March 2005 – Federal Register Recent Federal Regulation Documents

This document withdraws the direct final rule published in the Federal Register on March 1, 2005. 70 FR 9872. In that rule, we approved a revision to the State of Maine's plan for controlling total reduced sulfur (``TRS'') from kraft pulp mills under section 111(d) of the Clean Air Act (``CAA'') (the ``111(d) plan''). That revision extended the compliance date for brown stock washers to April 17, 2007. EPA stated in the direct final rule that if it received adverse comment by March 31, 2005, the rule would be withdrawn and not take effect. We are withdrawing the direct final rule today because we received an adverse comment concerning our approval to extend the compliance date for brown stock washers. EPA will address this comment and any others received concerning Maine's revision to its 111(d) plan in a subsequent final action based upon the proposed rule that was issued simultaneously with the direct final rule. 70 FR 9901. As explained in the direct final rule and the proposed rule, EPA will not institute a second comment period on this action. 70 FR 9874; 70 FR 9901. In addition, this document corrects a statement in the preamble of the direct final rule. In that preamble, the Agency inaccurately summarized the provisions of CAA section 111(d). This mistake has no bearing on the substance of EPA's proposed approval of Maine's revision to its 111(d) plan.

This action proposes to establish eight area navigation (RNAV) routes in Alaska to support the Alaskan Region's Capstone Program. The Capstone Program is a Safety Program which seeks near term safety and efficiency gains by accelerating the implementation and use of modern technology. The FAA is proposing this action to enhance safety and to improve the efficient use of the navigable airspace in Alaska.

The Commodity Futures Trading Commission (Commission) periodically reviews its policies and rules pertaining to the regulatory framework for speculative position limits, including the speculative position limits set out in Commission regulation 150.2 (Federal speculative position limits). In this regard, the Commission has reviewed the existing levels for Federal speculative position limits and is now proposing to increase these limits for all single- month and all-months-combined positions. In addition, the Commission is proposing to delete several obsolete provisions that relate to contracts that are no longer listed for trading or to DCMs that no longer exist. The Commission is requesting comment on these rule amendments.

In this document, the Commission addresses issues raised in petitions for reconsideration filed pursuant to the First Report and Order and Fourth Report and Order, and certain ancillary slamming issues relating to switchless resellers that were raised in CC Docket No. 94-129 and CC Docket No. 00-257 that have not yet been resolved.

On March 9, 2005 (70 FR 11535), a final rule was published announcing the relocation of the Boston Regional Office of the Federal Labor Relations Authority effective March 21, 2005. However, the moving date of the Boston Regional Office has been delayed and the relocation will be effective April 25, 2005.

The Environmental Protection Agency (EPA) is proposing to correct a final rule that appeared in the Federal Register of March 2, 2005 (70 FR 10041). The document de-designated certain ocean dredged material disposal sites and designated new sites located off the mouth of the Columbia River near the states of Oregon and Washington. The coordinates for one of those sites, the Shallow Water site, contained a typographical error in the Overall Site Coordinates as published on page 10055 in Federal Register. This rule proposes to correct the typographical error.

Alabama 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 Alabama's changes to its 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.

EPA is taking direct final action to approve revisions to the Oregon Visibility Protection Plan submitted to EPA on January 22, 2003. The revisions are the result of a required periodic review of the Visibility Protection Plan conducted by the State, and reflect recommendations from the Oregon Visibility Advisory Committee. In general, the revisions reflect work the State intends to conduct over the next three years. EPA has determined that this submission is a general strengthening of the State Implementation Plan (SIP) as it expands strategies to protect visibility in Oregon.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Saab Model SAAB SF340A and SAAB 340B series airplanes. The existing AD currently requires repetitive detailed inspections of the windshield wiper assembly for discrepant conditions, and corrective actions if necessary. This proposed AD also would require a detailed inspection of the left and right wiper arm assemblies for damage, and corrective/related investigative actions if necessary. This proposed AD is prompted by an additional incident of a windshield wiper blade separating from the wiper arm. We are proposing this AD to prevent separation of a wiper arm from the airplane, which could result in damage to the fuselage skin and propeller.

The FAA proposes to adopt a new airworthiness directive (AD) for all Fokker Model F.28 series airplanes. This proposed AD would require a one-time inspection of the area underneath the auxiliary power unit (APU) enclosure to determine if drain tubes in the area are correctly installed and to detect damaged wiring, and corrective action if necessary. This proposed AD is prompted by a report of a fire under the APU enclosure. We are proposing this AD to prevent fuel from accumulating under the APU enclosure, which, in the presence of an ignition source, could result in a fire.

This regulation implements cost-of-living adjustments to civil money penalties (CMPs) that the Farm Credit Administration (FCA) may impose under the Farm Credit Act of 1971, as amended (Farm Credit Act), and under the National Flood Insurance Reform Act of 1994 (Reform Act). The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996, requires all Federal agencies with the authority to impose CMPs to evaluate those CMPs periodically to ensure that they continue to maintain their deterrent value.

MMS proposes to modify its regulations to change some existing fees and implement several new fees. The proposed fees would offset MMS's costs of performing certain services relating to its minerals programs.

The Food Safety and Inspection Service (FSIS) is proposing to amend the poultry products inspection regulations by terminating the designation of the State of North Dakota under sections 1 through 4, 6 through 10, 11(b), 11(c), and 12 through 22 of the Poultry Products Inspection Act (PPIA). The Commissioner of Agriculture of the State of North Dakota has advised this Department that effective November 8, 2004, the State will be in a position to administer a State poultry inspection program that includes requirements that are at least equal to those imposed under the Federal poultry products inspection program for poultry and poultry products distributed in interstate commerce.

This action revises the Class E airspace area at Presque Isle, ME (PQI) to increase the controlled airspace in the vicinity of the Northern Main Regional Airport (PQI), the Caribou Municipal Airport (CAR), and the Loring International Airport (ME16). This action is necessary to accommodate aircraft arriving at Loring International Airport using the new Instrument Landing System (ILS) approach to that airport.

The Captain of the Port Puget Sound will begin enforcing the Budd Inlet security zone in West Bay, Olympia, WA, on Friday, March 11, 2005 at 8 a.m. Pacific Standard Time. The security zone provides for the security of Department of Defense assets and military cargo in the navigable waters of Puget Sound and adjacent waters. The security zone will be enforced until Tuesday, March 15, 2005 at 11:59 p.m. Pacific Standard Time.

Tennessee has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant final authorization to Tennessee for RCRA Cluster XIII. In the ``Rules and Regulations'' section of this Federal Register, EPA is authorizing the changes by an immediate final rule. EPA did not make a proposal prior to the immediate final rule because we believe this action is not controversial and do not expect comments that oppose it. We have explained the reasons for this authorization in the preamble to the immediate final rule. Unless we get written comments which oppose this authorization during the comment period, the immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we get comments that oppose this action, we will withdraw the immediate final rule and it will not take effect. We will then respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment. If you want to comment on this action, you must do so at this time.

The Truman Scholarship Foundation (Foundation) proposes to amend its regulations with respect to Scholar accountability to the Foundation for scholarship funds received. This rule is to clarify existing Foundation policy. This is the second notice for public comment: the first was published in the Federal Register (January 21, 2005 70 FR 3178-3179), and no comments were received.

This document confirms the effective date of the direct final rule which revises Class E airspace at Coffeyville, KS.

This action proposes to establish 39 low altitude area navigation (RNAV) routes in Alaska to support the Alaskan Capstone Program. The FAA is proposing this action to enhance safety and improve the efficient use of the navigable airspace in Alaska.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 737-600, -700, -700C, -800, and -900 series airplanes. This AD requires repetitive detailed, low frequency eddy current, and high frequency eddy current inspections of the webs of the aft pressure bulkhead at body station 1016 for cracks, and corrective action if necessary. This AD is prompted by a report of cracks found, during fatigue testing, at several of the fastener rows in the web lap splices at the dome apex of the aft pressure bulkhead. We are issuing this AD to detect and correct fatigue cracks in the webs of the aft pressure bulkhead, which could result in rapid decompression of the airplane.

The FAA is adopting a new airworthiness directive (AD) for Boeing Model 737-300, -400, and -500 series airplanes modified in accordance with STC ST00127BO. This AD requires installation of bonding straps to the safe side harnesses of the digital transient suppression device of the fuel quantity indicating system. This AD is prompted by the results of fuel system reviews conducted by the STC holder. We are issuing this AD to prevent unsafe levels of current or energy from entering the fuel tank, due to hot short faults or threat conditions associated with the safe side harness assembly, which could result in a fire or explosion of the fuel tank.

The FAA is adopting a new airworthiness directive (AD) for Honeywell International Inc. (formerly AlliedSignal Inc. and Garrett Turbine Engine Co.) TFE731-2 and -3 series turbofan engines with certain part number (P/N) low pressure turbine (LPT) stage 1 disks installed. This AD requires for TFE731-2 and -2C series engines, initial and repetitive measurements and calculations to determine acceptance, and adjustment or replacement if necessary, of the LPT stage 1 nozzle assembly. This AD also requires for TFE731-3, -3A, -3AR, -3B, -3BR, and -3R series engines, replacement of LPT stage 1 disks with serviceable disks. This AD also allows replacement of the LPT stage 1 disk with a disk having a part number not listed in the AD as optional terminating action to the repetitive actions. This AD results from a report of an uncontained failure of the LPT stage 1 disk installed in a TFE731-3-1H turbofan engine. We are issuing this AD to prevent additional uncontained failure of the LPT stage 1 disk, and possible damage to the airplane.

The FAA is reopening the comment period of a proposed airworthiness directive (AD) for Honeywell International Inc., (formerly AlliedSignal, Inc., formerly Textron Lycoming) T5309, T5311, T5313B, T5317A, T5317A-1, and T5317B series turboshaft engines, installed on, but not limited to, Bell 205 and Kaman K-1200 series helicopters, and T53-L-9, T53-L-11, T53-L-13B, T53-L-13BA, T53-L-13B S/ SA, T53-L-13B S/SB, T53-L-13B/D, and T53-L-703 series turboshaft engines, installed on, but not limited to, Bell AH-1 and UH-1 helicopters, certified under Sec. 21.25 or 21.27 of the Code of Federal Regulations (14 CFR 21.25 or 14 CFR 21.27). The proposed AD would require operators to remove from service affected compressor, gas producer, and power turbine rotating components at reduced life limits, and would require use of replacement drawdown schedules for components on certain engine models that exceed the new limits. Since issuing the NPRM, we have determined that the comment period for NPRM, Docket No. FAA-2004-18038 (69 FR 33599, June 16, 2004) should be reopened and the public should have additional time to comment.

The amendments in this final rule delay until further notice the applicability of certain provisions of the rule entitled ``Bovine Spongiform Encephalopathy; Minimal-Risk Regions and Importation of Commodities,'' published in the Federal Register on January 4, 2005, 70 FR 460-553. That rule was scheduled to amend the regulations in 9 CFR parts 93, 94, 95, and 96, effective March 7, 2005, to establish a category of regions that present a minimal risk of introducing bovine spongiform encephalopathy into the United States via live ruminants and ruminant products and byproducts and to add Canada to this category. That rule included conditions for the importation of certain live ruminants and ruminant products from such regions.

This document contains temporary regulations relating to additions to the list of items of return information disclosed to the Bureau of the Census (Bureau). The regulation adds two items of return information for use in producing demographic statistics programs, including the Bureau's Small Area Income and Poverty Estimates (SAIPE). The temporary regulations also remove four items that the Bureau has indicated are no longer necessary. The text of these temporary regulations serves as the text of the proposed regulations set forth in the notice of proposed rulemaking on this subject in the Proposed Rules section of this issue of the Federal Register.