February 2005 – Federal Register Recent Federal Regulation Documents

On January 5, 1993, the U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety (OPS) issued an interim final rule establishing oil spill response planning requirements for onshore oil pipelines (49 CFR Part 194). These regulations were issued pursuant to section 1321(j)(5) of the Federal Water Pollution Control Act (FWPCA), as amended by the Oil Pollution Act of 1990 (OPA 90). OPS is now adopting the interim rule as a final rule. This final rule makes minor amendments to some of the regulations in response to the written public comments received after issuance of the interim final rule and at a public meeting held in 1997 in New Orleans, LA. The amendments also reflect the experience that OPS has gained in implementing the rule; leading spill response exercises; and, responding to actual spills and harmonizes certain OPS requirements with related oil spill response regulations developed by the U.S. Coast Guard. The amendments are generally technical in nature and do not involve additional costs to pipeline operators or the public.

NMFS announces that an annual harvest guideline for the commercial lobster fishery in the Northwestern Hawaiian Islands (NWHI) will not be issued for the year 2005.

EPA is taking direct final action to approve revisions to the El Dorado County Air Quality Management District (EDCAQMD) (Mountain Counties portion), Imperial County Air Pollution Control District (ICAPCD), and the South Coast Air Quality Management District (SCAQMD) portions of the California State Implementation Plan (SIP). The revisions concern an obsolete permitting rule and the storage and transfer of gasoline at dispensing facilities. We are removing an obsolete local permitting rule and are approving local rules that regulate volatile organic compound (VOC) emissions under the Clean Air Act as amended in 1990 (CAA or the Act).

This document adopts as a final rule, a proposed amendment to the Bureau of Customs and Border Protection (CBP) Regulations published in the Federal Register on January 14, 2004, to raise the threshold value of seized property for which CBP must publish a forfeiture notice in a newspaper from $2,500 to $5,000. By changing the requirements for publication of administrative forfeiture notices, the amendment significantly reduces the publication costs incurred by CBP, which have often exceeded the value of seized property.

This document sets forth two proposals to amend the FM Table of Allotments, Sec. 73.202(b) of the Commission's rules, 47 CFR 73.202(b). The Commission requests comment on a petition filed by Charles Crawford. Petitioner proposes the allotment of Channel 269A at Hornbeck, Louisiana, as a first local service. Channel 269A can be allotted at Hornbeck in compliance with the Commission's minimum distance separation requirements with a site restriction of 7.2 km (4.5 miles) west of Hornbeck. The proposed coordinates for Channel 269A at Hornbeck are 31-18-42 North Latitude and 93-28-12 West Longitude. See SUPPLEMENTARY INFORMATION infra.

This document requests comments on a Petition for Rule Making filed by Charles Crawford requesting the allotment of Channel 296C3 at Paint Rock, Texas, as the community's first local aural transmission service. Channel 296C3 can be allotted to Paint Rock in compliance with the Commission's rules provided there is a site restriction of 15 kilometers (9.3 miles) east at coordinates 31-31-15 North Latitude and 99-45-45 West Longitude. To accommodate this allotment, this document also proposes the relocation of reference coordinates for vacant FM Channel 296C2 at Big Lake, Texas with a site restriction of 24.1 kilometers (15.0 miles) southwest at coordinates 31-02-00 NL and 101- 38-00 WL. The proposed Paint Rock allotment and the proposed site for the Big Lake allotment both requires Mexican concurrence since these proposed allotments are located within 320 kilometers (199 miles) of the U.S.-Mexican border. See SUPPLEMENTARY INFORMATION.

This document grants a petition filed by SSR Communications Incorporated proposing the allotment of Channel 272C3 at Pahrump, Nevada, as that community's third local service. See 69 FR 35560, published June 25, 2004. This document also denies a petition filed by Steven M. Greeley, licensee of Station KJJJ(FM), Lake Havasu City, Arizona, requesting the substitution of Channel 272C for Channel 272B at Lake Havasu City, Arizona, reallotment of Channel 272C from Lake Havasu City to Pahrump, Nevada, as its third local service, and modification of Station KJJJ(FM)'s license accordingly. Channel 272C3 can be allotted to Pahrump, consistent with the minimum distance separation requirements of section 73.207(b) of the Commission's Rules, provided there is a site restriction of 6.1 kilometers (3.8 miles) northwest of the community. The reference coordinates for Channel 272C3 at Pahrump are 36-14-09 North Latitude and 116-02-32 West Longitude.

The FAA proposes to adopt a new airworthiness directive (AD) for all Dornier Model 328-300 series airplanes. This proposed AD would require installing an additional mounting angle for the respective de- icing pipes at rib 9 in the leading edge area of the left- and right- hand wings. This proposed AD is prompted by chafed de-icing lines in the wing leading edge area. We are proposing this AD to prevent chafing of the de-icing lines, which could result in a reduction in functionality of the anti-ice system, and possibly reduced controllability and performance of the airplane in icing conditions.

The FAA proposes to adopt a new airworthiness directive (AD) for all Air Tractor Inc. Model AT-602 airplanes. This proposed AD would require you to repetitively inspect (using the eddy current methods) the two outboard holes in the lower wing spar caps for cracks and repair or replace any cracked spar cap. This proposed AD results from fatigue cracking of the wing main spar lower cap at the centerline joint outboard fastener hole. We are issuing this proposed AD to detect and correct cracks in the wing main spar lower cap, which could result in failure of the spar cap and lead to wing separation and loss of control of the airplane.

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.

The Minerals Management Service (MMS) is giving notice of public workshops concerning the valuation of crude oil produced from Indian oil and gas leases.

The Rural Housing Service is delaying implementation of selected sections of the interim final rule published on November 26, 2004 (69 FR 69032-69176). The interim final rule contains requirements regarding citizenship eligibility about which the Agency received several comments. The comments suggested that Agency procedures unnecessarily imposed more requirements than those required under the Department of Housing and Urban Development (HUD) procedures for similar programs. As a result the Agency has decided to delay implementation of the sections listed below in order to harmonize its procedures with HUD under 42 U.S.C. 1436a.

This document contains proposed regulations under section 1502 that provide guidance regarding the manner in which the intercompany items of a liquidating member are succeeded to, and taken into account, in cases in which more than one distributee member acquires the assets of the liquidating corporation in a complete liquidation to which section 332 applies. This document also contains proposed regulations under section 1502 that provide guidance regarding the manner in which such distributee members succeed to the items (including items described in section 381(c)) of the liquidating corporation. These regulations apply to corporations filing consolidated returns.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update text pertaining to the acquisition of mortuary and laundry and dry cleaning services. This proposed rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.

DoD is issuing a correction to the final rule published at 70 FR 6374-6375 on February 7, 2005, that extended the ending date for phasing out domestic source restrictions on the acquisition of polyacrylonitrile (PAN) carbon fiber. The correction revises the terminology used to describe milestone B in the development of a major system, for consistency with the terminology used in DoD Instruction 5000.2, Operation of the Defense Acquisition System.

DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to eliminate requirements for Government contract quality assurance at source for contracts or delivery orders valued below $250,000, unless certain conditions exist.

DoD has issued an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 816 of the National Defense Authorization Act for Fiscal Year 2005. Section 816 increases, from $500,000 to $1,000,000, the threshold at which a DoD contract must include a requirement for the contractor to provide to cooperative agreement holders, upon their request, a list of the contractor's employees who are responsible for entering into subcontracts.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update text pertaining to the acquisition of utility services. This proposed rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.

The FAA is adopting a new airworthiness directive (AD) for General Electric Company (GE) CT58-140-1, CT58-140-2, and surplus military T58-GE-5, -10, -100, and -402 turboshaft engines with certain serial numbers (SNs) of stage 1 compressor disks, part number (P/N) 5001T20P01, installed. This AD requires removing certain stage 1 compressor disks from service before reaching a reduced low-cycle- fatigue (LCF) life limit for those affected disks of 2,100 hours time- since-new (TSN) or by December 31, 2008, whichever occurs first. This AD results from two reports of low blade tip clearances in the compressor. We are issuing this AD to prevent LCF cracking and failure of the stage 1 compressor disk, an uncontained engine failure, and damage to the helicopter.

EPA is taking direct final action to approve revisions to the Antelope Valley Air Quality Management District (AVAQMD) portion of the California State Implementation Plan (SIP). These revisions concern the permitting of air pollution sources. We are approving local rules under authority of the Clean Air Act as amended in 1990 (CAA or the Act).

The Nuclear Regulatory Commission (NRC) is proposing to amend the licensing, inspection, and annual fees charged to its applicants and licensees. The proposed amendments are necessary to implement the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as amended, which requires that the NRC recover approximately 90 percent of its budget authority in fiscal year (FY) 2005, less the amounts appropriated from the Nuclear Waste Fund (NWF). The total amount to be recovered for FY 2005 is approximately $540.7 million. After accounting for carryover and billing adjustments, the net amount to be recovered through fees is approximately $538 million.

The FAA is superseding an existing Priority Letter Airworthiness Directive (AD) for Hartzell Propeller Inc. model HC-B3TN- 5( )/T10282( ) propellers. That AD currently requires initial and repetitive inspections of the blade pilot tube bore area. This ad requires the same inspections. This AD results from a review of all currently effective ADs. That review determined that Priority Letter AD 88-24-15 was not published in the Federal Register to make it effective to all operators, as opposed to just the operators who received actual notice of the original Priority Letter AD. This AD also results from the discovery that the original AD omitted an airplane model with a certain Supplemental Type Certificate (STC) from the applicability. We are issuing this AD to prevent possible blade failure near the hub which can result in blade separation, engine separation, damage to the airplane, and possible loss of the airplane.

Two new administrations, the Pipeline and Hazardous Materials Safety Administration and the Research and Innovative Technology Administration, are being established within the United States Department of Transportation pursuant to the Norman Y. Mineta Research and Special Programs Improvement Act. Each new administration is established effective February 20, 2005. Accordingly, by this action, the Secretary delegates to the Administrator, Pipeline and Hazardous Materials Safety Administration, and the Administrator, Research and Innovative Technology Administration, functions required for the operation of each new administration. In addition, this final rule renames chapters I and XI of subtitle B of title 49 CFR.

This rule revises the Export Administration Regulations to allow staff and employees of certain organizations to use License Exception TMP to export basic communications equipment such as cell phones, personal computers, personal digital assistants, global positioning systems or similar satellite receivers and related software to Sudan for up to one year to be used in the activities of those organizations to relieve human suffering.

This document requests comments on a petition for rulemaking filed by Association for the Studies of American Heritage Corporation, requesting the allotment of Channel 246A at Homerville, Georgia, as the community's second local aural transmission service. Petitioner's proposal also requires the reclassification of Station WKQL(FM), Jacksonville, Florida, Channel 245C to specify operation on Channel 245C0 pursuant to the reclassification procedures adopted by the Commission. See Second Report and Order in MM Docket 98-93 (1998 Biennial Regulatory ReviewStreamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules) 65 FR 79773 (2000). An Order to Show Cause was issued to Cox Radio, Inc., licensee of Station WKQL(FM) (RM-10988) Channel 246A can be allotted at Homerville, Georgia, at Petitioner's requested site 11.1 kilometers (6.9 miles) northwest of the community at coordinates 31-07-16 NL and 82-48-51 WL .