April 13, 2005 – Federal Register Recent Federal Regulation Documents

NMFS is prohibiting directed fishing for species that comprise the deep-water species fishery by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary because the second seasonal apportionment of the 2005 Pacific halibut bycatch allowance specified for the deep-water species fishery in the GOA has been reached.

The Coast Guard and the Maritime Administration (MARAD) are withdrawing their joint notice of proposed rulemaking on documentation, under the lease-financing provisions, of vessels engaged in the coastwise trade. The joint notice of proposed rulemaking was superseded by legislation. A new notice of proposed rulemaking addressing the provisions of the new legislation will be published in the future.

These special conditions are issued to The Lancair Company, 22550 Nelson Road, Bend, Oregon 97701, for a Type Design Change for the Lancair LC41-550FG and LC42-550FG airplanes. These airplanes have novel and unusual design features when compared to the state of technology envisaged in the applicable airworthiness standards. These novel and unusual design features include the installation of electronic flight instrument system (EFIS) displays Model 700-00006-XXX-( ) manufactured by Avidyne Corporation for which the applicable regulations do not contain adequate or appropriate airworthiness standards for the protection of these systems from the effects of high intensity radiated fields (HIRF). These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to the airworthiness standards applicable to these airplanes.

The Environmental Protection Agency (EPA) is promulgating this direct final rule to correct the final rule published in the Federal Register on March 12, 2004. Specifically, EPA is amending the regulatory text for the definitions of refrigerant and technician. EPA is also amending the prohibition against venting substitute refrigerants to reflect the changes in the definitions. These changes are being finalized to make certain that the regulations promulgated on March 12, 2004 cannot be construed as a restriction on the sales of substitutes that do not consist of an ozone-depleting substance (ODS), such as pure hydrofluorocarbon (HFC) and perfluorocarbon (PFC) substitutes.

The EPA is proposing to amend the National Emissions Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum Control Technology Standards which were promulgated in June 1999 (64 FR 34863), and the National Emission Standards for Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations which were promulgated in July 2002 (67 FR 46258). The proposed amendments would clarify the compliance requirements for benzene waste streams, clarify the requirements for heat exchangers and heat exchanger systems, and stipulate the provisions for offsite waste transfer in the national emission standards for ethylene process units. The proposed amendments would also correct the regulatory language that make emissions from ethylene cracking furnaces during decoking operations an exception to the provisions and delineate overlapping requirements for storage vessels and transfer racks. In addition, the proposed amendments would also correct errors in the proposed rule for the Acrylic and Modacrylic Fiber Production source category which were not corrected as indicated in the preamble to the June 1999 final rule (64 FR 34863). In the Rules and Regulations section of this Federal Register, we are taking direct final action on the proposed amendments because we view these revisions as noncontroversial and anticipate no adverse comments. We have explained our reasons for the amendments in the direct final rules. If we have no adverse comments, we will take no further action on the proposed amendments. If we receive adverse comments, we will withdraw only those amendments on which we receive adverse comments. We will publish a timely withdrawal in the Federal Register indicating which amendments will become effective and which amendments are being withdrawn. If all or part of the direct final rules in the Rules and Regulations section of this Federal Register is withdrawn, all comments pertaining to those amendments will be addressed in a subsequent final rulemaking based on these proposed amendments. We will not institute a second comment period on the subsequent final action. Any parties interested in commenting must do so at this time.

During 2004 the Parole Commission carried out a pilot project to study the feasibility of conducting parole release hearings through videoconferences between an examiner at the Commission's office and prisoners at selected institutions of the Federal Bureau of Prisons. In order to give notice of this project, the Commission promulgated an interim rule that provided that a parole release hearing may be conducted through a videoconference with the prisoner. The pilot project has been a success and the Commission is now amending the interim rule to include institutional revocation hearings as hearings that may be conducted by videoconference. The Commission is taking this action to further conserve personnel resources and reduce the costs associated with travel by the agency's hearing examiners.

The FAA proposes to adopt a new airworthiness directive (AD) for all GROB-WERKE (GROB) Model G120A airplanes. This proposed AD would require you to repetitively inspect the nose landing gear (NLG) assembly, paying special attention to the NLG swivel tube and the engine truss in the area of the NLG attachment, for cracks and damaged (defective) welding seams. If you find cracks or defects during any inspection, this proposed AD would require you to replace the cracked or defective part. This proposed AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Germany. We are issuing this proposed AD to detect and correct cracks and defects in the NLG assembly, which could result in failure of the NLG. This failure could lead to a hard landing and/or loss of control of the airplane during landing operations.

The FAA proposes to supersede two existing airworthiness directives (AD) for certain Boeing transport category airplanes. One AD currently requires doing certain inspections to detect cracks and corrosion around the lower bearing of the actuator attach fittings of the inboard and outboard flaps; repairing if necessary; and either overhauling the fittings or replacing them, which when done on certain actuator attach fittings ends the repetitive inspections. The other AD currently requires certain other inspections to detect discrepancies of the fittings of the flaps, and follow-on and corrective actions if necessary, which ends the repetitive inspections of the first AD. For certain airplanes, this proposed AD would require new inspections for discrepancies of the attach fittings of the flaps, and follow-on and corrective actions if necessary, which ends the repetitive inspections of both existing ADs. For all airplanes, this proposed AD would require repetitive overhaul/replacements of the fittings of both the inboard and outboard flaps. This proposed AD is prompted by reports of cracks of the attach fittings of the trailing edge flaps. We are proposing this AD to prevent cracking and other damage of the actuator attach fittings of the trailing edge flaps, which could result in abnormal operation or retraction of a trailing edge flap, and possible loss of controllability of the airplane.

The Securities and Exchange Commission (Commission) is publishing this interpretive release with respect to prohibited conduct in connection with securities distributions, particularly with a focus on initial public offering (IPO) allocations. The Commission is soliciting comment on the issues discussed here.

We are planning to update and revise the rules we use to evaluate respiratory disorders of adults and children who apply for, or receive, disability benefits under title II and Supplemental Security Income (SSI) payments based on disability under title XVI of the Social Security Act (the Act). The rules we plan on revising are sections 3.00 and 103.00 in the Listing of Impairments in appendix 1 to subpart P of part 404 of our regulations (the listings). We invite you to send us comments and suggestions for updating and revising these rules. After we have considered your comments and suggestions, as well as information about advances in medical knowledge, treatment, and methods of evaluating respiratory disorders, and our program experience, we intend to publish for public comment a Notice of Proposed Rulemaking (NPRM) that will propose specific revisions to the rules. As part of our long-term planning for the disability programs, we are also interested in your ideas for how we may be able to improve our programs for people who have respiratory disorders, especially those who would like to work.

We are considering whether to propose new rules for evaluating language and speech disorders. The new rules would apply to adults and children who apply for, or receive, disability benefits under title II and Supplemental Security Income (SSI) payments based on disability under title XVI of the Social Security Act (the Act). Specifically, we are considering whether to add a new body system in the Listing of Impairments in appendix 1 to subpart P of part 404 of our regulations (the listings) for these disorders. We invite you to send us comments about whether we should establish these new rules, as well as suggestions about what the proposed rules should include. We will consider your comments and suggestions, as well as information about advances in medical knowledge, treatment, and methods of evaluating language and speech disorders, along with our program experience. If we decide to propose new listings for language and speech disorders, we will publish them as proposed rules for public comment in a Notice of Proposed Rulemaking (NPRM). As part of our long-term planning for the disability programs, we are also interested in your ideas for how we may improve our programs for people with disabilities, including people who have disabilities based on language and speech disorders, and especially those who would like to work.

We propose to revise our regulations to identify additional bases upon which we may bring charges to disqualify an individual from acting as a representative before the Social Security Administration (SSA), and to set forth the conditions under which we will reinstate an individual whom we have disqualified as a representative because the individual collected or received, and retains, a fee in excess of the amount we authorized. These proposed rules revise our regulations on the representation of parties to implement section 205 of the Social Security Protection Act of 2004 (SSPA) and to make additional changes in these regulations that relate to the changes required by this legislation. The rules also propose three technical changes in our regulations on the representation of parties. DATES: To be sure that we consider your comments, we must receive them by June 13, 2005.

This final rule revises the regulations to require all participants in HUD's Multifamily Housing Programs to file their Previous Participation Certificates by a specified date using the Active Partner Performance System on HUD's secure Internet site. This rule follows publication of a proposed rule and takes into consideration the public comments received on the proposed rule. This rule makes no substantive change to the proposed rule, but provides for a six-month delay in the effective date of the electronic submission requirement.

The Audio Division requests comment on two petitions proposing new allotments at Steamboat Springs, Colorado and Victoria, Texas. Dana J. Puopolo filed a petition proposing the allotment of Channel 289A at Steamboat Springs, Colorado, as its third FM commercial broadcast service. Channel 289A can be allotted to Steamboat Springs in compliance with the Commission's minimum distance separation requirements with a site restriction of 6.1 kilometers (3.8 miles) west to avoid a short-spacing to the application site of FM Station KJAC, Channel 288C1, Timnath, Colorado. The reference coordinates for Channel 289A at Steamboat Springs are 40-30-00 NL and 106-54-00 WL. The Audio Division requests comments on a petition filed by Katherine Pyeatt proposing the allotment of Channel 290A at Victoria, Texas, as the community's sixth FM commercial broadcast service. Channel 290A can be allotted to Victoria in compliance with the Commission's minimum distance separation requirements with a site restriction of 8.1 kilometers (5.0 miles) north to avoid a short-spacing to the license site of FM Station KVIC, Channel 236C3, Victoria, Texas. See BLH- 2000501ACB. The reference coordinates for Channel 290A at Victoria are 28-52-40 NL and 96-59-54 WL. See Supplementary Information, supra.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect a change of sponsor for a new animal drug application (NADA) from Merial Ltd. to Farnam Companies, Inc.

This document recommends that the producer-handler definitions of the Pacific Northwest and the Arizona-Las Vegas milk marketing orders be amended to limit producer-handler status to those entities with route disposition of fluid milk products of less than three million pounds per month.

This regulation establishes an exemption from the requirement of a tolerance for residues of the fungus Paecilomyces lilacinus (P. lilacinus) strain 251 in or on food commodities when applied or used in accordance with label directions. Prophyta Biologischer Pflanzenschutz GmbH, Germany 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. Notification that EPA had received the petition was published on November 7, 2003 (68 FR 63088-92) (FRL-7331-7). This regulation eliminates the need to establish a maximum permissible level for residues of P. lilacinus strain 251.

This document is a summary of the Memorandum Opinion and Order and Second Order on Reconsideration adopted by the Commission in this proceeding. The Commission reaffirmed its decision to allow satellite operators to integrate Ancillary Terrestrial Components (ATC) to existing Mobile Satellite Service (MSS) systems and amended the service rules governing ATC to provide greater flexibility for MSS operators to design and deploy ATC, while protecting other users in the bands. The new rules will further the Commission's goals of development and rapid deployment of new technologies, products, and services for the benefit of the public, including those residing in rural areas, and efficient and intensive use of the electromagnetic spectrum.

This document proposes two change of community reallotments for Caliente and Moapa, Nevada; and Mercer and Hermitage, Pennsylvania. The Audio Division requests comments on a petition filed by Cumulus Licensing LLC, proposing the reallotment of Channel 233C from Caliente to Moapa, Nevada, and the modification of the new FM station's construction permit (File No. BNH-20050103AFD) accordingly. Channel 233C can be reallotted to Moapa in compliance with the Commission's minimum distance separation requirements with a site restriction of 63.0 kilometers (39.2 miles) north at Petitioner's authorized construction permit site. The coordinates for Channel 233C at Moapa are 37-14-37 NL and 114-36-01 WL. In accordance with the provisions of Section 1.420(i) of the Commission's Rules, we will not accept competing expressions of interest for the use of Channel 233C at Moapa, Nevada, or require Petitioner to demonstrate the existence of an equivalent class channel for the use of other interested parties. See Supplementary Information, infra.

The Audio Division requests comment on a petition filed by Radio Dalhart, requesting the substitution of Channel 241C1 for Channel 242C1 at Dalhart,TX, and the modification of its license for Station KXIT-FM, Dalhart, TX, to specify operation on Channel 241C1 in lieu of Channel 242C1. To accommodate this channel change, Radio Dalhart also requests the substitution of Channel 248C3 for Channel 241C3 at Perryton, TX, and the modification of the license for Station KEYE-FM, Perryton, TX, accordingly. See Supplementary Information, infra.

This document requests comments on a petition for rulemaking filed by New South Communications, Inc., proposing the reallotment of Channel 242C0 from Jackson to Madison, Mississippi, and the modification of the license for Station WUSJ(FM) to reflect the new community. The coordinates for Channel 242C0 at Madison, Mississippi are 32-11-29 NL and 90-24-22 WL. There is a site restriction 24.0 kilometers (14.9 miles) southwest of the community.

This document sets forth a proposal to amend the FM Table of Allotments, Section 73.202(b) of the Commission's rules, 47 CFR 73.202(b). The Audio Division requests comment on a petition filed by Dana J. Puopolo. Petitioner proposes the allotment of Channel 240A at Americus, Kansas, as that community's first local service. In order to accommodate the allotment of Channel 240A at Americus, Puopolo further proposes the substitution of Channel 244A for Channel 241A, Emporia, Kansas, at the existing reference coordinates, and he commits to compensate the licensee for expenses incurred in moving from Channel 241A to Channel 244A. The proposed coordinates for Channel 240A at Americus, Kansas, are 38-25-13 NL and 96-21-12 WL. The allotment will require a site restriction of 12.5 km (7.8 miles) southwest of Americus. The proposed coordinates for Channel 244A at Emporia, Kansas, are 38-24-21 NL and 96-14-13 WL. The allotment will require a site restriction of 4.9 km (3.0 miles) west of Emporia (current licensed site).

The Audio Division requests comment on two petitions filed by Linda A. Davidson and Paul Barth, requesting the allotment of Channel 221A at Redding, California, as a fourth commercial FM service. The proposed reference coordinates for Channel 221A at Redding are 40-34-35 and 122-22-12.

This document grants a rulemaking petition to reallot, downgrade, and change the community of license for Station WMRN-FM from Channel 295B at Marion, OH, to Channel 294B1 at Dublin, OH, as a first local service. To accommodate this action, the document also reallots, downgrades, and changes the community of license for Station WSRW-FM from Channel 294B at Hillsboro, OH, to Channel 293A at Chillicothe, OH. Finally, the document denies objections raised by Infinity Broadcasting Operations, the Committee for Competitive Columbus Radio, and Sandyworld, Inc. See 67 F.R. 57780, September 12, 2002. See also SUPPLEMENTARY INFORMATION.