April 11, 2005 – Federal Register Recent Federal Regulation Documents

Notice is hereby given that effective immediately, the Bureau of Land Management (BLM), Monticello Field Office, is closing 1,835 acres of public lands in Bluff, Utah, to Off Road Vehicle (ORV) use. The public lands affected by this closure are in the following sections of T. 40 S., R. 21 E., SLB&M: Section 14, E\1/2\; Section 22, All; Section 23, NE(f), W\1/2\, N\1/2\SE\1/4\, N\1/2\S\1/2\SE\1/4\, S\1/ 2\S\1/4\SE(f); Section 26, NW\1/4\NE\1/4\(f), N\1/2\NW\1/4\(f) Section 27, N\1/2\N\1/2\NE\1/4\, S\1/2\NW\1/4\NE\1/4\, N\1/2\NW\1/4\(f) ((f) fractional portion). The purpose of the closure is to protect soils, vegetation and cultural resources that have been adversely impacted or are at risk of being adversely impacted by ORV use. The closure will remain in effect until the considerable adverse effects giving rise to the closure are eliminated and measures are implemented to prevent recurrence of these adverse effects.

The Bureau of Land Management (BLM) Redding Field Office intends to amend the Redding Resource Management Plan (RMP), changing the existing language of the RMP which specifies that the primary means for land tenure adjustment will be through land exchanges. At present land sales are allowed only for small-acreage, low-value parcels. The proposed change would enable disposal of lands by sales or exchanges, or by legislative transfer. This amendment would not change the status of lands presently identified for retention or for disposal in the RMP. Sale proceeds will be used in the same manner as exchange properties, for the acquisition of lands in those areas identified for acquisition in the RMP, pursuant to the Federal Land Transaction Facilitation Act (FLTFA), dated July 25, 2000.

The Legal Services Corporation (LSC) is the national organization charged with administering federal funds provided for civil legal services to low-income people. LSC hereby announces the availability of competitive grant funds and is soliciting grant proposals from interested parties who are qualified to provide effective, efficient, and high quality civil legal services to eligible clients in the service area(s) of the states and territories identified below. The exact amount of congressionally appropriated funds and the date, terms, and conditions of their availability for calendar year 2006 have not been determined.

The Consumer Product Safety Commission (CPSC or Commission) announces its fiscal year 2005 program for systematic review of its current substantive regulations to ensure, to the maximum practical extent, consistency among them and with respect to accomplishing program goals. In fiscal year 2005, the following six regulations will be evaluated: safety standard for cigarette lighters, 16 CFR part 1210; safety standard for multi-purpose lighters, 16 CFR part 1212; requirements for bicycles, 16 CFR part 1512; standards for the surface flammability of carpets and rugs, 16 CFR parts 1630 and 1631; and child-resistant packaging requirements for controlled drugs, 16 CFR 1700.14(a)(4). The primary purpose of the review is to assess the degree to which the regulations under review remain consistent with the Commission's program policies. In addition, each regulation will be examined with respect to the extent that it is current and relevant to CPSC program goals. Attention will also be given to whether the regulations can be streamlined, if possible, to minimize regulatory burdens, especially on small entities. To the degree consistent with other Commission priorities and subject to the availability of personnel and fiscal resources, specific regulatory or other projects may be undertaken in response to the results of the review. The Commission solicits written comments from interested persons concerning the designated regulations' currentness and consistency with Commission policies and goals, and suggestions for streamlining where appropriate. In so doing, commenters are requested to specifically address how their suggestions for change could be accomplished within the various statutory frameworks for Commission action under the Consumer Product Safety Act (CPSA), 15 U.S.C. 2051-2084, Federal Hazardous Substances Act (FHSA), 15 U.S.C. 1261-1278, Flammable Fabrics Act (FFA), 15 U.S.C. 1191-1204; and Poison Prevention Packaging Act (PPPA), 15 U.S.C. 1471-1476.

In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations that provide rules under section 937(a) of the Internal Revenue Code (Code) for determining whether an individual is a bona fide resident of the following U.S. possessions: American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands. The temporary regulations also provide rules under section 937(b) for determining whether income is derived from sources within a U.S. possession and whether income is effectively connected with the conduct of a trade or business within a U.S. possession. Section 937 was added to the Code by section 908 of the American Jobs Creation Act of 2004 (2004 Act). The temporary regulations also provide updated guidance under sections 1, 876, 881, 884, 931, 932, 933, 934, 935, 957, and 6688 of the Code to reflect amendments made by the Tax Reform Act of 1986 (1986 Act) and the 2004 Act. Conforming changes are also made to regulations under sections 170A, 861, 871, 901, 1402, 6038, 6046, and 7701 of the Code. The text of the temporary regulations on this subject in this issue of the Federal Register also generally serves as the text of these proposed regulations set forth in this cross-referenced notice of proposed rulemaking. This notice of proposed rulemaking also contains proposed regulations that are in addition to the text of the temporary regulations. These provisions that are issued only as proposed regulations contain additional conforming changes to the regulations under sections 1, 861, 871, and 7701.

The EPA is proposing to approve a State Implementation Plan (SIP) revision for the state of Texas. This revision adds new Division 2, Locally Enforced Motor Vehicle Idling Limitations, in Subchapter J, Operational Controls For Motor Vehicles. The rule allows local governments to voluntarily enter into an agreement with the State to enforce vehicle idling restrictions on vehicles over 14,000 pounds within their jurisdiction, with some exceptions.

Pursuant to section 2(b) of the Mineral Leasing Act of 1920, as amended by section 4 of the Federal Coal Leasing Amendments Act of 1976, 90 Stat. 1083, 30 U.S.A. 201(b), and to the regulations adopted at 43 CFR 3410, all interested parties are hereby invited to participate with Powder River Coal Company on a pro rata cost sharing basis in its program for the exploration of coal deposits owned by the United States of America in the following described lands in Campbell County, WY.

This amendment supersedes an existing airworthiness directive (AD), applicable to all Boeing Model 747-200F and -200C series airplanes, that currently requires repetitive detailed inspections or a one-time open-hole high frequency eddy current inspection to detect cracking of certain areas of the upper deck floor beams, and corrective actions if necessary. This amendment requires new one-time inspections for cracking of the web, upper chord, and strap of the upper deck floor beams. This action also requires modifying or repairing the upper deck floor beams, as applicable, which eventually necessitates accomplishment of new repetitive inspections for cracking of the upper deck floor beams. The actions specified by this AD are intended to prevent fatigue cracks in the upper chord and web of upper deck floor beams and the resultant failure of such floor beams. Failure of a floor beam could result in damage to critical flight control cables and wire bundles that pass through the floor beam, and consequent loss of controllability of the airplane. Failure of the floor beam also could result in the failure of the adjacent fuselage frames and skin, and consequent rapid decompression of the airplane. This action is intended to address the identified unsafe condition.

The FAA is superseding an existing airworthiness directive (AD), which applies to certain Airbus Model A300 B2 and B4 series airplanes; Model A300 B4-600, A300 B4-600R, A300 C4-605R Variant F, and A300 F4-600R (collectively called A300-600) series airplanes; and Model A310 series airplanes. That AD currently requires replacement of the transformer rectifier units (TRUs) in the avionics compartment with new, improved TRUs. This new AD requires replacement of the TRUs installed according to the existing AD with different TRUs that are improved. This AD is prompted by analysis that has revealed that certain diodes installed in the TRUs are the main factor contributing to the continuing TRU failures. We are issuing this AD to prevent failure of the TRUs. Failure of multiple TRUs could result in loss of the thrust reversers, autothrottle, flaps, and various systems (wing/ cockpit window anti-ice, trim tank pumps, and windshield wipers) on the airplane; or display of incorrect information to the flightcrew.

The FAA is adopting a new airworthiness directive (AD) for all Dassault Model Falcon 10 series airplanes. This AD requires revising the Limitations section of the airplane flight manual (AFM) to include a statement prohibiting flight into known or forecasted icing conditions, and installing a placard in the flight deck. In lieu of the AFM revision and placard installation, this AD allows identifying the part number of each flexible hose in the wing anti-icing system, performing repetitive detailed inspections of each hose for delamination, and performing corrective actions if necessary. This AD is prompted by a report of delamination of the internal wall of a flexible hose in the wing anti-icing system. We are issuing this AD to prevent collapse of the flexible hoses in the wing anti-icing system, which could lead to insufficient anti-icing capability and, if icing is encountered in this situation, could result in reduced controllability of the airplane.

This document is issued under the joint authority of the Secretary of Defense, the Administrator of General Services and the Administrator for the National Aeronautics and Space Administration. This Small Entity Compliance Guide has been prepared in accordance with Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of rules appearing in Federal Acquisition Circular (FAC) 2005-03 which amend the FAR. An asterisk (*) next to a rule indicates that a regulatory flexibility analysis has been prepared. Interested parties may obtain further information regarding these rules by referring to FAC 2005-03 which precedes this document. These documents are also available via the Internet at http:/ /www.acqnet.gov/far.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed to convert the interim rule published in the Federal Register at 69 FR 59702, October 5, 2004, to a final rule without change. The final rule amends the Federal Acquisition Regulation (FAR) to extend the Electronic and Information Technology (Section 508) micropurchase exception from October 1, 2004 to April 1, 2005.

This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in this Federal Acquisition Circular (FAC) 2005-03. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at https://www.acqnet.gov/far.