April 26, 2005 โ€“ Federal Register Recent Federal Regulation Documents

Revision of User Fees for 2005 Crop Cotton Classification Services to Growers
Document Number: 05-8373
Type: Proposed Rule
Date: 2005-04-26
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) is proposing to raise user fees for cotton producers for 2005 crop cotton classification services under the Cotton Statistics and Estimates Act. The 2004 user fee for this classification service was $1.65 per bale. This proposal would raise the fee for the 2005 crop to $1.85 per bale with the program. The proposed fee and the existing reserve are sufficient to cover the costs of providing classification services, including costs for administration and supervision.
Treble Damages for Failure To Engage in Loss Mitigation
Document Number: 05-8334
Type: Rule
Date: 2005-04-26
Agency: Department of Housing and Urban Development
This final rule amends HUD's civil money penalty regulations to reflect HUD's authorization to impose treble damages on a mortgagee for any mortgage for which the mortgagee had a duty but failed to engage in appropriate loss mitigation actions. The final rule follows publication of a proposed rule, takes into consideration the public comments received on the proposed rule, but makes no changes at this final rule stage.
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Revision to the Vehicle Inspection and Maintenance Program for the South Central and Northern Regions and New Safety Inspection Program Enhancements for Non-I/M Areas
Document Number: 05-8324
Type: Proposed Rule
Date: 2005-04-26
Agency: Environmental Protection Agency
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. This SIP revision amends Pennsylvania's prior, Federally approved enhanced vehicle inspection and maintenance (I/M) SIP, in particular to the I/M test type to apply to sixteen counties (Berks, Blair, Cambria, Centre, Cumberland, Dauphin, Erie, Lancaster, Lackawanna, Lebanon, Lehigh, Luzerne, Lycoming, Mercer, Northampton and York). Pennsylvania had previously adopted (but did not commence) a different form of testing for these counties, which EPA previously SIP-approved. Pennsylvania's revised SIP: Incorporates onboard diagnostic computer system checks for vehicles equipped with second generation onboard diagnostic systems (OBD-II) in the 8-county South Central Region (comprised of Berks, Dauphin, Cumberland, Lancaster, Lebanon, Lehigh and York Counties); applies different I/M test requirements for the South Central Region versus the 8-county Northern Region (comprised of Blair, Cambria, Centre, Erie, Lackawanna, Luzerne, Lycoming and Mercer Counties) in order to address the different air pollution concerns and vehicle fleets of those regions; revises Pennsylvania's motor vehicle safety inspection program (as it applies to forty-two counties not subject to Federal I/M program requirements) to include a visual inspection of safety-subject vehicles for the presence of certain emissions-related components, consistent with visual inspections performed under the I/M program in I/M-subject counties; revises the prior approved I/M SIP to incorporate miscellaneous program changes made by Pennsylvania since commencement of the enhanced I/M program in 1997 in the Pittsburgh and Philadelphia Regions; removes references in the prior approved SIP to the now defunct basic inspection program, which operated in the Allentown/Bethlehem/Easton program area until 1999. EPA proposes to approve Pennsylvania's I/M program revision submitted December 1, 2003, as amended April 24, 2004. This action is being taken under the authority of the Clean Air Act.
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Revision to the Vehicle Inspection and Maintenance Program for the Philadelphia and Pittsburgh I/M Regions
Document Number: 05-8323
Type: Proposed Rule
Date: 2005-04-26
Agency: Environmental Protection Agency
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. This revision establishes mandatory onboard diagnostic testing under the Commonwealth's motor vehicle inspection and maintenance (I/M) program, which applies to motorists in the I/M- designated areas (denoted by Pennsylvania as I/M Regions) of Philadelphia and Pittsburgh. This onboard diagnostic I/M testing applies only to 1996-and-newer vehicles that are already subject to Pennsylvania's existing I/M program and that are equipped with second generation on-board diagnostic systems (or OBD-II). The Commonwealth's SIP revision also includes a revised I/M program regulation that is an updated version of the previously approved Pennsylvania I/M SIP. This revised regulation contains minor updates made by Pennsylvania to their I/M program since inception of enhanced I/M testing in the Pittsburgh and Philadelphia areas since 1997. However, these administrative changes (which affect the Commonwealth's entire I/M program in all regions) were also part of a separate I/M program SIP revision submitted by Pennsylvania on December 1, 2003. EPA is addressing those administrative, program-wide changes via a separate, simultaneous rulemaking action on that December 2003 SIP revision. Therefore, those administrative changes are not being readdressed by EPA here. For purposes of this rulemaking action, only changes in the testing regimen applicable to the Philadelphia and Pittsburgh I/M Regions are addressed. The intended effect of this action is to propose approval of the Commonwealth's revised I/M program submitted to EPA on January 30, 2004, as amended on April 29, 2004. This action is being taken under the authority of the Clean Air Act.
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Clarification of Visible Emissions Exception Provisions
Document Number: 05-8318
Type: Proposed Rule
Date: 2005-04-26
Agency: Environmental Protection Agency
EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the State of Maryland Department of the Environment for the purpose of clarifying exception provisions of the visible emissions regulations for several source categories. In the Final Rules section of this Federal Register, EPA is approving the State's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Clarification of Visible Emissions Exception Provisions
Document Number: 05-8317
Type: Rule
Date: 2005-04-26
Agency: Environmental Protection Agency
EPA is taking direct final action to approve revisions to the Maryland State Implementation Plan (SIP). The revision consists of clarifications to the exception provisions of the Maryland visible emissions regulations. EPA is approving these revisions to the Maryland regulations in accordance with the requirements of the Clean Air Act.
Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Closure of the Quarter II Fishery for Loligo Squid
Document Number: 05-8310
Type: Rule
Date: 2005-04-26
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that the directed fishery for Loligo squid in the Exclusive Economic Zone (EEZ) will be closed effective 0001 hours, April 25, 2005. Vessels issued a Federal permit to harvest Loligo squid may not retain or land more than 2,500 lb (1,134 kg) of Loligo squid per trip for the remainder of the quarter (through June 30, 2005). This action is necessary to prevent the fishery from exceeding its Quarter II quota and to allow for effective management of this stock.
Fisheries of the Exclusive Economic Zone Off Alaska; Species in the Rock Sole/Flathead Sole/โ€œOther Flatfishโ€ Fishery Category by Vessels Using Trawl Gear in Bering Sea and Aleutian Islands Management Area
Document Number: 05-8309
Type: Rule
Date: 2005-04-26
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is closing directed fishing for species in the rock sole/ flathead sole/``other flatfish'' fishery category by vessels using trawl gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the second seasonal apportionment of the 2005 halibut bycatch allowance specified for the trawl rock sole/flathead sole/``other flatfish'' fishery category in the BSAI.
West Indian Fruit Fly; Regulated Articles
Document Number: 05-8303
Type: Rule
Date: 2005-04-26
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the West Indian fruit fly regulations by removing grapefruit, sweet lime, sour orange, and sweet orange from the list of regulated articles. A review of available scientific literature and other information has led us to conclude that these citrus fruits do not present a risk of spreading West Indian fruit fly. This action eliminates restrictions on the interstate movement of these citrus fruits from areas quarantined because of the West Indian fruit fly.
Asian Longhorned Beetle; Removal of Regulated Areas
Document Number: 05-8302
Type: Rule
Date: 2005-04-26
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the Asian longhorned beetle regulations by removing portions of Cook and DuPage Counties, IL, from the list of quarantined areas and removing restrictions on the interstate movement of regulated articles from those areas. We have determined that the Asian longhorned beetle no longer presents a risk of spread from those areas and that the quarantine and restrictions are no longer necessary.
Financial Crimes Enforcement Network; Amendment to the Bank Secrecy Act Regulations-Imposition of Special Measure Against VEF Banka
Document Number: 05-8280
Type: Proposed Rule
Date: 2005-04-26
Agency: Department of the Treasury, Department of Treasury
FinCEN is issuing this notice of proposed rulemaking to impose a special measure against joint stock company VEF Banka (VEF) as a financial institution of primary money laundering concern, pursuant to the authority contained in 31 U.S.C. 5318A.
Financial Crimes Enforcement Network; Amendment to the Bank Secrecy Act Regulations-Imposition of Special Measure Against Multibanka
Document Number: 05-8279
Type: Proposed Rule
Date: 2005-04-26
Agency: Department of the Treasury, Department of Treasury
FinCEN is issuing this notice of proposed rulemaking to impose a special measure against joint stock company Multibanka (Multibanka) as a financial institution of primary money laundering concern, pursuant to the authority contained in 31 U.S.C. 5318A.
Airworthiness Directives; Dornier Model 328-300 Series Airplanes
Document Number: 05-8277
Type: Proposed Rule
Date: 2005-04-26
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Dornier Model 328-300 series airplanes. This proposed AD would require modifying the electrical wiring of the fuel pumps; installing insulation at the flow control and shut-off valves, and other components of the environmental control system; installing markings at fuel wiring harnesses; replacing the wiring harness of the auxiliary fuel system with a new wiring harness; and installing insulated couplings in the fuel system; as applicable. This proposed AD also would require revising the Airworthiness Limitations section of the Instructions for Continued Airworthiness to incorporate new inspections of the fuel tank system. This proposed AD is prompted by the results of fuel system reviews conducted by the airplane manufacturer. We are proposing this AD to reduce the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.
Airworthiness Directives; Dornier Model 328-100 Series Airplanes
Document Number: 05-8271
Type: Proposed Rule
Date: 2005-04-26
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for all Dornier Model 328-100 series airplanes. This proposed AD would require modifying the electrical wiring of the fuel pumps; installing insulation at the hand flow control and shut-off valves, and other components of the environmental control system; and installing markings at fuel wiring harnesses. This proposed AD also would require revising the Airworthiness Limitations section of the Instructions for Continued Airworthiness to incorporate new inspections of the fuel tank system. This proposed AD is prompted by the results of fuel system reviews conducted by the airplane manufacturer. We are proposing this AD to reduce the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.
Special Local Regulations: Annual Offshore Super Series Boat Race, Fort Myers Beach, FL
Document Number: 05-8263
Type: Proposed Rule
Date: 2005-04-26
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to establish permanent special local regulations for the Offshore Super Series Boat Race in Fort Myers Beach, Florida. This event will be held annually during the second consecutive Saturday and Sunday of June between 10 a.m. and 5 p.m. EDT (Eastern Daylight Time). Historically, there have been approximately 350 participant and spectator craft. The resulting congestion of navigable channels creates an extra or unusual hazard in the navigable waters of the United States. This proposed rule is necessary to ensure the safety of life for the participating vessels, spectators, and mariners in the area on the navigable waters of the United States.
Safety Zone; Outer Continental Shelf Facility in the Gulf of Mexico for Mississippi Canyon 778
Document Number: 05-8262
Type: Proposed Rule
Date: 2005-04-26
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes the establishment of a safety zone around a petroleum and gas production facility in Mississippi Canyon 778 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 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.
Special Local Regulation for Marine Events; Severn River, College Creek, Weems Creek and Carr Creek, Annapolis, MD
Document Number: 05-8261
Type: Rule
Date: 2005-04-26
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing temporary special local regulations during the ``U.S. Naval Academy crew races'', a marine event to be held on the waters of the Severn River at Annapolis, Maryland on May 8 and 29, 2005. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic on the Severn River during the event.
Special Local Regulations for Marine Events; Approaches to Annapolis Harbor, Spa Creek and Severn River, Annapolis, MD
Document Number: 05-8260
Type: Rule
Date: 2005-04-26
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is implementing the special local regulations at 33 CFR 100.511 during the Annapolis Yacht Club boat parade, a marine event to be held May 8, 2005, on the waters of Spa Creek and the Severn River at Annapolis, Maryland. These special local regulations are necessary to control vessel traffic due to the confined nature of the waterway and expected vessel congestion during the event. The effect will be to restrict general navigation in the regulated area for the safety of event participants, spectators and vessels transiting the event area.
Security Considerations on the Flightdeck of Transport Category Airplanes
Document Number: 05-8259
Type: Proposed Rule
Date: 2005-04-26
Agency: Federal Aviation Administration, Department of Transportation
Since the September 11, 2001 terrorist attacks, the agency has published six amendments and has held one public meeting on standards for reinforcing flightdeck doors. The FAA sought public comments for each amendment, but all six were effective immediately on publication. The agency disposed of some comments that related specifically to the reinforced door requirements in later amendments. This action disposes of the remaining comments.
Electronic Notification of Commission Issuances
Document Number: 05-8247
Type: Rule
Date: 2005-04-26
Agency: Department of Energy, Federal Energy Regulatory Commission
This order on rehearing makes several minor revisions to the Final Rule that was adopted in Order No. 653. The Commission, in that order, amended its regulations to provide for electronic service of Commission issuances and to enhance the use of electronic service between parties to Commission proceedings. The revisions adopted here are necessary to clarify the rules governing service among parties.
Irish Potatoes Grown in Certain Designated Counties in Idaho, and Malheur County, OR; Relaxation of Handling Regulations
Document Number: 05-8246
Type: Rule
Date: 2005-04-26
Agency: Agricultural Marketing Service, Department of Agriculture
This rule relaxes the minimum size requirement for all U.S. No. 2 grade non-red round potatoes handled under the marketing order for Idaho-Eastern Oregon potatoes to 1\7/8\ inches minimum diameter. This relaxation in the handling regulations was unanimously recommended by the Idaho-Eastern Oregon Potato Committee (Committee), the agency responsible for local administration of the marketing order program in the designated production area. This change is intended to improve the marketing of Idaho-Eastern Oregon potatoes and increase returns to producers.
Diesel Fuel and Kerosene Excise Tax; Dye Injection
Document Number: 05-8236
Type: Rule
Date: 2005-04-26
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains regulations relating to the diesel fuel and kerosene excise tax. These regulations reflect changes made by the American Jobs Creation Act of 2004 regarding mechanical dye injection systems for diesel fuel and kerosene. These regulations affect certain enterers, refiners, terminal operators, and throughputters. The text of the temporary regulation also serves as the text of the proposed regulations set forth in the notice of proposed rulemaking on this subject elsewhere in this issue of the Federal Register.
Diesel Fuel and Kerosene Excise Tax; Dye Injection
Document Number: 05-8235
Type: Proposed Rule
Date: 2005-04-26
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations relating to the mechanical dye injection of diesel fuel and kerosene. The text of those regulations also serves as the text of these proposed regulations. These regulations affect certain enterers, refiners, terminal operators, and throughputters.
Imbalance Provisions for Intermittent Resources Assessing the State of Wind Energy in Wholesale Electricity Markets
Document Number: 05-8201
Type: Proposed Rule
Date: 2005-04-26
Agency: Department of Energy, Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission (Commission) is proposing to amend its regulations to require public utilities to append to their open access transmission tariffs (OATTs) an intermittent generator imbalance service schedule. The intent of the amendment is to clarify the imbalance tariff provisions that have become outdated and have become unjust, unreasonable, unduly discriminatory or preferential, as applied to intermittent resources.
Acceptable Methods of Compliance With ยง 25.562(c)(5) for Front Row Passenger Seats
Document Number: 05-8136
Type: Proposed Rule
Date: 2005-04-26
Agency: Federal Aviation Administration, Department of Transportation
The Federal Aviation Administration (FAA) announces the availability of proposed policy on Acceptable Methods of Compliance with Title 14 Code of Federal Regulations (CFR) 25.562(c)(5) for Front Row Passenger Seats.
Model Manufactured Home Installation Standards
Document Number: 05-7497
Type: Proposed Rule
Date: 2005-04-26
Agency: Department of Housing and Urban Development
This proposed rule would establish new Model Manufactured Home Installation Standards (Model Installation Standards) for the installation of new manufactured homes and would include standards for the completion of certain aspects necessary to join all sections of multi-section homes. The National Manufactured Housing Construction and Safety Standards Act of 1974 requires the Secretary to develop and establish Model Installation Standards after receiving proposed installation standards from the Manufactured Housing Consensus Committee (MHCC). HUD received and reviewed the MHCC's recommended model installation standards and is in agreement with a significant majority of the recommendations. Following discussion with the MHCC at its August 2004 meeting, HUD provided the MHCC with a draft of this proposed rule establishing the Model Installation Standards. During three ensuing conference calls with the MHCC and its subcommittee on installation, HUD received additional feedback and comment from the MHCC and its members that were considered for inclusion in this proposed rule. Within this proposed rule, HUD is providing its proposed Model Installation Standards, and a detailed summary of its recommended changes to the MHCC's proposal. The proposed rule also incorporates certain amendments to definitions contained in the Manufactured Home Construction and Safety Standards (MHCSS) that are affected by definitions provided in the Model Installation Standards. HUD is specifically requesting comment on proposed installation standards applicable to completing work and conducting adequate inspections necessary to join all sections of a multi-section manufactured home, as well as many other areas of manufactured home installation that may need consideration before final publication.
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