February 7, 2005 – Federal Register Recent Federal Regulation Documents
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OMB Approvals Under the Paperwork Reduction Act; Technical Amendment
In compliance with the Paperwork Reduction Act (PRA), this technical amendment amends the table that lists the Office of Management and Budget (OMB) control numbers issued under the PRA for Transportation Conformity Rule Amendments for the New 8-hour Ozone and PM2.5 National Ambient Air Quality Standards and Miscellaneous Revisions for Existing Areas, Transportation Conformity Rule Amendments: Response to Court Decision and Additional Rule Changes.
National Emission Standards for Hazardous Air Pollutants for Leather Finishing Operations
On February 27, 2002, the EPA issued national emission standards for hazardous air pollutants (NESHAP) for leather finishing operations, which were issued under section 112 of the Clean Air Act (CAA). This action would amend the standards to clarify the frequency for categorizing leather product process types, modify the definition of ``specialty leather,'' add a definition for ``vacuum mulling,'' and add an alternative procedure for determining the actual monthly solvent loss from an affected source. In the Rules and Regulations section of this Federal Register, we are taking direct final action on the proposed amendments because we view the amendments as noncontroversial and anticipate no adverse comments. We have explained our reasons for the amendments in the direct final rule. If we receive no significant adverse comments, we will take no further action on the proposed amendments. If we receive significant adverse comments, we will withdraw only those provisions on which we received significant adverse comments. We will publish a timely withdrawal in the Federal Register indicating which provisions will become effective and which provisions are being withdrawn. If part or all of the direct final rule in the Rules and Regulations section of today's Federal Register is withdrawn, all comments pertaining to those provisions will be addressed in a subsequent final rule based on the proposed amendments. We will not institute a second comment period on the subsequent final action. Any parties interested in commenting must do so at this time.
National Emission Standards for Hazardous Air Pollutants for Leather Finishing Operations
The EPA is taking direct final action on amendments to the national emission standards for hazardous air pollutants (NESHAP) for leather finishing operations, which were issued on February 27, 2002, under section 112 of the Clean Air Act (CAA). The direct final amendments clarify the frequency for categorizing leather product process types, modify the definition of ``specialty leather,'' add a definition for ``vacuum mulling,'' and add an alternative procedure for determining the actual monthly solvent loss from an affected source. We are issuing the amendments as a direct final rule, without prior proposal, because we view the revisions as noncontroversial and anticipate no significant adverse comments. However, in the Proposed Rules section of this Federal Register, we are publishing a separate document that will serve as the proposal to amend the national emission standards for leather finishing operations if significant adverse comments are filed.
Endangered and Threatened Species; Extension of Public Comment Period on Proposed Critical Habitat Designations for West Coast Salmonids
We, the National Marine Fisheries Service (NMFS), are extending the comment period on proposed critical habitat designations for 20 Evolutionarily Significant Units (ESUs) of Pacific salmon and O. mykiss (inclusive of anadromous steelhead and resident rainbow trout) listed under the Endangered Species Act of 1973, as amended (ESA). The proposed designations include habitat areas in California, Oregon, Washington, and Idaho. A recent court-approved Amendment to the Consent Decree, that established the schedule for completing these designations, extends the comment period until March 14, 2005, and the date to submit final rules until August 15, 2005. These extensions will allow the public additional time to provide information related to the proposed designations and will provide NMFS with the time needed to review, consider, and respond to comments. We are soliciting information and comments from the public on all aspects of the proposals, including information on the economic, national security, and other relevant impacts of the proposed designations.
Pacific Halibut Fisheries; Catch Sharing Plan
NMFS proposes to approve and implement changes to the International Pacific Halibut Commission's (IPHC) regulatory Area 2A off Washington, Oregon, and California (Area 2A) Pacific Halibut Catch Sharing Plan (Plan) to: allow remaining quota from Washington's south coast subarea to be used to accommodate incidental catch in the south coast nearshore fishery; allow quota projected to be unused to be transferred from Oregon's central coast subarea to another subarea south of Leadbetter Point, WA; revise the season structure for Oregon's all-depth spring and summer sport fisheries; provide more flexibility for Oregon's inseason sport fishery management (triggers for additional fishery openings and bag limits in the all-depth summer fishery); revise the public announcement process for Oregon's all-depth summer sport fishery; revise the Columbia River subarea quota contributions from Oregon/California; remove the minimum length requirement in all subareas south of Leadbetter Point, WA; prohibit retention of all groundfish, except sablefish, in Oregon's and possibly Washington's Columbia River fishery on all days and in the Central Coast fisheries on ``all-depth'' days; implement a closed area off Oregon's coast; and revise all coordinates from degrees minutes seconds to degrees decimal minutes. NMFS also proposes to revise the coordinates for the closed area to Oregon's central coast recreational fishery and to non-treaty commercial halibut fishing in Area 2A. NMFS is also proposing to implement the portions of the Plan and management measures that are not implemented through the IPHC, which includes the sport fishery management measures for Area 2A, the flexible inseason management provisions in Area 2A, fishery election in Area 2A, and Area 2A non-treaty commercial fishery closed areas. These actions are intended to enhance the conservation of Pacific halibut, to protect yelloweye rockfish and other overfished groundfish species from incidental catch in the halibut fisheries, and to provide greater angler opportunity where available.
Rural Health Care Support Mechanism
In this document, we modify our rules to improve the effectiveness of the rural health care universal service support mechanism. Specifically, in this Report and Order, we change the Commission's definition of rural for the purposes of the rural health care support mechanism because the definition currently used by the Commission is no longer being updated with new Census Bureau data. We also revise our rules to expand funding for mobile rural health care services by subsidizing the difference between the rate for satellite service and the rate for an urban wireline service with a similar bandwidth. On reconsideration, we permit rural health care providers in states that are entirely rural, such as American Samoa, to receive support for advanced telecommunications and information services under section 254(h)(2)(A).
Rural Health Care Support Mechanism
In this document, we modify our rules to improve the effectiveness of the rural health care universal service support mechanism. In the Further Notice of Proposed Rulemaking (FNPRM), we seek comment on whether we should increase the percentage discount that rural health care providers receive for Internet access and whether infrastructure development should be funded. Additionally, we seek comment on whether to modify our rules specifically to allow mobile rural health care providers to use services other than satellite.
Food Stamp Program: High Performance Bonuses
This rule finalizes amendments to the Food Stamp Program (FSP) regulations that were proposed in a Notice of Proposed Rulemaking (NPRM), ``Food Stamp Program High Performance Bonuses'', published on December 17, 2003 in the Federal Register. The NPRM proposed regulations that would implement section 4120 of the Farm Security and Rural Investment Act of 2002 (FSRIA) which authorized the Food and Nutrition Service (FNS) to award bonuses to States that demonstrate high or improved performance in administering the FSP. The NPRM proposed performance measures for the high performance bonuses for fiscal year (FY) 2005 and beyond. It also proposed the data that would be used to measure the identified performance. This final rule summarizes and discusses the comments we received as well as adjusts the regulatory language when necessary in response to those comments.
Suspension of Community Eligibility
This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date.
NARA Facility Locations and Hours
NARA proposes to add to its regulations the location of the William J. Clinton Presidential Library in Little Rock, Arkansas, and the location and hours for the regional archives in NARA's Southeast Region (Atlanta) in Morrow, Georgia. This proposed rule will affect the public.
Natural Gas Pipelines; Project Cost and Annual Limits
Pursuant to the authority delegated by 18 CFR 375.308(x)(1), the Director of the Office of Energy Projects (OEP) computes and publishes the project cost and annual limits for natural gas pipelines blanket construction certificates for each calendar year.
Determining Income and Resources Under the Supplemental Security Income (SSI) Program
We are revising our regulations that explain how we determine an individual's income and resources under the supplemental security income (SSI) program in order to achieve three program simplifications. First, we are eliminating clothing from the definition of income and from the definition of in-kind support and maintenance. As a result, we generally will not count gifts of clothing as income when we decide whether a person can receive SSI benefits or when we compute the amount of the benefits. Second, we are changing our resource-counting rules in the SSI program by eliminating the dollar value limit for the exclusion of household goods and personal effects. As a result, we will not count household goods and personal effects as resources when we decide whether a person can receive SSI benefits. Third, we are changing our rules for excluding an automobile in determining the resources of an SSI applicant or recipient. We will exclude one automobile (the ``first'' automobile) from resources if it is used for transportation for the individual or a member of the individual's household, without consideration of its value. These changes will simplify our rules, making them less cumbersome to administer and easier for the public to understand and follow. Our experience of nearly 30 years of processing SSI claims indicates that these simplifications will have minimal effect on the outcome of SSI eligibility determinations.
Regulated Navigation Area Removal; Brunswick, GA, Turtle River, in the Vicinity of the Sidney Lanier Bridge
The Coast Guard is removing the regulated navigation area (RNA) in Brunswick, Georgia in the Turtle River in the vicinity of the Sidney Lanier Bridge. Due to the construction of the new Sidney Lanier Bridge and the removal of the old bridge structures, the maneuvers required by the RNA are no longer necessary to prevent allisions with the old bridge.
Drawbridge Operation Regulations; Mantua Creek, Paulsboro, NJ
The Coast Guard is temporarily changing the regulations that govern the operation of the S.R. 44 bridge over Mantua Creek, at mile 1.7, in Paulsboro, New Jersey. The bridge will be closed to navigation from 8 a.m. on September 12, 2005, through 6 p.m. on December 9, 2005. The extensive structural, mechanical, and electrical repairs and improvements necessitate this closure.
Modification of Class E Airspace; Rolla, MO
This action amends Title 14 Code of Federal Regulations, part 71 (14 CFR 71) by revising Class E airspace at Rolla, MO. A review of controlled airspace for Rolla Downtown Airport revealed it does not comply with the criteria for 700 feet above ground level (AGL) airspace required for diverse departures. The area is modified and enlarged to conform to the criteria in FAA Orders.
IFR Altitudes; Miscellaneous Amendments
This amendment adopts miscellaneous amendments to the required IFR (instrument flight rules) altitudes and changeover points for certain Federal airways, jet routes, or direct routes for which a minimum or maximum en route authorized IFR altitude is prescribed. This regulatory action is needed because of changes occurring in the National Airspace System. These changes are designed to provide for the safe and efficient use of the navigable airspace under instrument conditions in the affected areas.
Establishment of VOR Federal Airway V-623
This action establishes Federal Airway 623 (V-623) between the Sparta, NJ, Very High Frequency Omnidirectional Range Tactical Air Navigation (VORTAC) and the Carmel, NY, Very High Frequency Omnidirectional Range/Distance Measuring Equipment (VOR/DME). The FAA is taking this action to enhance the management of aircraft transiting from the New England area to airports in the Newark, NJ, area.
Revision of Colored Federal Airway; AK
This action revises Colored Federal Airway Green 16 (G-16), in Alaska. This action adds to the instrument flight rules (IFR) airway and route structure in Alaska by extending G-16 from Put River, AK, to Barter Island, AK. The FAA is taking this action to enhance the safety and management of aircraft operations in Alaska.
Proposed Establishment of Class E2 Airspace; and Modification of Class E5 Airspace; Ankeny, IA
This action corrects a notice of proposed rulemaking that was published in the Federal Register on Wednesday, January 19, 2005, (70 FR 2991) [FR Doc. 05-969]. It corrects an error in the legal description of the proposed Class E airspace area designated as a surface area at Ankeny, IA.
Proposed Establishment of Class E Airspace; Perryville, AK
This action proposes to establish new Class E airspace at Perryville, AK. A new Standard Instrument Approach Procedure (SIAP) and Departure Procedure are being published for the Perryville Airport. There is no existing Class E airspace to contain aircraft executing the new instrument approach at Perryville, AK. Adoption of this proposal would result in the establishment of Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at Perryville, AK.
Proposed Revision of Class E Airspace; Kalskag, AK
This action proposes to revise the Class E airspace at Kalskag, AK. Two new Standard instrument approach procedures (SIAP's) and a new Textual Departure Procedure are being published for Kalskag, AK. Additional Class E airspace is needed to contain aircraft executing instrument approaches at Kalskag Airport. Adoption of this proposal would result in additional Class E airspace upward from 700 feet (ft.) above the surface at Kalskag, AK.
Proposed Revision of Class E Airspace; St. Michael, AK
This action proposes to revise the Class E airspace at St. Michael, AK. Two new Standard instrument approach procedures (SIAPs) and a new Textual Departure Procedure are being published for St. Michael, AK. Additional Class E airspace is needed to contain aircraft executing instrument approaches at St. Michael Airport. Adoption of this proposal would result in additional Class E airspace upward from 700 feet (ft.) above the surface at St. Michael, AK.
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.
Proposed Establishment of Area Navigation Routes (RNAV), FL
This action proposes to establish eight area navigation (RNAV) routes in Florida in support of the High Altitude Redesign (HAR) project. The FAA is proposing this action to enhance safety and to improve the efficient use of the navigable airspace.
Safety Zone; Upper Chesapeake Bay and Its Tributaries and the C & D Canal, Maryland, Virginia, and Washington, DC
The Coast Guard is establishing a temporary safety zone in all navigable waters of the Captain of the Port Baltimore zone. This safety zone is necessary to protect mariners from the hazards associated with ice. The temporary safety zone restricts vessels from transiting the zone during ice season, unless authorized by the Captain of the Port Baltimore, Maryland or designated representative through the issuance of broadcast notice to mariners and marine safety information bulletins.
Raisins Produced From Grapes Grown in California; Increased Assessment Rate
This rule increases the assessment rate established for the Raisin Administrative Committee (Committee) for the 2004-05 and subsequent crop years from $8.00 to $11.00 per ton of free tonnage raisins acquired by handlers, and reserve tonnage raisins released or sold to handlers for use in free tonnage outlets. The Committee locally administers the Federal marketing order which regulates the handling of raisins produced from grapes grown in California (order). Authorization to assess raisin handlers enables the Committee to incur expenses that are reasonable and necessary to administer the program. The crop year runs from August 1 through July 31. The 2004-05 crop is smaller than normal, and no volume regulation will be implemented this year. As a result, some expenses funded by handler assessments will increase. The $8.00 per ton assessment rate will not generate enough revenue to cover expenses. The $11.00 per ton assessment will remain in effect indefinitely unless modified, suspended, or terminated.
Olives Grown in California; Redistricting and Reapportionment of Producer Membership on the California Olive Committee
This rule redefines the producer districts and reapportions each district's membership on the California Olive Committee (committee). The Federal marketing order for California olives (order) regulates the handling of canned ripe olives grown in California and is administered locally by the committee. This rule reduces the number of producer districts in the production area from four to two and reapportions the committee representation from each district to reflect the consolidation. These changes reflect recent shifts in olive acreage and producer numbers within the production area and should provide equitable committee representation from each district.
OCC Guidelines Establishing Standards for Residential Mortgage Lending Practices
The Office of the Comptroller of the Currency (OCC) is issuing, as an appendix to part 30 of its regulations, guidelines concerning the residential mortgage lending practices of national banks and their operating subsidiaries (Guidelines) as a further step to protect against national bank involvement in predatory, abusive, unfair, or deceptive residential mortgage lending practices. The Guidelines describe particular practices inconsistent with sound residential mortgage lending practices. They also describe other terms and practices that may be conducive to predatory, abusive, unfair, or deceptive lending practices, depending on the circumstances, and which, accordingly, warrant a heightened degree of care by lenders. In addition, the Guidelines address the steps that banks should take to mitigate risks associated with their purchase of residential mortgage loans and use of mortgage brokers to originate loans. The Guidelines focus on the substance of activities and practices, not on the creation of policies. The standards contained in the Guidelines are enforceable pursuant to section 39 of the Federal Deposit Insurance Act and the implementing process set forth in part 30 of the OCC's regulations.
Defense Federal Acquisition Regulation Supplement; Extraordinary Contractual Actions
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update text pertaining to processing of requests for extraordinary contract adjustments. This proposed rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.
Defense Federal Acquisition Regulation Supplement; Small Business Competitiveness Demonstration Program
DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to revise text regarding identification of contract awards under the Small Business Competitiveness Demonstration Program. This rule is a result of an initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.
Defense Federal Acquisition Regulation Supplement; Polyacrylonitrile Carbon Fiber-Restriction to Domestic Sources
DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to extend the ending date for phasing out domestic source restrictions on the acquisition of polyacrylonitrile (PAN) carbon fiber. The ending date is extended from May 31, 2005, to May 31, 2006.
Defense Federal Acquisition Regulation Supplement; Tax Procedures for Overseas Contracts
DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update text pertaining to tax relief for acquisitions conducted in certain foreign countries. This rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.
Approval and Promulgation of Air Quality Implementation Plans; Maine; Portable Fuel Containers
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Maine. This revision establishes requirements to reduce volatile organic compound (VOC) emissions from portable fuel containers. The intended effect of this action is to approve these requirements into the Maine SIP. EPA is taking this action in accordance with the Clean Air Act (CAA).
Approval and Promulgation of Air Quality Implementation Plans; Maine; Portable Fuel Containers
EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Maine. This revision establishes requirements to reduce volatile organic compound (VOC) emissions from portable fuel containers. The intended effect of this action is to approve these requirements into the Maine SIP. EPA is taking this action in accordance with the Clean Air Act (CAA).
Certain Business Aviation Activities Using U.S.-Registered Foreign Civil Aircraft
Under Part 375 of the Department's regulations, 14 CFR part 375, which provides for the operation in the United States of ``foreign civil aircraft'' which are not engaged in common carriage, persons or entities seeking to operate foreign civil aircraft within the United States involving the carriage of persons, property and mail ``for remuneration or hire'' must obtain a ``foreign aircraft permit'' from the Department of Transportation under that Part. On May 16, 2003, the National Business Aircraft Association (NBAA), a trade association that represents many business aircraft operators throughout the United States, wrote to the Department requesting a policy determination that certain types of operations that its representative companies might perform using U.S.-registered foreign civil aircraft (such as carriage of a company's own officials and guests, or aircraft time-sharing, interchange or joint ownership arrangements between companies) do not, in fact, constitute operations ``for remuneration or hire'' within the meaning of Part 375. The NBAA noted that a favorable response would eliminate the need for the companies involved to secure a permit for such operations. The Department of Transportation is now proposing to amend 14 CFR part 375 to clarify those circumstances under which companies operating U.S.-registered foreign civil aircraft are not deemed to be involved in air commerce for remuneration or hire and, therefore, are not required under Part 375 to obtain a foreign aircraft permit. On July 7, 2003, the Department solicited comments on the NBAA request (see 68 FR 40321 (July 7, 2003)). Pursuant to the Department's request, comments were filed by interested parties. The Department has reviewed the comments filed in Docket OST-2003-15511 and now proposes to amend Part 375 of our regulations as described below.
Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes: Washington; Yakima County Nonattainment Area Boundary Revision
The Environmental Protection Agency is taking final action to correct an error in the initial delineation of the boundary of the Yakima County nonattainment area (Yakima NAA) for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM-10). This correction revises the boundary of the Yakima NAA to exclude a small portion that lies within the exterior boundary of the Yakama Indian Reservation. The excluded area will revert to an unclassifiable designation, consistent with the original and current designation of the Yakama Indian Reservation.
Re-issuance of the Department of Transportation Acquisition Regulation
The Department of Transportation is reissuing the Transportation Acquisition Regulation (TAR). This interim final rule reflects changes made to implement and/or supplement the Federal Acquisition Regulation (FAR). The TAR has been substantially revised to update references to obsolete policies, procedures and organizations; incorporate electronic links to references such as provisions to the FAR, U.S. Codes, the Code of Federal Regulations; and adopt by reference Office of Federal Procurement Policy Letters and Executive orders. The reissued TAR eliminates coverage that is unnecessary or duplicates the FAR or other directives. Only coverage that is suitable and necessary will be retained in the regulation. These efforts will create a 2004 edition of the TAR that is consistent with the 2001 edition of the FAR. The 2004 edition of the TAR will replace the 1994 edition.
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