule
Date: 2005-01-31
Agency: Alcohol and Tobacco Tax and Trade Bureau, Department of Treasury, Department of the Treasury
The Alcohol and Tobacco Tax and Trade Bureau has received a petition proposing the expansion of the existing Russian River Valley viticultural area in Sonoma County, California. The proposed 30,200- acre expansion would increase the size of this viticultural area to 126,200 acres. We designate viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. We invite comments on this proposed amendment to our regulations.
Carrying Candidates in Elections
Document Number: 05-1661
Type: Rule
Date: 2005-01-31
Agency: Federal Aviation Administration, Department of Transportation
This final rule allows an aircraft operator, other than one operating an aircraft as an air carrier or commercial operator, to receive payment for carrying a candidate seeking office in a State or local election during a campaign. Current regulations allow aircraft operators to receive payment for carrying candidates seeking office in Federal elections during a campaign without the aircraft operator having to meet the safety standards applicable to air carriers and other commercial operators. This rule meets a Congressional mandate that the FAA amend its rules to allow aircraft operators who transport State and local candidates for compensation, to do so without having to comply with FAA safety rules applicable to air carriers and other commercial operators.
Approval and Promulgation of Implementation Plans; New York; Low Emission Vehicle Program
Document Number: 05-1630
Type: Rule
Date: 2005-01-31
Agency: Environmental Protection Agency
The Environmental Protection Agency is approving a New York State State Implementation Plan (SIP) revision to revise its existing low emission vehicle (LEV) program. The State's revision adopts California's second generation low emission vehicle program for light- duty vehicles (LEV II). New York has revised its LEV rule to include a non-methane hydrocarbon standard and various administrative and grammatical changes to make its existing LEV rule identical to California's LEV II program. The intended effect of this rulemaking is to approve a control strategy which will result in emissions reductions that will help achieve attainment of national ambient air quality standards for ozone.
Airworthiness Directives; McDonnell Douglas Model MD-11 and MD-11F Airplanes
Document Number: 05-1557
Type: Rule
Date: 2005-01-31
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain McDonnell Douglas Model MD-11 and MD-11F airplanes. This AD requires inspecting the power feeder cables of the auxiliary power unit (APU) for chafing damage, and accomplishing any related corrective action. This AD also requires modifying the drain line of the fuel feed shroud of the horizontal stabilizer. This AD is prompted by a report of the drain line of the fuel feed shroud riding on the power feeder cables of the APU. We are issuing this AD to prevent chafing of the power feeder cables of the APU, which could result in electrical arcing to adjacent structure and consequent fire in the airplane.
Airworthiness Directives; Boeing Model 757 Series Airplanes Equipped With Rolls Royce Model RB211 Engines
Document Number: 05-1517
Type: Rule
Date: 2005-01-31
Agency: Federal Aviation Administration, Department of Transportation
This amendment adopts a new airworthiness directive (AD), applicable to certain Boeing Model 757 series airplanes, that requires repetitive detailed inspections of the support brackets and associated fasteners for the hydraulic lines located in the nacelle struts, and related investigative and corrective actions as necessary. This action also provides an optional terminating action for the repetitive inspections. This action is necessary to prevent flammable fluids from leaking into the interior compartment of the nacelle struts where ignition sources exist, which could result in the ignition of flammable fluids and an uncontained fire. This action is intended to address the identified unsafe condition.
Airworthiness Directives; McDonnell Douglas Model MD-11 and MD-11F Airplanes Equipped With Pratt & Whitney PW4000 Series Engines
Document Number: 05-1516
Type: Rule
Date: 2005-01-31
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain McDonnell Douglas Model MD-11 and MD-11F airplanes equipped with Pratt & Whitney PW4000 series engines. This AD requires, for each engine, replacing, with a tube assembly, the existing hose assembly that connects the oil pressure transmitter to the main oil circuit. This AD is prompted by a report indicating that, for each engine, the existing hose assembly does not meet zero-flow fireproof capability requirements. We are issuing this AD to prevent, if there is an engine fire, failure of the oil pressure indicator and the low-oil pressure warning, which could result in an unannounced shutdown of that engine; and oil leakage, which may feed the engine fire.
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ Series Airplanes
Document Number: 05-1515
Type: Rule
Date: 2005-01-31
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain EMBRAER Model EMB-135BJ series airplanes. This AD requires modifying the electrical wiring for the ``stick pusher'' system. This AD is prompted by a report that the stick pushers are not being inhibited when the AP/PUSH/TRIM switches are activated, which can result in reduced controllability of the airplane if there is a system malfunction. We are issuing this AD to prevent reduced controllability of the airplane if the stick pusher system malfunctions.
Airworthiness Directives; Gippsland Aeronautics Pty. Ltd. Model GA8 Airplanes
Document Number: 05-1511
Type: Rule
Date: 2005-01-31
Agency: Federal Aviation Administration, Department of Transportation
The FAA adopts a new airworthiness directive (AD) for certain Gippsland Aeronautics Pty. Ltd. Model GA8 airplanes. This AD requires you to inspect the pilot and co-pilot control column wheels and aileron cable operating arm shafts for damage and, if damage is found, to repair the shafts or to replace the steel shafts with bronze shafts. We are issuing this AD to detect and correct damage of the pilot and co- pilot control wheels and aileron cable operating arm shafts. This damage could result in the aileron controls becoming stiff or locking, which could lead to loss of control of the airplane.
Milk in the Northeast Marketing Area; Decision on Proposed Amendments to Marketing Agreement and to Order
Document Number: 05-1410
Type: Proposed Rule
Date: 2005-01-31
Agency: Agricultural Marketing Service, Department of Agriculture
This decision proposes to permanently adopt changes in provisions of the Northeast marketing area contained in a Recommended Decision published in the Federal Register on March 25, 2004, with one minor modification. This document is subject to approval by producers by referendum.
Procedures To Govern the Use of Satellite Earth Stations on Board Vessels in the 5925-6425 MHz/3700-4200 MHz Bands and 14.0-14.5 GHz/11.7-12.2 GHz Bands
Document Number: 05-1359
Type: Rule
Date: 2005-01-31
Agency: Federal Communications Commission, Agencies and Commissions
This document is a summary of the Report and Order adopted by the Commission in this proceeding. The Commission adopted licensing and service rules for satellite earth stations on vessels (ESVs) in the C- and Ku-bands that will provide regulatory certainty to ESV licensees, while protecting existing users in the bands. The new rules will further the Commission's goal of promoting market-based deployment of broadband technologies.
Administrative Costs for Children in Title IV-E Foster Care
Document Number: 05-1307
Type: Proposed Rule
Date: 2005-01-31
Agency: Department of Health and Human Services, Administration for Children and Families, Children and Families Administration
The Administration for Children and Families (ACF) is proposing to amend the regulations for Child and Family Services with respect to title IV-E administrative costs and eligibility determinations and re-determinations for title IV-E foster care recipients and foster care ``candidates.'' This Notice of Proposed Rule Making (NPRM) proposes rules to implement title IV-E foster care eligibility and administrative cost provisions in sections 472 and 474 of the Social Security Act (the Act) and incorporates previously issued policy guidance.
Modification of Class E Airspace; Coffeyville, KS
Document Number: C5-971
Type: Rule
Date: 2005-01-28
Agency: Federal Aviation Administration, Department of Transportation
Airworthiness Directives; Raytheon Aircraft Company Beech 100, 200, and 300 Series Airplanes
Document Number: C5-716
Type: Rule
Date: 2005-01-28
Agency: Federal Aviation Administration, Department of Transportation
Pistachios Grown in California; Delay of the Effective Date for Aflatoxin, Size and Quality Requirements
Document Number: C5-182
Type: Rule
Date: 2005-01-28
Agency: Agricultural Marketing Service, Department of Agriculture, Federal Aviation Administration, Department of Transportation
Drawbridge Operation Regulations; Christina River, Wilmington, DE
Document Number: 05-1660
Type: Rule
Date: 2005-01-28
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is changing the regulations that govern the operation of the Norfolk Southern (NS) Railroad Bridge across Christina River, at mile 1.4, in Wilmington, DE. The bridge will remain open for vessel traffic, closing only for train crossings and periodic maintenance by an operator at a remote location. The final rule will maintain the bridge's current level of operational capabilities and continue to provide for the reasonable needs of rail transportation and vessel navigation.
Drawbridge Operation Regulations; Biscayne Bay, Atlantic Intracoastal Waterway, Miami River, and Miami Beach Channel, Miami-Dade County, FL
Document Number: 05-1659
Type: Rule
Date: 2005-01-28
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is temporarily changing the regulations governing the operation of the east and west spans of the Venetian Causeway bridges across the Miami Beach Channel on the Atlantic Intracoastal Waterway, the Miami Avenue bridge and the Brickell Avenue bridge across the Miami River, Miami-Dade County. This temporary rule allows these bridges to remain in the closed position during the running of the Miami Tropical Marathon on January 30, 2005.
Drawbridge Operation Regulations: Newtown Creek, Dutch Kills, English Kills, and Their Tributaries, NY
Document Number: 05-1658
Type: Rule
Date: 2005-01-28
Agency: Coast Guard, Department of Homeland Security
The Commander, First Coast Guard District, has issued a temporary deviation from the drawbridge operation regulations for the Metropolitan Avenue Bridge, mile 3.4, across English Kills at New York City, New York. Under this temporary deviation the bridge may remain closed on the following days: February 14 through February 15; February 24 through February 25; March 3 through March 4; March 10 through March 11; March 17 through March 18; and March 24 through March 25, 2005. This temporary deviation is necessary to facilitate bridge maintenance.
Drawbridge Operation Regulation; Houma Navigation Canal, Houma, LA
Document Number: 05-1657
Type: Proposed Rule
Date: 2005-01-28
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to change the regulation governing the operation of the SR 661 (Houma Nav Canal) swing bridge across the Houma Navigation Canal, mile 36.0, in Houma, Louisiana. An increase in traffic during the noontime time period has facilitated a request to allow the bridge to remain closed to navigation for two (2), 30-minute periods in the middle of the day. These closures will allow local workers to transit the area with minimal delays during the noontime lunch period.
Drawbridge Operation Regulation; Gulf Intracoastal Waterway, Houma, LA
Document Number: 05-1654
Type: Proposed Rule
Date: 2005-01-28
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to change the regulation governing the operation of the SR 315 (Bayou Dularge) bascule bridge across the Gulf Intracoastal Waterway, mile 59.9 west of Harvey Lock, in Houma, Louisiana. An increase in traffic during the noontime time period has facilitated a request to allow the bridge to remain closed to navigation for two (2), 30-minute periods in the middle of the day. These closures will allow local workers to transit the area with minimal delays during the noontime lunch period.
School Bus Operations; Amendment of Tripper Service Definition
Document Number: 05-1644
Type: Proposed Rule
Date: 2005-01-28
Agency: Federal Transit Administration, Department of Transportation
This document withdraws the rulemaking in which the Federal Transit Administration (FTA) proposed to amend its tripper service definition to clarify which student transportation operations are inconsistent with FTA requirements. The rulemaking is being withdrawn because after consideration of the comments, FTA has concluded that no regulatory clarification is necessary.
Quinoxyfen; Pesticide Tolerances for Emergency Exemptions
Document Number: 05-1638
Type: Rule
Date: 2005-01-28
Agency: Environmental Protection Agency
This regulation establishes time-limited tolerances for residues of quinoxyfen in or on vegetable, cucurbit, subgroup 9A; pumpkin; and squash, winter. This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on melons, winter squash, and pumpkins. This regulation establishes a maximum permissible level for residues of quinoxyfen in these food commodities. These tolerances will expire and are revoked on December 31, 2007.
Approval and Promulgation of Maintenance Plan Revisions; Michigan
Document Number: 05-1634
Type: Proposed Rule
Date: 2005-01-28
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve a December 19, 2003 request from Michigan for a State Implementation Plan (SIP) revision of the Southeast Michigan carbon monoxide (CO) maintenance plan. The CO maintenance plan revision establishes a new on-road emissions inventory for the years 1996 and 2010. The revision also establishes a new transportation conformity motor vehicle emissions budget (MVEB) for the year 2010. The emission inventory and MVEB updates are designed to maintain the National Ambient Air Quality Standards (NAAQS) for CO as required by the CAA. In the final rules section of this Federal Register, EPA is approving the SIP revision as a direct final rule without prior proposal, because EPA views this as a noncontroversial revision and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If we do not receive any adverse comments in response to these direct final and proposed rules, we do not contemplate taking any further action in relation to this proposed rule. If EPA receives adverse comments, we will withdraw the direct final rule and will respond to all public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time.
Approval and Promulgation of Maintenance Plan Revisions; Michigan
Document Number: 05-1633
Type: Rule
Date: 2005-01-28
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is approving a December 19, 2003 request from Michigan for a State Implementation Plan (SIP) revision of the Southeast Michigan carbon monoxide (CO) maintenance plan. The CO maintenance plan revision establishes a new on-road emissions inventory for the years 1996 and 2010. The revision also establishes a new transportation conformity motor vehicle emissions budget (MVEB) for the year 2010. The emission inventory and MVEB updates are designed to maintain the National Ambient Air Quality Standards (NAAQS) for CO as required by the Clean Air Act (CAA).
Bifenazate; Pesticide Tolerances for Emergency Exemptions
Document Number: 05-1624
Type: Rule
Date: 2005-01-28
Agency: Environmental Protection Agency
This regulation establishes time-limited tolerances for the combined residues of bifenazate in or on timothy hay and timothy forage. This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on timothy. This regulation establishes a maximum permissible level for residues of bifenazate in these feed commodities. These tolerances will expire and are revoked on December 31, 2007.
National Institutes of Health Training Grants
Document Number: 05-1621
Type: Proposed Rule
Date: 2005-01-28
Agency: Department of Health and Human Services, National Institutes of Health
The National Institutes of Health (NIH) proposes to amend the existing regulations governing its training grants to reflect applicability of the regulations to institutional training grants supporting pediatric research training.
Asian Longhorned Beetle; Addition to Quarantined Areas
Document Number: 05-1615
Type: Rule
Date: 2005-01-28
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the Asian longhorned beetle regulations by adding portions of Middlesex and Union Counties, NJ, to the list of quarantined areas and restricting the interstate movement of regulated articles from those areas. This action is necessary to prevent the artificial spread of the Asian longhorned beetle into noninfested areas of the United States.
Nectarines and Peaches Grown in California; Hearing on Proposed Amendment of Marketing Agreement Nos. 124 and 85 and Order Nos. 916 and 917
Document Number: 05-1614
Type: Proposed Rule
Date: 2005-01-28
Agency: Agricultural Marketing Service, Department of Agriculture
Notice is hereby given of a public hearing to receive evidence on proposed amendments to Marketing Agreement Nos. 124 and 85 and Orders Nos. 916 and 917, which regulate the handling of nectarines and peaches grown in California. The amendments are jointly proposed by the Nectarine Administrative Committee (NAC), the Peach Commodity Committee, and the Control Committee (part of M.O. No. 917) (committees), which are responsible for local administration of orders 916 and 917. The proposed amendments to order 917 only apply to peaches. The pear provisions of the order have been suspended since 1994. Because the Pear Commodity Committee and the pear provisions are suspended, the Pear Commodity Committee did not participate in any amendment discussions. The amendments would: update definitions and districts in both orders; increase committee membership of the NAC from eight to thirteen members and modify sections of the order to conform to the increased membership; eliminate the Shippers Advisory Committee (M.O. No. 916); allow the Control Committee under M.O. No. 917 to be suspended if the provisions of one commodity are suspended and transfer applicable duties and responsibilities to the remaining commodity committee; authorize interest and late payment charges on assessments paid late; add authority to recommend different quality and size regulations for different market destinations; and other related amendments. All of the proposals are intended to streamline industry organization and improve the administration, operation, and functioning of the programs.
Regulatory Flexibility Act; Amended Plan for Reviewing Regulations Under Section 610 Requirements
Document Number: 05-1613
Type: Proposed Rule
Date: 2005-01-28
Agency: Department of Agriculture, Food Safety and Inspection Service
The Food Safety and Inspection Service (FSIS) is publishing an amended scheduling plan for reviewing regulations under Section 610 of the Regulatory Flexibility Act, as amended. These provisions require that all Federal agencies review existing regulations that have a significant economic impact on a substantial number of small entities to determine whether the associated impact can be minimized.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Catching Pacific Cod for Processing by the Inshore Component in the Central Regulatory Area of the Gulf of Alaska
Document Number: 05-1611
Type: Rule
Date: 2005-01-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific cod by vessels catching Pacific cod for processing by the inshore component in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2005 interim total allowable catch (TAC) of Pacific cod apportioned to vessels catching Pacific cod for processing by the inshore component of the Central Regulatory Area of the GOA.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Trip Limit Increase
Document Number: 05-1610
Type: Rule
Date: 2005-01-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS increases the trip limit in the commercial hook-and-line fishery for king mackerel in the Florida east coast subzone from 50 to 75 fish per day in or from the exclusive economic zone (EEZ). This trip limit increase is necessary to maximize the socioeconomic benefits of the quota.
Radio Broadcasting Services; Centre Hall, Huntingdon, Mount Union, PA
Document Number: 05-1606
Type: Rule
Date: 2005-01-28
Agency: Federal Communications Commission, Agencies and Commissions
The Audio Division, at the request of Megahertz Licenses, LLC, licensee of FM Stations WXMJ, Channel 258A, Mount Union, Pennsylvania, and WLLY, Channel 292A, Huntingdon, Pennsylvania, deletes Channel 292A at Huntingdon, Pennsylvania, and Channel 258A at Mount Union, Pennsylvania, from the FM Table of Allotments, allots Channel 258A at Centre Hall, Pennsylvania, as the community's first local FM service, allots Channel 292A at Mount Union, Pennsylvania, modifies the license of FM Stations WXMJ to specify operation on Channel 258A at Centre Hall, Pennsylvania, and modifies the License of FM Station WLLY to specify operation Channel 292A at Mount Union. Channel 258A can be allotted to Centre Hall, Pennsylvania, in compliance with the Commission's minimum distance separation requirements without site restriction at center city reference coordinates. The coordinates for Channel 258A at Centre Hall, Pennsylvania, are 40-50-50 North Latitude and 77-51-41 West Longitude. Channel 292A can be allotted to Mount Union, Pennsylvania with a site restriction of 14.5 km (9.0 miles) south of Mount Union. The coordinates for Channel 292A at Mount Union, Pennsylvania, are 40-15-18 North Latitude and 77-51-41 West Longitude. Centre Hall, Mount Union, and Huntingdon, Pennsylvania, all are located within 320 kilometers (199 miles) of the Canadian border, and therefore Canadian concurrence in the allotment changes will be required. Although concurrence has been requested for these allotment changes, notification has not been received. If a construction permit is granted for Centre Hall or Mount Union prior to the receipt of formal concurrence in the corresponding channel allotment by the Canadian government, the construction permit will include the following condition. ``Operation with the facilities specified for [Centre Hall or Mount Union] herein is subject to modification, suspension, or termination without right to hearing, if found by the Commission to be necessary in order to conform to the USA-Canada FM Broadcast Agreement.''
Radio Broadcasting Services; Blanchard, Elmore City, Weatherford and Wynnewood, OK
Document Number: 05-1605
Type: Rule
Date: 2005-01-28
Agency: Federal Communications Commission, Agencies and Commissions
The Audio Division, at the request of Wright Broadcasting Systems, Inc., licensee of FM Station KWEY, Channel 247C1, Weatherford, Oklahoma, deletes Channel 247C1 at Weatherford, Oklahoma, from the FM Table of Allotments, allots Channel 247A at Blanchard, Oklahoma, as the community's first local FM service, and modifies the license of FM Station KWEY to specify operation on Channel 247A at Blanchard. Channel 247A can be allotted to Blanchard, Oklahoma, in compliance with the Commission's minimum distance separation requirements with a site restriction of 2.1 km (1.3 miles) southwest of Blanchard. The coordinates for Channel 247A at Blanchard, Oklahoma, are 35-07-21 North Latitude and 97-40-18 West Longitude.
Radio Broadcasting Services; Corydon and Lanesville, IN
Document Number: 05-1604
Type: Rule
Date: 2005-01-28
Agency: Federal Communications Commission, Agencies and Commissions
In response to a Notice of Proposed Rule Making, 69 FR 60604 (October 12, 2004), this document reallots Channel 243A from Corydon, Indiana, to Lanesville, Indiana, and modifies the license of Station WGZB-FM accordingly. The coordinates for Channel 243A at Lanesville are 38-12-52 North Latitude and 86-01-00 West Longitude, with a site restriction of 3.68 kilometers (2.29 miles) southwest of the community.
Airworthiness Directives; McDonnell Douglas Model DC-8-33 and -43 Airplanes; Model DC-8F-54 and DC-8F-55 Airplanes; and Model DC-8-50, -60, -60F, -70, and -70F Series Airplanes
Document Number: 05-1588
Type: Proposed Rule
Date: 2005-01-28
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to supersede an existing airworthiness directive (AD) for certain McDonnell Douglas series airplanes. That AD currently requires repetitive inspections of the electrical connectors of the explosive cartridge wiring of the engine fire extinguisher containers to verify if the identification number labels are installed and legible; repetitive electrical tests of all explosive cartridge wiring of the engine fire extinguisher containers to verify proper installation and function; and corrective actions if necessary. This proposed AD would also require an inspection of the emergency shut off wire assembly; installation of lanyards on the electrical connectors for the engine fire extinguishing agent containers and for the auxiliary power unit fire extinguishing agent containers if applicable; and related investigative/corrective actions, as applicable. This proposed AD is prompted by reports of cross-wired electrical connectors of the engine fire extinguishing agent containers. We are proposing this AD to detect and correct cross-wired electrical connectors of the fire extinguishing system, which could release fire extinguishing agent into the incorrect engine nacelle in the event of an engine fire.
Airworthiness Directives; Boeing Model 757-200, -200PF, and -300 Series Airplanes, Powered by Pratt & Whitney PW2000 Series Engines
Document Number: 05-1587
Type: Proposed Rule
Date: 2005-01-28
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 757 series airplanes. This proposed AD would require repetitive inspections for loose or damaged components of the support brackets and associated fasteners for the hydraulic lines located in the nacelle struts, and any related investigative and corrective actions. This proposed AD is prompted by reports of damage and subsequent failure of the support brackets and associated fasteners for the hydraulic lines located internal to the upper fairing cavity of the nacelle struts. We are proposing this AD to prevent flammable fluids from leaking into the interior compartment of the nacelle struts where ignition sources exist, which could result in the ignition of flammable fluids and an uncontained fire.
Airworthiness Directives; Boeing Model 757-200, -200PF, and -200CB Series Airplanes Equipped With Pratt & Whitney or Rolls Royce Engines
Document Number: 05-1586
Type: Proposed Rule
Date: 2005-01-28
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 757-200, -200PF, and -200CB series airplanes. This proposed AD would require inspecting to determine the part number of the upper link forward fuse pins of the engine struts; and replacing the fuse pins as necessary. This proposed AD is prompted by a report indicating that, due to an incorrect listing in the illustrated parts catalog, persons performing maintenance on the engine strut(s) could have installed an incorrect upper link forward fuse pin. We are proposing this AD to prevent a ruptured wing box, due to the engine not separating safely during certain emergency landing conditions, which could lead to a fuel spill and consequent fire.
Airworthiness Directives; Boeing Model 747-200B, -200C, -200F, and -400F Series Airplanes
Document Number: 05-1584
Type: Proposed Rule
Date: 2005-01-28
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 747 series airplanes. This proposed AD would require repetitive detailed inspections for cracks in the crease beam and adjacent structure of the fuselage, and related investigative and corrective actions if necessary. This proposed AD is prompted by fatigue cracks found in the crease beam during a follow-on inspection of a previously installed modification. We are proposing this AD to find and fix fatigue cracking of the fuselage frame, which could result in reduced structural integrity of the frame and consequent rapid decompression of the airplane.
Nondiscrimination on the Basis of Disability in Air Travel
Document Number: 05-1562
Type: Proposed Rule
Date: 2005-01-28
Agency: Office of the Secretary, Department of Transportation
The Department is extending through March 4, 2005, the period for interested persons to submit comments to its proposed rule to amend regulations implementing the Air Carrier Access Act.
Drawbridge Operation Regulations: Newtown Creek, Dutch Kills, English Kills, and Their Tributaries, NY
Document Number: 05-1561
Type: Rule
Date: 2005-01-28
Agency: Coast Guard, Department of Homeland Security
The Commander, First Coast Guard District, has issued a temporary deviation from the drawbridge operation regulations for the Metropolitan Avenue Bridge, mile 3.4, across English Kills at New York City, New York. Under this temporary deviation the bridge may remain closed from 6 a.m. to midnight on the following days: January 19 through January 21; January 26 through January 28; and January 31 through February 5, 2005. This temporary deviation is necessary to facilitate bridge maintenance.
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