February 2005 – Federal Register Recent Federal Regulation Documents

This regulation establishes exemptions from the requirement of a tolerance for residues of N,N-dimethyloctanamide or octanamide, N,N- dimethyl (CAS Reg. No. 1118-92-9), and N,N-dimethyldecanamide or decanamide, N,N-dimethyl (CAS Reg. No. 14433-76-2) when used as inert ingredients (emulsifier, solvent, and cosolvent) in pesticide formulations applied only to growing crops. The C.P. Hall Company, now doing business as CPH Services, submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of N,N- dimethyloctanamide and N,N-dimethyldecanamide.

The National Oceanic and Atmospheric Administration (NOAA) is proposing a draft revised management plan for the Florida Keys National Marine Sanctuary (FKNMS or Sanctuary). NOAA is issuing this notice to the public to invite advice, recommendations, information, and other comments from interested parties on the proposed Draft Management Plan. Public hearings will be held as detailed below: (1) Monday, March 28, 2005, 4 p.m.-8 p.m., in Marathon, FL. (2) Tuesday, March 29, 2005, 4 p.m.-8 p.m., in Key Largo, FL. (3) Wednesday, March 30, 2005, 4 p.m.-8 p.m., in Key West, FL.

This regulation establishes time-limited tolerances for residues of acibenzolar-S-methyl in or on onion, dry bulb and onion, green. 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 onion, dry bulb and onion, green. This regulation establishes a maximum permissible level for residues of acibenzolar-S-methyl in these food commodities. These tolerances will expire and are revoked on June 30, 2007.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing transport category airplanes. This AD requires repetitive tests of the overwing fuel fill ports for certain wing tanks; an electrical bonding resistance test between the bulkhead fittings of the engine fuel feed tube and the front spar inside the fuel tank of the wings; other specified actions; and applicable corrective actions if necessary. This AD is prompted by our determination that this AD is necessary to reduce the potential for ignition sources inside fuel tanks. We are issuing this AD to prevent arcing or sparking at the interface between the bulkhead fittings of the engine fuel feed tube and the front spar inside the fuel tank of the wings and between the overwing fuel fill ports and the airplane structure during a lightning strike. Such arcing or sparking could provide a possible ignition source for the fuel vapor inside the fuel tank and cause consequent fuel tank explosions.

The FAA is adopting a new airworthiness directive (AD) for certain Gulfstream Model GV-SP series airplanes. This AD requires repetitive inspections of the avionics standard communication bus (ASCB) for any noise interference and repair of the ASCB if noise interference is found. This AD also requires revisions of the airplane flight manual (AFM) to prohibit dispatch of any flight with the integrated standby flight display (SFD) inoperative; to add procedures to facilitate recovery of the cockpit display units in the event that the cockpit displays go blank; and to add flightcrew briefings on the use of standby instruments in case the cockpit display units go blank and do not recover. This AD also requires installing an avionics software update and a hardware upgrade to the Honeywell Primus Epic system to correct a display blanking problem; installing the update will allow removal of certain AFM revisions and will end the repetitive inspections of the ASCB. This AD is prompted by a report indicating that all four cockpit flight panel displays went blank simultaneously. We are issuing this AD to prevent a software error from blanking the cockpit display units, which will result in a reduction of the flightcrew's situational awareness, and possible loss of control of the airplane. We are also issuing this AD to address noise interference in the ASCB, which can interfere with the display recovery after a blanking event and consequently extend the time that the displays remain blank. In addition, we are issuing this AD to ensure that the flightcrew is advised of the procedures necessary to address blank cockpit display units.

The Federal Maritime Commission (``FMC'' or ``Commission'') amends its regulations relating to agency organization to reflect the reorganization of the agency that took effect August 23, 2004, and to delegate authority to certain FMC bureaus in order to improve the FMC's ability to carry out its statutory responsibilities over the ocean shipping industry in a more effective and efficient manner.

Due to the receipt of adverse comments, the EPA is withdrawing the December 23, 2004 (69 FR 76848), direct final rule approving limits that would limit emissions of Oxides of Nitrogen (NOX) from large stationary sources (i.e. power plants, industrial boilers and cement kilns). The State of Michigan submitted this revision as a modification to the State Implementation Plan on April 3, 2003. After minor deficiencies in the April 3, 2003 submittal were identified, a subsequent submittal was made on May 27, 2004 to address these deficiencies. In the December 23, 2004 direct final approval, EPA found the changes made to the State's rules in the May 27, 2004 submittal approvable. In that direct final rule, EPA stated that if adverse comments were submitted by January 24, 2005, the rule would be withdrawn and not take effect. Comments were received during the public comment period. EPA believes these comments are adverse and, therefore, EPA is withdrawing the direct final rule. EPA will address the comments in a subsequent final action based upon the proposed action also published on December 23, 2004 (69 FR 76886). EPA will not institute a second comment period on this action.

The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus Model A310 series airplanes. This proposed AD would require measuring the clearance between the compensator and the guide assembly of probe no. 1 on the outboard fuel tanks, and performing corrective actions if necessary. This proposed AD is prompted by the results of fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent interference between the compensator and the guide assembly of probe no. 1, which could create an ignition source that could result in a fire or explosion.

This rule establishes final free and restricted percentages for the 2004-2005 crop year. The percentages are 72 percent free and 28 percent restricted and would establish the proportion of tart cherries from the 2004 crop which may be handled in commercial outlets. The percentages are intended to stabilize supplies and prices, and strengthen market conditions. The percentages were recommended by the Cherry Industry Administrative Board, the body that locally administers the marketing order. The marketing order regulates the handling of tart cherries grown in the States of Michigan, New York, Oregon, Utah, Washington, and Wisconsin.

DOE announces the availability of the ``Joint Stakeholders Comments on Standards for Commercial Package Air Conditioners and Heat Pumps'' (hereafter ``Joint Stakeholders Comments'') and an opportunity for public comment. DOE received the Joint Stakeholders Comments from a group of nineteen stakeholders in response to DOE's advance notice of proposed rulemaking (ANOPR) concerning standards for commercial unitary air conditioners and heat pumps. This notice informs the public of the recommended minimum energy efficiency standards presented in the Joint Stakeholders Comments. To help DOE determine the appropriate next step in this rulemaking, DOE invites interested members of the public who did not join in the Joint Stakeholders Comments to submit any comments they may have on the Joint Stakeholders Comments, including the recommendation for expediting the proceedings by adopting these recommended efficiency standards through a direct final rule.

The Commander, First Coast Guard District, has issued a temporary deviation from the drawbridge operation regulations for the Casco Bay Bridge, mile 1.5, across the Fore River between Portland and South Portland, Maine. Under this temporary deviation, from February 28, 2005 through March 4, 2005, bridge openings between the hours of 6 a.m. and 6 p.m. will require a 24-hour advance notice. The bridge will open on signal at all other times. This temporary deviation is necessary to facilitate mechanical repairs at the bridge.

The Coast Guard is establishing a temporary safety zone in the Gulf of Alaska, east of Sitkinak Island, Kodiak Island, Alaska. The zone is needed to protect persons and vessels operating in the vicinity of the safety zone during a rocket launch from the Alaska Aerospace Development Corporation, Narrow Cape, Kodiak Island facility. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Commander, Seventeenth Coast Guard District, the Coast Guard Captain of the Port, Western Alaska, or their on-scene representative.

The Pension Benefit Guaranty Corporation's regulations on Benefits Payable in Terminated Single-Employer Plans and Allocation of Assets in Single-Employer Plans prescribe interest assumptions for valuing and paying benefits under terminating single-employer plans. This final rule amends the regulations to adopt interest assumptions for plans with valuation dates in March 2005. Interest assumptions are also published on the PBGC's Web site (https://www.pbgc.gov).

The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 757-200 and -300 series airplanes and Model 767 series airplanes. This proposed AD would require replacing the existing operational software of the Pegasus flight management computer (FMC) system with new, improved operational software. This proposed AD is prompted by reports of ``old'' or expired air traffic control (ATC) clearance messages being displayed on the control display unit (CDU) of the FMC system during subsequent flights. We are proposing this AD to prevent display of ``old'' or expired clearance messages on the CDU of subsequent flights, which could result in the airplane entering unauthorized airspace or following a flight path that does not provide minimum separation requirements between aircraft, and a consequent near miss or a mid-air collision.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 777-200 and -300 series airplanes. This proposed AD would require inspecting the valve control and indication wire bundles of the fuel system of the wing rear spar for discrepancies, and corrective action if necessary. This proposed AD is prompted by reports of six incidents of the wire bundles chafing against the rear spar stiffeners outside the fuel tank. We are proposing this AD to prevent this chafing, which could result in wire damage leading to a short circuit, subsequent ignition of flammable vapors, and possible uncontrollable fire during fueling or flight.

The FAA proposes to adopt a new airworthiness directive (AD) for all Boeing Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This proposed AD would require an inspection for chafing of certain wire bundles located above the center fuel tank, corrective actions if necessary, and replacement of wire bundle clamps with new clamps. This proposed AD is prompted by the results of fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent chafed wire bundles near the center fuel tank, which could cause electrical arcing through the tank wall and ignition of fuel vapor in the fuel tank, and result in a fuel tank explosion.

The FAA proposes to adopt a new airworthiness directive (AD) for all Boeing Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This proposed AD would require repetitive inspections of the stiffeners at left buttock line (LBL) and right buttock line (RBL) 6.15 for cracks; and replacement of both stiffeners with new, improved stiffeners if any stiffener is found cracked. This proposed AD would also allow replacement of both stiffeners at LBL and RBL 6.15 with new, improved stiffeners, which terminates the repetitive inspections. This proposed AD is prompted by reports of cracks in the stiffeners at LBL and RBL 6.15 on the rear spar of the wing center section. We are proposing this AD to detect and correct cracks in the stiffeners at LBL and RBL 6.15, which could result in damage to the keel beam structure and consequently reduce the capability of the airplane to sustain flight loads.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Dornier Model 328-300 series airplanes. This proposed AD would require installing a drain hole in the lower skin of the left- and right-hand elevator horns. This proposed AD is prompted by reports of water found in the elevator assembly. We are proposing this AD to prevent water or ice accumulating in the elevator assembly, which could result in possible corrosion that reduces the structural integrity of the flight control surface, or in an unbalanced flight control surface. These conditions could result in reduced controllability of the airplane.

The Secretary of Transportation (Secretary) renames the Office of Intelligence and Security as the Office of Intelligence, Security, and Emergency Response. The Secretary rescinds the currently delegated authority of the Administrator, Research and Special Programs Administration, to perform functions related to emergency preparedness and response vested in the Secretary and delegates the authority to the Director of Intelligence, Security, and Emergency Response in the Office of the Secretary.

These special conditions are issued for the Boeing Model 747- 100/200B/200F/200C/SR/SP/100B/300/100B SUD/400/400D/400F series airplanes. These airplanes, as modified by Boeing Commercial Airplanes, include a new flammability reduction means that uses a nitrogen generation system to reduce the oxygen content in the center wing fuel tank so that exposure to a combustible mixture of fuel and air is substantially minimized. This system is intended to reduce the average flammability exposure of the fleet of airplanes with the system installed to a level equivalent to 3 percent of the airplane operating time. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for the design and installation of this system. These special conditions contain the additional safety standards the Administrator considers necessary to ensure an acceptable level of safety for the installation of the system and to define performance objectives the system must achieve to be considered an acceptable means for minimizing development of flammable vapors in the fuel tank installation.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of a draft economic analysis for the proposed designation of critical habitat for the arroyo toad (Bufo californicus) under the Endangered Species Act of 1973, as amended (Act). We also announce that we have revised the methods for determining proposed essential and critical habitat areas for the arroyo toad. Additionally, we propose to exclude areas from the proposed designation from Units 1, 6, and 22 in Monterey, Los Angeles, and San Bernardino counties, under authority of section 4(b)(2) of the Act. Comments previously submitted on the proposed rule need not be resubmitted as they have been incorporated into the public record as a part of this reopening of the comment period, and will be fully considered in preparation of the final rule. Copies of the draft economic analysis and the proposed rule for critical habitat designation are available on the Internet at https:// ventura.fws.gov or from the Ventura Fish and Wildlife Office at the address and contact numbers below.

The Department of the Treasury (Treasury) is issuing this final rule as part of its implementation of Title I of the Terrorism Risk Insurance Act of 2002 (Act). The Act established a temporary Terrorism Insurance Program (Program) under which the Federal Government will share the risk of insured loss from certified acts of terrorism with commercial property and casualty insurers until the Program ends on December 31, 2005. This final rule makes minor technical changes to Subpart A of Part 50 of Title 31. One change conforms existing regulations to the June 18, 2004 determination by the Secretary of the Treasury to extend the ``make available'' provisions of section 103(c) of the Act through the third year of the Program (calendar year 2005). A second change clarifies the definition of the insurer deductible for Program Year 3 for certain newly formed insurers to more closely parallel the language of the Act.

This action revokes the Class D airspace area for the South Lake Tahoe Airport, South Lake Tahoe, California. The FAA is taking this action due to closure of the Airport Traffic Control Tower (ATCT).

The Coast Guard is changing the regulation governing the Stillwater Highway Drawbridge, across the St. Croix River at Mile 23.4, at Stillwater, Minnesota. Under this rule, the drawbridge need not open for river traffic and may remain in the closed-to-navigation position from midnight, October 14, 2005, until midnight, March 15, 2006. This rule allows time to perform maintenance and repairs to the bridge.