February 11, 2005 – Federal Register Recent Federal Regulation Documents

Return of Partnership Income
Document Number: 05-2725
Type: Rule
Date: 2005-02-11
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final regulations that authorize the Commissioner to provide exceptions to the requirements of section 6031(a) of the Internal Revenue Code for certain partnerships by guidance published in the Internal Revenue Bulletin. The regulations adopt the rules of the temporary regulations without any changes.
Reconsideration Procedure
Document Number: 05-2720
Type: Rule
Date: 2005-02-11
Agency: Copyright Office, Library of Congress, Agencies and Commissions
This document makes technical amendments to the Copyright Office regulation permitting copyright applicants to request reconsideration of decisions to refuse registration.
Thiamethoxam; Pesticide Tolerances for Emergency Exemptions
Document Number: 05-2715
Type: Rule
Date: 2005-02-11
Agency: Environmental Protection Agency
This regulation establishes a time-limited tolerance for combined residues of thiamethoxam and its metabolite, (CGA-322704) in or on artichoke, globe. 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 artichoke. This regulation establishes a maximum permissible level for residues of thiamethoxam and its metabolite, (CGA-322704) in this food commodity. The tolerance will expire and is revoked on June 30, 2008.
National Priorities List for Uncontrolled Hazardous Waste Sites
Document Number: 05-2711
Type: Rule
Date: 2005-02-11
Agency: Environmental Protection Agency
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (``CERCLA'' or ``the Act''), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP'') include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants, or contaminants throughout the United States. The National Priorities List (``NPL'') constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (``EPA'' or ``the Agency'') in determining which sites warrant further investigation. These further investigations will allow EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule adds one new site to the NPL Federal Facilities Section.
Radio Broadcasting Services; Connersville, IN, Erlanger, KY, Lebanon, KY, Lebanon Junction, KY, Madison, IN, Richmond, IN, New Haven, KY, Norwood, OH, and Springfield, KY
Document Number: 05-2705
Type: Proposed Rule
Date: 2005-02-11
Agency: Federal Communications Commission, Agencies and Commissions
The Audio Division requests comment on two petitions that are mutually exclusive filed by Rodgers Broadcasting Corporation, licensee of Station WIFE(FM), Channel 262B at Connersville, Indiana; and jointly filed by Washington County CBC, Inc., licensee of Station WAKY-FM, Channel 274A, Springfield, Kentucky, Elizabethtown CBC, Inc., licensee of Station WTHX(FM), Channel 297A, Lebanon Junction, Kentucky and CBC of Marion County, Inc., licensee of Station WLSK(FM), Channel 265C3, Lebanon, Kentucky. See Supplementary Information.
Radio Broadcasting Services; Richlands, Shallotte, Topsail Beach, and Wrightsville Beach, NC
Document Number: 05-2704
Type: Proposed Rule
Date: 2005-02-11
Agency: Federal Communications Commission, Agencies and Commissions
This document requests comments on a Petition for Rule Making filed by Sea-Comm, Inc., (``Petitioner''), licensee of FM Stations WBNU, Shallotte, North Carolina; WWTB, Topsail Beach, North Carolina, and WBNE, Wrightsville Beach, North Carolina. Petitioner proposes to upgrade Channel 279C3, Station WBNU, to Channel 279C2 and reallot Channel 279C2 from Shallotte to Wrightsville Beach, North Carolina; to downgrade Channel 280C3, Station WWTB, to Channel 281A and to reallot Channel 281A from Topsail Beach to Richlands, North Carolina; and to upgrade Station Channel 229A, Station WBNE, to Channel 229C3 and reallot Channel 229C3 from Wrightsville Beach to Topsail Beach. The coordinates for proposed Channel 279C2 at Wrightsville Beach are 33-59-56 NL and 77-54-35 WL, with a site restriction of 25.4 kilometers (15.8 miles) southwest of Wrightsville Beach. The coordinates for proposed Channel 281A at Richlands are 34- 49-40 NL and 77-27-30 WL, with a site restriction of 12.9 kilometers (8.0 miles) southeast of Richlands. The coordinates for proposed Channel 229C3 at Topsail Beach are 34-25-37 NL and 77-38-33 WL, with a site restriction of 7.0 kilometers (4.3 miles) north of Topsail Beach. Since Petitioner's reallotment proposals comply with the provisions of Section 1.420(i) of the Commission's rules, the Commission will not accept competing expressions of interest in the use of Channel 279C2 at Wrightsville Beach, the use of Channel 281A at Richlands, or the use of Channel 229C3 at Topsail Beach, or require the Petitioner to demonstrate the availability of additional equivalent class channels in those communities.
Radio Broadcasting Services; Groveland, CA and Powers, OR; Zapata, TX
Document Number: 05-2703
Type: Proposed Rule
Date: 2005-02-11
Agency: Federal Communications Commission, Agencies and Commissions
The Audio Division requests comments on a petition filed by 105 Mountain Air, Inc., proposing the allotment of Channel 264A at Groveland, California, as the community's first local commercial FM transmission service. Channel 264A can be allotted to Groveland in compliance with the Commission's minimum distance city reference coordinates. The coordinates for Channel 264A at Groveland are 37-50-45 North Latitude and 120-12-00 West Longitude. The Audio Division requests comments on a petition filed by Mike Chavez proposing the allotment of Channel 293C2 at Powers, Oregon, as the community's first local aural transmission service. Channel 293C2 can be allotted to Powers in compliance with the Commission's minimum distance separation requirements at city reference coordinates. The coordinates for Channel 293C2 at Powers are 42-53-01 North Latitude and 124-04-19 West Longitude. See Supplementary Information, infra.
Airworthiness Directives; Pilatus Aircraft Limited Models B4- PC11, B4-PC11A, and B4-PC11AF Sailplanes
Document Number: 05-2696
Type: Proposed Rule
Date: 2005-02-11
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for all Pilatus Aircraft Limited (Pilatus) Models B4-PC11, B4-PC11A, and B4-PC11AF sailplanes. This proposed AD would require you to repetitively inspect the control-column support for cracks and, if any cracks are found, replace the control-column support with a new support. This proposed AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Switzerland. We are issuing this proposed AD to detect and correct cracks in the control-column support, which could result in failure of the support. This failure could lead to loss of the primary flight control system.
Fisheries of the Northeastern United States; Atlantic Deep-Sea Red Crab Fishery
Document Number: 05-2690
Type: Rule
Date: 2005-02-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues final specifications for the 2005 Atlantic Deep- Sea Red Crab (red crab) fishery, which are the same as specifications for the 2004 fishery. The target total allowable catch (TAC) and fleet days at sea (DAS) for fishing year (FY) 2005 is 5.928 million lb (2.69 million kg) and 780 fleet DAS, respectively. Accordingly, since one qualified limited access vessel has opted out of the fishery for FY2005, the four remaining vessels are each allocated 195 DAS. The intent of the specifications is to conserve and manage the red crab resource and provide for a sustainable fishery.
Radio Broadcasting Services; Alamogordo, New Mexico and Grayville, IL
Document Number: 05-2685
Type: Rule
Date: 2005-02-11
Agency: Federal Communications Commission, Agencies and Commissions
The Audio Division, at the request of Linda A. Davidson, allots Channel 229A at Grayville, Illinois, as the community's first local service. See 69 FR 60344, published October 8, 2004. Channel 229A can be allotted to Grayville in compliance with the Commission's minimum distance separation requirements, provided there is a site restriction of 13.0 kilometers (8.1 miles) northwest of the community. The reference coordinates for Channel 229A at Grayville are 38-21-56 North Latitude and 88-03-38 West Longitude. The Audio Division, at the request of Daniel R. Feely, allots Channel 240C2 at Alamogordo, New Mexico, as the community's fifth local service. See 69 FR 60344, published October 8, 2004. Channel 240C2 can be allotted to Alamogordo in compliance with the Commission's minimum distance separation requirements, provided there is a site restriction of 10.4 kilometers (6.5 miles) southeast of the community. The reference coordinates for Channel 240C2 at Alamogordo are 32-49-04 North Latitude and 105-54-19 West Longitude. Because the reference coordinates at Alamogordo are located within 320 kilometers (200 miles) of the Mexican border, concurrence of the Mexican Government has been obtained. Filing windows for Channel 229A at Grayville, Illinois and Channel 240C2 at Alamogordo, New Mexico will not be opened at this time. Instead, the issue of opening a filing window for these channels will be addressed by the Commission in a subsequent order.
Revision of Indian Tribal Land Acquisition Program Loan Regulations
Document Number: 05-2678
Type: Rule
Date: 2005-02-11
Agency: Department of Agriculture, Farm Service Agency
This rule clarifies the Indian Tribal Land Acquisition Program (ITLAP) regulations for borrowers who apply for a rental value write- down. The rule clarifies the method for determining the rental value of security for purposes of a write-down, adds a definition of ``rental value,'' clarifies other write-down eligibility provisions, and limits new loan eligibility for borrowers who have received a write-down in the past. These clarifications are intended to reduce the borrower's costs of applying for a rental value write-down, and reduce the burden on Agency employees in processing requests.
Protection of Safeguards Information
Document Number: 05-2665
Type: Proposed Rule
Date: 2005-02-11
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations for the protection of Safeguards Information (SGI) to protect SGI from inadvertent release and unauthorized disclosure which might compromise the security of nuclear facilities and materials. The proposed amendments are consistent with recent Commission practices reflected in orders and threat advisories, issued since September 11, 2001. The proposed amendments would affect certain licensees, information, and materials not currently specified in the regulations, but which are within the scope of Commission authority under the Atomic Energy Act of 1954, as amended (AEA).
Supplemental Standards of Ethical Conduct for Employees of the Social Security Administration
Document Number: 05-2644
Type: Proposed Rule
Date: 2005-02-11
Agency: Social Security Administration, Agencies and Commissions
The Social Security Administration (SSA), with the concurrence of the Office of Government Ethics (OGE), proposes to issue regulations that would supplement, for officers and employees of SSA, the OGE Standards of Ethical Conduct for Employees of the Executive Branch. The proposed regulations would set forth prohibitions and prior approval requirements for certain outside employment and other outside activities for all SSA employees, and would set forth additional prior approval requirements for SSA Administrative Law Judges.
Airworthiness Directives; Bell Helicopter Textron, A Division of Textron Canada Model 222, 222B, 222U and 230 Helicopters
Document Number: 05-2609
Type: Rule
Date: 2005-02-11
Agency: Federal Aviation Administration, Department of Transportation
This amendment supersedes an existing airworthiness directive (AD) for Bell Helicopter Textron, A Division of Textron Canada (BHTC) Model 222, 222B, 222U, and 230 helicopters, that currently requires a visual check of each main rotor grip (grip) and pitch horn assembly without disassembling the main rotor hub assembly (hub assembly), and a visual inspection at specified intervals of each affected grip and pitch horn assembly for a crack using a 10-power or higher magnifying glass. If a crack is found, the existing AD requires replacing each unairworthy grip or pitch horn with an airworthy part before further flight. This amendment requires those same actions, and also requires an additional inspection of the grip and pitch horn assembly for a crack in the disassembled hub assembly, and replacing any cracked part with an airworthy part. This amendment is prompted by the determination that an additional enhanced inspection is needed to ensure the integrity of the hub assembly. The actions specified by this AD are intended to prevent failure of the grip or pitch horn and subsequent loss of control of the helicopter.
Redesignation of Mountainous Areas in Alaska
Document Number: 05-2594
Type: Rule
Date: 2005-02-11
Agency: Part III, Federal Aviation Administration, Department of Transportation
This final rule updates the designated mountainous areas in the State of Alaska. Regulations currently designating mountainous areas in Alaska were established in 1956. Since that time, we have concluded that areas previously considered non-mountainous should be expanded, and two areas previously designated mountainous should be considered non-mountainous. This final rule will allow aircraft operating in certain non-mountainous areas to fly at altitudes acceptable for the actual topography of the area.
Airworthiness Directives; Boeing Model 767-200 and -300 Series Airplanes
Document Number: 05-2578
Type: Rule
Date: 2005-02-11
Agency: Federal Aviation Administration, Department of Transportation
The FAA is superseding an existing airworthiness directive (AD), which applies to certain Boeing Model 767 series airplanes. That AD currently requires repetitive detailed and eddy current inspections of the aft pressure bulkhead for damage and cracking, and repair if necessary. This new AD also requires one-time detailed and high frequency eddy current inspections of any ``oil-can'' located on the aft pressure bulkhead, and related corrective actions if necessary. An ``oil-can'' is an area on a pressure dome web that moves when pushed from the forward side. This AD is prompted by reports of cracking at ``oil-can'' boundaries on the aft pressure bulkhead. We are issuing this AD to detect and correct fatigue cracking of the aft pressure bulkhead, which could result in rapid depressurization of the airplane and possible damage or interference with the airplane control systems that penetrate the bulkhead, and consequent loss of controllability of the airplane.
Federal Motor Vehicle Safety Standards; Low Speed Vehicles; Termination of Rulemaking
Document Number: 05-2471
Type: Proposed Rule
Date: 2005-02-11
Agency: National Highway Traffic Safety Administration, Department of Transportation
The purpose of this document is to announce the termination of a rulemaking in which the agency had considered adding additional conspicuity requirements applicable to low-speed vehicles (LSV), as well as a requirement that LSVs bear a label identifying the safety hazards associated with their operation in mixed traffic. Due to the absence of data showing a conspicuity-related safety problem with current LSV designs, the agency has decided to terminate the rulemaking.
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