February 1, 2005 – Federal Register Recent Federal Regulation Documents

Application of Pesticides to Waters of the United States in Compliance With FIFRA
Document Number: 05-1868
Type: Proposed Rule
Date: 2005-02-01
Agency: Environmental Protection Agency
On August 13, 2003, the Environmental Protection Agency (EPA) published a notice in the Federal Register soliciting public comment on an Interim Statement and Guidance to address issues pertaining to coverage under the Clean Water Act (CWA) of pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) that are applied to or over waters of the United States. The interpretation addressed two sets of circumstances for which EPA has determined that the application of a pesticide to waters of the United States consistent with all relevant requirements of FIFRA does not constitute the discharge of a pollutant that requires a National Pollutant Discharge Elimination System (NPDES) permit under the CWA. EPA is announcing today the interpretive statement developed after consideration of public comments. In this notice, EPA is also proposing to revise the NPDES permit program regulations to incorporate the substance of the interpretive statement.
Approval and Promulgation of Implementation Plans; Wallula, Washington PM10
Document Number: 05-1867
Type: Proposed Rule
Date: 2005-02-01
Agency: Environmental Protection Agency
EPA is proposing to approve Washington's State Implementation Plan for the Wallula, Washington serious nonattainment area for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10). Initially Wallula was classified as a moderate nonattainment area for PM10 pursuant to the Clean Air Act Amendments of 1990. In 2001, it was reclassified as a serious nonattainment area for PM10. As a result, Washington was required to submit a serious area plan for bringing the area into attainment. This action proposes to approve the Wallula serious area plan dated November 15, 2004 and submitted to EPA on November 30, 2004.
Effluent Limitations Guidelines, Pretreatment Standards, and New Source Performance Standards for the Transportation Equipment Cleaning Point Source Category
Document Number: 05-1862
Type: Rule
Date: 2005-02-01
Agency: Environmental Protection Agency
EPA is taking direct final action to correct a typographical error in the Effluent Limitations Guidelines, Pretreatment Standards, and New Source Performance Standards for the Transportation Equipment Cleaning Point Source Category. The regulatory language of the Pretreatment Standards for New Sources in the existing regulation refers to ``any existing source'' when it should say ``any new source.'' EPA is amending the language to correct this error.
Effluent Limitations Guidelines, Pretreatment Standards, and New Source Performance Standards for the Transportation Equipment Cleaning Point Source Category
Document Number: 05-1861
Type: Proposed Rule
Date: 2005-02-01
Agency: Environmental Protection Agency
EPA is proposing to amend the Effluent Limitations Guidelines, Pretreatment Standards, and New Source Performance Standards for the Transportation Equipment Cleaning Point Source Category. This action proposes to correct a typographical error in the regulatory language of the Pretreatment Standards for New Sources in the existing regulation which refers to ``any existing source'' when it should say ``any new source.'' In the ``Rules and Regulations'' section of the Federal Register, we are amending the regulatory language of the Pretreatment Standards for New Sources in the existing regulation as a direct final rule without prior proposal because we view this as a noncontroversial revision and anticipate no adverse comment. We have explained our reasons for this revision in the preamble to the direct final rule. If we receive no adverse comment, we will not take further action on this proposed rule. If we receive adverse comment, we will withdraw the direct final rule and it will not take effect. We will address all public comments in a subsequent final rule based on this proposed rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. The regulatory text for the proposal is identical to that for the direct final rule published in the Rules and Regulations section of this Federal Register. For further supplementary information, see the direct final rule.
Revision of Search and Examination Fees for Patent Cooperation Treaty Applications Entering the National Stage in the United States
Document Number: 05-1850
Type: Rule
Date: 2005-02-01
Agency: Department of Commerce, Patent and Trademark Office
Among other changes to patent and trademark fees, the Consolidated Appropriations Act, 2005 (Consolidated Appropriations Act), splits the national fee for Patent Cooperation Treaty (PCT) applications entering the national stage into a separate national fee, search fee and examination fee, during fiscal years 2005 and 2006. The Office is in this notice reducing the search fee and examination fee for certain PCT applications entering the national stage. The Office has implemented the changes to the patent fees provided in the Consolidated Appropriations Act in a separate final rule.
Airworthiness Directives; Aerospatiale Model ATR42-200, -300, and -320 Series Airplanes
Document Number: 05-1809
Type: Proposed Rule
Date: 2005-02-01
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Aerospatiale Model ATR42-200, -300, and -320 series airplanes. This proposed AD would require doing repetitive inspections of the upper arms of the MLG side braces for missing or inadequately bonded identification plates; replacing the upper arm if necessary; and replacing the side brace assembly with a modified part. This proposed AD is prompted by an operator who reported experiencing an unlock warning for the MLG on the right side of the airplane. We are proposing this AD to prevent cracking of the upper arms of the side braces of the MLG, which could result in failure of the MLG during landing and possible damage to the airplane and injury to the flightcrew and passengers.
Airworthiness Directives; Bombardier Model DHC-8-102, -103, -106, -201, -202, -301, -311, and -315 Airplanes
Document Number: 05-1808
Type: Proposed Rule
Date: 2005-02-01
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier Model DHC-8-102, -103, -106, -201, -202, -301, - 311, and -315 airplanes. The subject of this proposed AD is the pilot's static system. This proposed AD would require revising the airplane flight manual to include applicable procedures to follow when the flightcrew receives abnormal indications of airspeed, altitude, or vertical airspeed. This proposed AD would also require modifying the static system. This proposed AD is prompted by a report of a leak in the static pressure system, which could result in loss of the static systems and consequent erroneous data displayed on the pilot's flight instruments. We are proposing this AD to advise the flightcrew of applicable procedures in the event of abnormal indications of airspeed, altitude, or vertical airspeed; and to prevent leaks in the static system, which could result in the loss of critical flight information that could result in reduced controllability of the airplane or controlled flight into terrain.
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135 and -145 Series Airplanes
Document Number: 05-1807
Type: Proposed Rule
Date: 2005-02-01
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain EMBRAER Model EMB-135 and -145 series airplanes. This proposed AD would require repetitive detailed inspections for surface bruising of the main landing gear (MLG) trailing arms and integrity of the MLG pivot axle sealant, and corrective actions if necessary. This proposed AD would also provide for optional terminating action for the repetitive inspections. This proposed AD is prompted by a report of a fractured axle of the trailing arm of the MLG due to corrosion of the axle. We are proposing this AD to prevent a broken trailing arm and consequent failure of the MLG, which could lead to loss of control and damage to the airplane during take-off or landing.
Airworthiness Directives; Airbus Model A330, A340-200, and A340-300 Series Airplanes
Document Number: 05-1806
Type: Proposed Rule
Date: 2005-02-01
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus Model A330, A340-200, and A340-300 series airplanes. This proposed AD would require inspecting to determine the part number and serial number of the left- and right-hand elevator assemblies, performing related investigative and corrective actions if necessary, and re-protecting the elevator assembly. This proposed AD is prompted by reports that areas on the top skin panel of the right-hand elevator have disbonded due to moisture penetration. We are proposing this AD to prevent disbonding of the elevator assembly, which could reduce the structural integrity of the elevator and result in reduced controllability of the airplane.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Closure
Document Number: 05-1802
Type: Rule
Date: 2005-02-01
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS closes the commercial run-around gillnet fishery for king mackerel in the exclusive economic zone (EEZ) in the southern Florida west coast subzone. This closure is necessary to protect the Gulf king mackerel resource.
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 630 of the Gulf of Alaska
Document Number: 05-1801
Type: Rule
Date: 2005-02-01
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for pollock in Statistical Area 630 of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the first seasonal allowance of the pollock interim total allowable catch (TAC) for Statistical Area 630 of the GOA.
Gulf of Mexico Fishery Management Council; Public Hearings
Document Number: 05-1800
Type: Proposed Rule
Date: 2005-02-01
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Gulf of Mexico Fishery Management Council (Council) will hold a series of public hearings to receive public comments on ``Amendment Number 13 to the Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico, U.S. Waters with Environmental Assessment, Regulatory Impact Review, and Regulatory Flexibility Act Analysis.''
Add Malaysia to List of Regions in Which Highly Pathogenic Avian Influenza Subtype H5N1 Is Considered To Exist
Document Number: 05-1796
Type: Rule
Date: 2005-02-01
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the regulations concerning the importation of animals and animal products by adding Malaysia to the list of regions in which highly pathogenic avian influenza (HPAI) subtype H5N1 is considered to exist. We are taking this action because there has been an outbreak of HPAI subtype H5N1 in Malaysia. This action is necessary to prevent the introduction of HPAI subtype H5N1 into the United States.
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-120 Series Airplanes
Document Number: 05-1795
Type: Proposed Rule
Date: 2005-02-01
Agency: Federal Aviation Administration, Department of Transportation
This document revises an earlier proposed airworthiness directive (AD), applicable to certain EMBRAER Model EMB-120 series airplanes that would have required initial and repetitive calibration testing of potentiometers to detect noisy signals and replacement of only those with noisy signals. This new action revises the proposed AD by reducing the compliance time for the repetitive calibration testing of the potentiometers and adding the requirement for reporting results of the calibration tests of the potentiometers and the readouts of the flight data recorder (FDR) to the airplane manufacturer. The actions specified by this new proposed AD are intended to prevent the potentiometers that provide information on the positions of the primary flight controls to the FDR from transmitting noisy signals or becoming improperly calibrated, resulting in the transmission of incomplete or inaccurate data to the FDR. This lack of reliable data could hamper discovery of the unsafe condition that caused an accident or incident and prevent the FAA from developing and mandating actions to prevent additional accidents or incidents caused by that same unsafe condition. This action is intended to address the identified unsafe condition.
Airworthiness Directives; Boeing Model 747 Airplanes
Document Number: 05-1794
Type: Proposed Rule
Date: 2005-02-01
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Boeing Model 747-100, -200, - 300, and 747SP series airplanes. The existing AD currently requires certain inspections to find missing or alloy-steel taperlock fasteners (bolts) in the diagonal brace underwing fittings, and corrective actions if necessary. For airplanes with missing or alloy-steel fasteners, the existing AD also mandates replacement of certain fasteners with new fasteners, which constitutes terminating action for certain inspections. This proposed AD would expand the applicability to include additional airplane models and would require a new inspection to determine fastener material and to find missing or broken fasteners, and related investigative/corrective actions if necessary. This proposed AD is prompted by reports indicating that cracked fasteners made of A286 material were found on airplanes that had only fasteners made of A286 material installed in the area common to the diagonal brace underwing fittings. We are proposing this AD to prevent loss of the underwing fitting load path due to missing or damaged alloy-steel or A286 taperlock fasteners, which could result in separation of the engine and strut from the airplane.
Airworthiness Directives; Saab Model SAAB 2000 Series Airplanes
Document Number: 05-1793
Type: Proposed Rule
Date: 2005-02-01
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Saab Model SAAB 2000 series airplanes. This proposed AD would require a one-time inspection to detect a broken terminal stud on a main relay of the electrical power generator, and corrective action if necessary. This proposed AD is prompted by disconnection of an electrical power generator during an inspection flight, which was caused by a broken terminal stud on the main relay. We are proposing this AD to prevent a broken terminal stud on the main relay of an electrical power generator, which could reduce the redundancy of electrical power systems, result in increased pilot workload, and contribute to reduced controllability of the airplane.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List a Karst Meshweaver, Cicurina cueva
Document Number: 05-1765
Type: Proposed Rule
Date: 2005-02-01
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list a karst meshweaver (spider), Cicurina cueva (no common name), under the Endangered Species Act of 1973, as amended (Act) with critical habitat. We find that the petition presented substantial scientific and commercial data indicating that listing Cicurina cueva may be warranted. Therefore, we are initiating a status review to determine if listing the species is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial information regarding this species.
Drawbridge Operation Regulations; Gulf Intracoastal Waterway-Bayou Boeuf, Amelia, LA
Document Number: 05-1762
Type: Rule
Date: 2005-02-01
Agency: Coast Guard, Department of Homeland Security
The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the BNSF RR Swing Bridge across Bayou Boeuf, mile 10.2, at Amelia, St. Mary Parish, LA. This deviation allows the bridge to remain closed to navigation for six hours per day Monday through Thursday from February 28 until March 31, 2005. The deviation is necessary to remove and replace the cross ties on the bridge.
Quarterly Listings; Safety Zones, Security Zones, Special Local Regulations and Regulated Navigation Areas
Document Number: 05-1761
Type: Rule
Date: 2005-02-01
Agency: Coast Guard, Department of Homeland Security
This document provides required notice of substantive rules issued by the Coast Guard and temporarily effective between October 1, 2004 and December 31, 2004, that were not published in the Federal Register. This quarterly notice lists temporary special local regulations, security zones, safety zones, and regulated navigation areas, all of limited duration for which timely publication in the Federal Register was not possible.
Security Zone; Potomac and Anacostia Rivers, Washington, DC and Arlington and Fairfax Counties, VA
Document Number: 05-1760
Type: Rule
Date: 2005-02-01
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary security zone encompassing the waters of the Potomac and Anacostia Rivers in order to safeguard high-ranking public officials from terrorist acts and incidents. This action is necessary to ensure the safety of persons and property, and prevent terrorist acts or incidents. This rule prohibits vessels and people from entering the security zone and requires vessels and persons in the security zone to depart the security zone, unless specifically exempt under the provisions in this rule or granted specific permission from the Coast Guard Captain of the Port Baltimore.
Moving and Fixed Security Zone: Port of Fredericksted, Saint Croix, U.S. Virgin Islands
Document Number: 05-1754
Type: Proposed Rule
Date: 2005-02-01
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to establish a moving and fixed security zone around cruise ships entering, departing, mooring or anchoring at the Port of Fredericksted in Saint Croix, U.S. Virgin Islands. These proposed regulations are designed to protect cruise ships at this port. All vessels, with the exception of cruise ships, would be prohibited from entering a moving and fixed security zone around each cruise ship without the express permission of the Captain of the Port San Juan or designated representative.
Moving and Fixed Security Zone: Port of Fredericksted, Saint Croix, U.S. Virgin Islands
Document Number: 05-1753
Type: Rule
Date: 2005-02-01
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary moving and fixed security zone around cruise ships entering, departing, mooring or anchoring at the Port of Fredericksted in Saint Croix, U.S. Virgin Islands. This temporary final rule is a security measure designed to protect cruise ships at this port. All vessels, with the exception of cruise ships, are prohibited from entering the moving and fixed security zone around a cruise ship without the express permission of the Captain of the Port San Juan or a designated representative.
Section 1374 Effective Dates; Correction
Document Number: 05-1734
Type: Rule
Date: 2005-02-01
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document corrects temporary regulations (TD 9170) that were published in the Federal Register on Wednesday, December 22, 2004 (69 FR 76612), that provide guidance concerning the applicability of section 1374 to S corporations that acquire assets in carryover basis transactions from C corporations on or after December 27, 1994, and to certain corporations that terminate S corporation status and later elect again to become S corporations.
Repositionable Notes on Letter and Flat Sized Mailpieces
Document Number: 05-1699
Type: Rule
Date: 2005-02-01
Agency: Postal Service, Agencies and Commissions
The Postal Service is implementing an experimental classification, Repositionable Notes (RPNs), as a one-year provisional service allowing mailers to attach a reusable self-adhesive message note to the outside envelope or paper cover of discount First-Class Mail, Standard Mail, or Periodicals rate mailpieces for a fee. RPNs add impact, value, and ultimately a greater return on investment for direct mailers by calling attention to a product or service. This enhanced value to direct mail will provide an opportunity for the Postal Service to drive the growth of direct mail.
Endangered and Threatened Wildlife and Plants; Exclusion of U.S. Captive-Bred Scimitar-Horned Oryx, Addax, and Dama Gazelle From Certain Prohibitions
Document Number: 05-1698
Type: Proposed Rule
Date: 2005-02-01
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to amend the regulations promulgated under the Endangered Species Act (ESA or Act) (16 U.S.C. 1531 et seq.) to add a new subsection to govern certain activities with U.S. captive-bred populations of three antelope species that have been proposed for listing as endangered, should they become listed. These specimens are the scimitar-horned oryx (Oryx dammah), addax (Addax nasomaculatus), and dama gazelle (Gazella dama). For U.S. captive-bred live specimens, embryos, gametes, and sport- hunted trophies of these three species, this proposed rule would authorize certain otherwise prohibited activities that enhance the propagation or survival of the species. International trade in specimens of these species will continue to require permits under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). We have prepared a draft Environmental Assessment of the impact of this proposed rule under regulations implementing the National Environmental Policy Act of 1969 (NEPA). The Service seeks data and comments from the public on this proposed rule and the draft Environmental Assessment.
Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for the Salt Creek Tiger Beetle (Cicindela nevadica lincolniana
Document Number: 05-1669
Type: Proposed Rule
Date: 2005-02-01
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to list the Salt Creek tiger beetle (Cicindela nevadica lincolniana) as endangered under the authority of the Endangered Species Act of 1973, as amended (Act). The Salt Creek tiger beetle, a member of the family Cicindelidae, is endemic to the saline wetlands of eastern Nebraska and associated streams in the northern third of Lancaster County and southern margin of Saunders County in Nebraska, where it is found in barren salt flat and saline stream edge habitats. Of six known populations in 1991, three are now extirpated and the remaining three are small and highly threatened by further habitat destruction, degradation, and fragmentation. These three small populations of Salt Creek tiger beetles are vulnerable to local extirpations from random natural events and human-induced activities. This proposal, if made final, would extend Federal protection and recovery provisions of the Act to the Salt Creek tiger beetle.
Department of Homeland Security Human Resources Management System
Document Number: 05-1629
Type: Rule
Date: 2005-02-01
Agency: Office of Personnel Management, Department of Homeland Security
The Department of Homeland Security (DHS or the Department) and the Office of Personnel Management (OPM) are issuing final regulations to establish a new human resources management system within DHS, as authorized by the Homeland Security Act of 2002. The affected subsystems include those governing basic pay, classification, performance management, labor relations, adverse actions, and employee appeals. These changes are designed to ensure that the Department's human resources management system aligns with its critical mission requirements without compromising the statutorily protected civil service rights of its employees.
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