February 2, 2005 – Federal Register Recent Federal Regulation Documents

The FAA proposes to rule and invites public comment on the application to impose and use the revenue from a PFC at Key West International Airport under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the Federal Aviation Regulations (14 CFR Part 158).

This action amends Title 14 Code of Federal Regulations, part 71 (14 CFR 71) by revising Class E airspace areas at Rolla/Vichy, MO. A review of the Class E airspace surface area and the Class E airspace area extending upward from 700 feet above ground level (AGL) at Rolla/ Vichy, MO reveals neither area complies with criteria for extensions nor reflects the current Rolla National Airport airport reference point (APR). Also, the legal descriptions of both area are not in proper format. These airspace areas and their legal descriptions are modified to conform to the criteria in FAA Orders.

The Federal Aviation Administration (FAA) announces May 1, 2005, as the deadline for each airport sponsor to notify the FAA that it will use its fiscal year 2005 entitlement funds to accomplish projects identified in the Airports Capital Improvement Plan that was formulated in the spring of 2004.

This notice announces the issuance of Advisory Circular (AC) 23.1523. This Advisory Circular (AC) sets forth one method that may be used to show compliance to the requirements contained within 14 CFR, part 23, 23.1523, which prescribes the certification requirements for minimum flight crew on part 23 airplanes. This AC is one method that can be used to determine workload factors and issues for normal, utility, acrobatic and commuter category airplanes. Material in this AC is neither mandatory nor regulatory in nature and does not constitute a regulation. This material is a reference for part 23 airplane manufacturers, modifiers, Federal Aviation Administration (FAA) design evaluation engineers, flight test engineers, engineering flight test pilots [Aircraft Certification Office (ACO), and Flight Standards, and Manufacturers] as well as human factors engineering evaluators. This material may be used by FAA authorized designees to perform workload evaluations. This AC encourages participation and coordination from all the test community participants described above. This AC is consistent with the flight test guidance and workload factors described in the minimum flight crew evaluation sections and workload factors described in AC 23-8B. This AC is an acceptable means of showing compliance for part 23 on flight tests and pilot judgments. The draft advisory circular was issued for Public Comment on July 2, 2004 (69 FR 40451). When possible, comments received were used to modify the draft advisory circular.

Pursuant to section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969 as implemented by the Council on Environmental Quality (CEQ) regulations (40 CFR parts 1500-1508), the Port Authority of Guam and the U.S. Army Corps of Engineers hereby give notice of intent to prepare a Environmental Impact Statement (EIS) for proposed wharf improvements and fill at Apra Harbor, Guam. Under a Federal grant from the U.S. Department of Commerce Economic Development Administration, the Port Authority of Guam is proposing modifications to Apra Harbor for the purpose of improving maritime access and services to the island of Guam. The harbor is in need of improvements to meet anticipated future demands of the island's commercial port operations by providing additional cargo container storage area, and berthing facilities capable of accommodating the newest generation of large deep draft container vessels, and cruise ships. The proposed improvements would also provide contingency berthing facilities for U.S. Navy military vessels. The U.S. Army Corps of Engineers will be the lead agency in preparing the EIS. The EIS will provide an analysis of potential impacts to the environment from the proposed modifications to Apra Harbor, in compliance with NEPA and CEQ regulations.

The National Strategy to Secure Cyberspace, issued by the Office of the President in February of 2003 required the Federal Government to conduct a comprehensive review of the National Information Assurance Partnership (NIAP) to determine the extent to which it is adequately addressing the continuing problem of security flaws in commercial software products. The Department of Defense (DoD) and the Department of Homeland Security (DHS) were tasked with conducting the review on behalf of the Federal government. In an effort to ensure a comprehensive review of the subject, DoD and DHS seek public comment on the issues that should be considered before completing this review.

The Surface Transportation Board proposes to adopt 1.035 (3.5%) as the measure of average change in railroad productivity for the 1999-2003 (5-year) period. The current value of 2.2% was developed for the 1998 to 2002 period.

Section 4d(a)(2) of the Commodity Exchange Act (``CEA'') and related Commission regulations (hereinafter collectively referred to as ``segregation requirements'') require that, among other things, all funds deposited with a futures commission merchant (``FCM'') to purchase, margin, guarantee, or secure futures or commodity options transactions and all accruals thereon (``customer funds'' or ``customer margin'') be accounted for separately, be held for the benefit of customers and deposited under an account name that clearly identifies them as such, and not be commingled with the FCM's own funds,\1\ Further, the Division of Clearing and Intermediary Oversight (``Division'') has construed these provisions to prohibit any impediments or restrictions upon an FCM's ability to obtain immediate access to customer funds.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that the U.S. Institute for Environmental Conflict Resolution (the U.S. Institute), part of the Morris K. Udall Foundation, is planning to submit six Information Collection Requests (ICRs) to the Office of Management and Budget (OMB). Five of the six ICRs are for revisions to currently approved collections due to expire 06/30/2005 (OMB control numbers 3320-0003, 3320-0004, 3320-2005, 3320-0006, and 3320-0007). One ICR pertains to a new collection request. The six ICRs are being consolidated under a single filing to provide a more coherent picture of information collection activities designed primarily to measure performance. The proposed collections are necessary to support program evaluation activities. The collection is expected neither to have a significant economic impact on respondents, nor to affect a substantial number of small entities. The average cost (in lost time) per respondent is estimated to be 0.16 hours/6.18 dollars. Before submitting the ICRs to OMB for review and approval, the U.S. Institute is soliciting comments on specific aspects of the proposed information collection as described at the beginning of the section labeled ``Supplementary Information.''

This notice announces that the Information Collection Request for Adult Education Annual Report Form, OMB Control No. 1076-0120, requires renewal. The information collection requirement, with no appreciable changes, is submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act of 1995.

The Federal Election Commission requests comments on the proposed revision of the definition of ``agent'' for its regulations on coordinated and independent expenditures, and non-Federal funds, which are commonly referred to as ``soft money.'' Current Commission regulations define agent as ``any person who has actual authority, either express or implied'' to perform certain actions. This definition does not include persons acting only with apparent authority. The Commission's regulations defining agent were challenged in Shays v. FEC. The District Court held that the Commission's definitions of agent did not necessarily run contrary to Congress's intent and were based on a permissible construction of the statute. However, the court also held that the Commission had not provided adequate explanation of its decision to exclude from the definition of agent persons acting only with apparent authority and therefore had not satisfied the reasoned analysis requirement of the Administrative Procedures Act. The court remanded the regulations to the Commission for further action consistent with the court's opinion. Accordingly, in order to comply with the court's decision, the Commission now revisits the definition of agent by issuing this Notice of Proposed Rulemaking. No final decision has been made by the Commission on the issues presented in this rulemaking. Further information is provided in the supplementary information that follows.

BPA File No. TR-06. BPA requests that all comments and documents intended to become part of the Official Records in this proceeding contain the file number designation TR-06. BPA's existing transmission and ancillary services rates expire September 30, 2005. BPA will establish transmission and ancillary service rates in this proceeding for the period from October 2005 through September 2007, fiscal years (``FY'') 2006 and 2007 (``2006- 2007 Rate Period''). BPA's Transmission Business Line (``TBL'') held several public meetings with customers over the period July through September 2004 to discuss transmission costs, revenues, and rate design issues for the 2006-2007 Rate Period. The customers expressed interest in meeting with TBL to develop a settlement for the 2006-2007 Rate Period. Continued meetings between October and early December resulted in a Settlement Agreement. TBL's initial rate proposal (``Initial Proposal'') reflects the terms of the Settlement Agreement.

ACCSH will meet February 17, 2005, in Rosemont, IL. This meeting is open to the public. Time and Date: ACCSH will meet from 9:30 a.m. to 1:30 p.m., Thursday, February 17, 2005. Place: ACCSH will meet at the Holiday Inn Select O'Hare, 10233 West Higgins Road, Rosemont, IL 60018.

The Rural Utilities Service (RUS) is adopting regulations implementing its financial assistance programs for rural communities with extremely high energy costs. These programs are authorized under section 19 of the Rural Electrification Act of 1936, as amended. This direct final rule is intended to establish and clarify eligibility and application requirements, the review and approval process, and grant administration procedures for RUS grants to rural communities with extremely high energy costs and for grants to State entities for bulk fuel revolving loan funds. This publication of these rules will assure timely and effective distribution of grant funds to eligible rural communities and State entities.

Notice is hereby given in accordance with the Federal Advisory Commission Act, 5 U.S.C. App. 1, section 10(a)(2), that a meeting of the Jimmy Carter National Historic Site Advisory Commission will be held on February 4, 2005, from 8:30 a.m. to 3 p.m. This notice lacks the customary 15-day public notification period due to conflicts with President Carter's schedule.

The Alcohol and Tobacco Tax and Trade Bureau proposes to establish the 38,000-acre ``Covelo'' viticultural area in Mendocino County, California, about 150 miles north of San Francisco. 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 addition to our regulations.

The Yakutat Resource Advisory Committee will meet in Yakutat, Alaska. The purpose of the meeting is continue business of the Yakutat Resource Advisory Committee. The committee was formed to carry out the requirements of the Secure Rural Schools and Self-Determination Act of 2000. The agenda for this meeting is to review submitted project proposals and consider recommending projects for funding. Project proposals are due by February 14, 2005, to be considered at this meeting.

This notice announces three consultation meetings that will be held to obtain oral and written comments concerning (1) a proposed policy on fiduciary trust records management for Self-Determination (Title I) and Self-Governance (Title IV) Tribes/Consortia; and (2) proposed language to be negotiated as part of the 2006 Title I and Title IV funding agreements regarding fiduciary trust records management. These meetings support the Department of the Interior's (Department's) administrative policy on tribal consultation by encouraging maximum direct participation of representatives of tribal governments, tribal organizations and other interested persons on important Departmental issues and processes. In developing the proposed policy and language, the Department had pre-scoping telephone conversations with tribal leaders and staff; held a scoping meeting as part of a 2-day conference on Indian trust records management; formed a Tribal Fiduciary Trust Records Management Workgroup; held four workgroup meetings; transmitted a tribal leader letter soliciting comments on the proposed policy language to be presented for consultation; and engaged in discussions with tribal leaders and staff at the Fall Self-Governance Conference. The proposed policy and language incorporates many valuable comments received to date. The upcoming consultation will provide another opportunity for Indian tribes and interested parties to comment on proposed federal policy and funding agreement language regarding fiduciary trust records management for Title I and Title IV Tribes/Consortia. Once final decisions are made regarding the policy and the funding agreement language, guidance will be provided to the Director, Bureau of Indian Affairs and the Director, Office of Self-Governance and Self- Determination regarding language to be negotiated as part of the 2006 Title I and Title IV funding agreements regarding fiduciary trust records management.

The Enforcement Bureau (Bureau) gives notice of Inter-tel Technologies, Inc.'s (Inter-Tel) suspension from the schools and libraries universal service support mechanism. In addition, the Bureau gives notice that debarment proceedings are commencing against Inter- tel.

This action adopts the interim final rule published on December 6, 2002, as a final rule with changes. The IFR imposed statutory requirements from the Aging Aircraft Safety Act of 1991 for certain airplanes to undergo inspections and records reviews after their 14th year in service and at specified intervals after that. Also, the rule imposed a requirement to include supplemental inspections by specified deadlines in the maintenance programs for these airplanes. With this action, the FAA responds to comments to the IFR, further clarifies parts of the rule language, and substantially revises the supplemental inspection requirements.

The FAA adopts a new airworthiness directive (AD) for all Pacific Aerospace Corporation, Ltd. (Pacific Aerospace) Model 750XL airplanes. This AD requires you to replace any type TLP-D or TLED rivets on the aileron pushrod ends and elevator control pushrod ends. This AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for New Zealand. We are issuing this AD to replace the above identified rivets on the aileron pushrod ends and elevator control pushrod ends, which, if not replaced, could result in loose mechanical elements in the control systems. This could lead to control anomalies and loss of airplane control.

This document denies a Petition for Reconsideration filed by Dinwiddie Radio Company and a Petition for Reconsideration and Clarification filed by MainQuad Broadcasting, Inc. both directed to the Report and Order in this proceeding. See 67 FR 39864, June 11, 2002. With this action, the proceeding is terminated.