March 2005 – Federal Register Recent Federal Regulation Documents

The FAA is proposing this rule to address persistent flight delays related to over-scheduling at O'Hare International Airport (O'Hare). This proposed rule is intended as an interim measure, because the FAA anticipates that the rule would yield to longer term solutions to traffic congestion at the airport. Such solutions include an application by the City of Chicago that, if approved, would modernize the airport and reduce levels of delay, both in the medium term and long term. For this reason, the proposed rule includes provisions allowing for the limits it imposes to be gradually relaxed and in any event would sunset in 2008.

The North Pacific Fishery Management Council (Council) has submitted Amendment 10 to the Fishery Management Plan for the Scallop Fishery off Alaska (FMP) for review by the Secretary of Commerce (Secretary). Amendment 10 would modify the gear endorsements under the license limitation program (LLP) for the scallop fishery to increase the dredge size allowed on vessels that qualify for the gear restriction endorsement. This action is necessary to allow increased participation by LLP license holders in the scallop fisheries off Alaska. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act), the FMP, and other applicable laws.

This document requests comments on two conflicting petitions for rulemaking. The first petition was jointly filed by KFCM, Inc. and Bragg Broadcasting, Inc., proposing the substitution of Channel 252C2 for Channel 252C3 at Cherokee Village, Arkansas, the reallotment of Channel 252C2 from Cherokee Village to Black Rock, Arkansas, and the modification of Station KFCM(FM)'s license accordingly; and the reallotment of Channel 222C2 from Thayer, Missouri to Cherokee Village, Arkansas, and the modification of Station KSAR(FM)'s license accordingly (RM-10837). The second petition was filed by Charles Crawford proposing the allotment of Channel 254A at Cave City, Arkansas, as the community's first local commercial FM transmission service. To accommodate the allotment, Crawford also proposes the reclassification of Station KURB(FM) at Little Rock, Arkansas from 253C to 253C0, pursuant to the Commission's reclassification procedures (RM- 10838). Channel 252C2 can be reallotted to Black Rock in compliance with the Commission's minimum distance separation requirements with a site restriction of 5.0 kilometers (3.1 miles) southwest at joint petitioners' requested site. The coordinates for Channel 252C2 at Black Rock are 36-05-25 North Latitude and 91-08-55 West Longitude. See SUPPLEMENTARY INFORMATION, infra.

In this document, the Commission seeks comment on the implementation of Section 207 of the Satellite Home Viewer Extension and Reauthorization Act of 2004 (``SHVERA''). Section 207 extends section 325(b)(3)(C) of the Communications Act until 2010 and amends that section to impose good faith retransmission consent bargaining obligations on multichannel video programming distributors (``MVPDs''). The Commission tentatively concludes that it should amend its existing good faith retransmission consent bargaining rules to apply equally to both broadcasters and MVPDs. The Commission also seeks comment on appropriate good faith retransmission consent negotiating standards for out-of-market significantly viewed television broadcast stations.

This document requests comments on a petition for rulemaking filed by Linda Crawford requesting the allotment of Channel 250A at Encino, Texas, as its second local service. Channel 250A can be allotted to Encino consistent with the minimum distance separation requirements of the Commission's rules at city reference coordinates, 26-56-09 NL and 98-08-06 WL.

This document requests comments on a petition for rulemaking filed by Akron Broadcasting Company (``Petitioner''), seeking to amend the FM Table of Allotments by allotting Channel 279C1 at Akron, Colorado, as the community's first local aural transmission service. Petitioner's proposal also requires the reclassification of Station Station KRFX(FM), Denver, Colorado, Channel 287C to specify operation on Channel 278C0.KURB(FM), Channel 253C, Little Rock, Arkansas 253C0 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 Jacor Broadcasting of Colorado, Inc. (``Jacor''), licensee of Station KRFX(FM), Denver, Colorado, affording it 30 days to express in writing an intention to seek authority to upgrade its technical facilities to preserve Class C status, or otherwise challenge the proposed action (RM-10630). Channel 279C1 can be allotted at Akron, Colorado, at Petitioner's requested site 24.5 kilometers (15.2 miles) southeast of the community at coordinates 40-03-28 NL and 102-57-35 WL.

This action amends Title 14 Code of Federal Regulations, part 71 (14 CFR part 71) by revising Class E airspace at Parsons, KS. The FAA is canceling three, modifying two and establishing three new standard instrument approach procedures (SIAPs) to serve Tri-City Airport, Parsons, KS. These actions require modification of the Class E airspace area extending upward from 700 feet above ground level (AGL) at Parsons, KS. The area is enlarged and two extensions are eliminated to conform to airspace criteria in FAA Orders. The intended effect of this rule is to provide controlled airspace of appropriate dimensions to protect aircraft departing from and executing SIAPs to Tri-City Airport.

This rule establishes the quantity of spearmint oil produced in the Far West, by class, that handlers may purchase from, or handle for, producers during the 2005-2006 marketing year, which begins on June 1, 2005. This rule establishes salable quantities and allotment percentages for Class 1 (Scotch) spearmint oil of 677,409 pounds and 35 percent, respectively, and for Class 3 (Native) spearmint oil of 867,958 pounds and 40 percent, respectively. The Spearmint Oil Administrative Committee (Committee), the agency responsible for local administration of the marketing order for spearmint oil produced in the Far West, recommended these limitations for the purpose of avoiding extreme fluctuations in supplies and prices to help maintain stability in the spearmint oil market.

We are approving an amendment to the Colorado regulatory program (the ``Colorado program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Colorado proposed revisions to its rules concerning prime farmland, revegetation, hydrology, enforcement, topsoil, historic properties, bond release and permit requirements. The State intends to revise its program to be consistent with the corresponding Federal regulations, provide additional safeguards, clarify ambiguities, and improve operational efficiency.

The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Tariff of Tolls in their respective jurisdictions. The Tariff sets forth the level of tolls assessed on all commodities and vessels transiting the facilities operated by the SLSDC and the SLSMC. The SLSDC will be revising its regulations to reflect the fees and charges levied by the SLSMC in Canada starting in the 2005 navigation season, which are effective only in Canada. The SLSDC also proposes an amendment to increase the charge per pleasure craft per lock transited for full or partial transit of the Seaway. Since this latter proposed amendment would apply in the United States, comments are invited on this amendment only. (See SUPPLEMENTARY INFORMATION.)

On February 25, 2005, the Office of Federal Housing Enterprise Oversight (OFHEO) published a notice of proposed rulemaking titled ``Mortgage Fraud Reporting'' in the Federal Register (70 FR 9255) that would set forth safety and soundness requirements with respect to mortgage fraud reporting in furtherance of the supervisory responsibilities of OFHEO under the Federal Housing Enterprises Financial Safety and Soundness Act of 1992. OFHEO has received requests from the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation for an extension of the current comment period deadline of March 28, 2005, to enable them to present their respective views in a manner that is as comprehensive and as helpful to OFHEO as possible. In recognition of the importance of obtaining fully developed and constructive comments as to the implications of this proposed rulemaking, OFHEO is extending the comment period for the proposed mortgage fraud reporting regulation from March 28, 2005, to April 4, 2005. The extension will ensure that all interested parties have ample opportunity to participate in the rulemaking process by providing meaningful comment in the development of the proposed regulation.

We are amending the regulations for emergency medical equipment to allow approved power sources that do not have TSO markings to be used in automated external defibrillators carried on board aircraft. We have found that in at least one instance, power sources manufactured before the manufacturer received TSO marking approval are identical to those manufactured with a TSO marking. Allowing already- purchased power sources to be used through their effective life will save operators money and will not result in decreased safety when the agency has made a finding of equivalency.

We, the U.S. Fish and Wildlife Service (Service), propose to reclassify the American crocodile (Crocodylus acutus) distinct vertebrate population segment (DPS) in Florida from its present endangered status to threatened status under the authority of the Endangered Species Act of 1973, as amended (Act). We believe that the endangered designation no longer correctly reflects the current status of this taxon within this DPS due to a substantial improvement in the species' status. Since its listing in 1975, the American crocodile population in Florida has more than doubled, and its distribution has expanded. Land acquisition has also provided protection for many important nesting areas. We have determined that the American crocodile in its range in Florida meets the criteria of a DPS as stated in our policy of February 17, 1996. If this proposal is finalized, the American crocodile DPS in Florida will continue to be federally protected as a threatened species. The American crocodile throughout the remainder of its range as described in our December 18, 1979, final rule would remain endangered. Because a status review is also required for the 5-year review of listed species under section 4(c)(2)(A) of the Act, we are electing to prepare these reviews simultaneously. We are seeking data and comments from the public on this proposal.

The Department of Energy (DOE) today gives notice that draft Technical Guidelines for the revised Voluntary Reporting of Greenhouse Gases Program are available for review and comment. DOE will hold a public workshop to receive stakeholder views on the draft Technical Guidelines, as well as the interim final General Guidelines that DOE is publishing in the Rules and Regulations section of today's issue of the Federal Register. In addition, DOE and the United States Department of Agriculture will jointly hold a public workshop to receive stakeholder views on the draft Technical Guidelines for Agriculture and Forestry and related interim final General Guidelines.

The Coast Guard proposes to establish a safety zone around a petroleum and gas production facility in Green Canyon 782 of the Outer Continental Shelf in the Gulf of Mexico. The facility needs to be protected from vessels operating outside the normal shipping channels and fairways, and placing a safety zone around this area would significantly reduce the threat of allisions, oil spills and releases of natural gas. This proposed rule prohibits all vessels from entering or remaining in the specified area around the facility's location except for the following: an attending vessel; a vessel under 100 feet in length overall not engaged in towing; or a vessel authorized by the Eighth Coast Guard District Commander.

This notice proposes to create a Class E2 surface area at Valentine, NE. It also proposes to modify the Class E5 airspace at Valentine, NE.

NMFS proposes initial 2005 fishing year specifications for the Atlantic bluefin tuna (BFT) fishery to set BFT quotas for each of the established domestic fishing categories and to set General category effort controls. This action is necessary to implement recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), as required by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). NMFS will hold public hearings to receive comments on these proposed actions.

In this document, the Commission addresses the current waiver of the telecommunications relay services (TRS) requirement that TRS providers (including providers of captioned telephone service) offer three-way calling functionality as a TRS mandatory standard. Also in this document, the Commission clarifies the manner in which TRS providers may comply with this rule; as a result, a waiver of this requirement is no longer necessary.

This document adds eight new allotments in Kerman, California, Lockney, Texas, Lone Wolf, Oklahoma, Quanah, Texas, Orchard Mesa, Colorado, Rising Star, Texas, Twentynine Palms, California, and Waterford, California. The Audio Division, at the request of Linda A. Davidson, allots Channel 224A at Kerman, California, as the community's third local aural transmission service. Channel 224A can be allotted to Kerman in compliance with the Commission's minimum distance separation requirements with a site restriction of 13.8 kilometers (8.6 miles) west to avoid a short-spacing to the license sites of FM Station KZFO, Channel 224B, Clovis, California and FM Station KMJO, Channel 224B1, Marina, California. The reference coordinates for Channel 224A at Kerman are 36-40-37 North Latitude and 120-12-08 West Longitude. Supplementary Information, infra.

North Carolina has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has determined that these changes satisfy all requirements needed to qualify for Final authorization, and is authorizing the State's changes through this immediate final action. EPA is publishing this rule to authorize the changes without a prior proposal because we believe this action is not controversial and do not expect comments that oppose it. Unless we get written comments which oppose this authorization during the comment period, the decision to authorize North Carolina's changes to their hazardous waste program will take effect. If we get comments that oppose this action, we will publish a document in the Federal Register withdrawing this rule before it takes effect and a separate document in the proposed rules section of this Federal Register will serve as a proposal to authorize the changes.

This regulation establishes time-limited tolerances for combined residues of thiophanate-methyl and its metabolite methyl 2- benzimidazoyl carbamate (MBC) in or on cotton and cotton, gin byproducts. 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 cotton. This regulation establishes a maximum permissible level for residues of thiophanate-methyl in these feed commodities. These tolerances will expire and are revoked on December 31, 2007.

EPA is proposing to approve revisions to the Maricopa County portion of the Arizona State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from polystyrene foam molding operations. We are proposing to approve Maricopa County Rule 358 to regulate these emission sources for purposes of reasonably available control technology under the Clean Air Act as amended in 1990 (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.

The General Services Administration (GSA) published a document in the Federal Register on Tuesday, March 15, 2005 (70 FR 12598), that updated Federal, State, and Puerto Rico tax tables for calculating the relocation income tax (RIT) allowance. This document corrects that final rule.

This action withdraws a notice of proposed rulemaking (NPRM) that proposed superseding an existing airworthiness directive (AD), applicable to certain McDonnell Douglas transport category airplanes. That action would have required inspection for proper installation, damage, or abrasion of the power feeder cables and trough installations; proper installation of caterpillar grommets in the lightening holes; and repair if necessary. The proposed rule also would have required modification of the power feeder cable installation and added airplanes to the applicability of the existing AD. Since the issuance of the NPRM, the FAA has received new data indicating that the applicability and required actions of the existing AD adequately address the unsafe condition that is identified in the existing AD. Accordingly, the proposed AD is withdrawn.