April 2005 – Federal Register Recent Federal Regulation Documents

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

NMFS announces that it has approved the request of the Commonwealth of Virginia to transfer 68,214 lb (30,941 kg) of commercial summer flounder quota to the States of Maine, Connecticut, New York, Delaware, and Maryland, and the Commonwealth of Massachusetts, in accordance with the Atlantic States Marine Fisheries Commission (ASMFC) Addendum XV to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP). The recipients of the transferred quota, and the amount transferred, are as follows: Maine 1,273 lb (577 kg); Connecticut17,799 lb (8,073 kg); New York13,270 lb (6,019 kg); Delaware3,924 lb (1,780 kg); Maryland17,983 lb (8,157 kg); and Massachusetts13,965 lb (6,334 kg). By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved.

The EPA (also, ``the Agency'' or ``we'' in this preamble) is granting a petition to exclude (or ``delist'') wastewater treatment plant sludge from conversion coating on aluminum generated by the Ford Motor Company Dearborn Truck Assembly Plant (DTP) in Dearborn, Michigan from the list of hazardous wastes. Today's action conditionally excludes the petitioned waste from the requirements of hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA) when disposed of in a lined subtitle D landfill which is permitted, licensed, or registered by a State to manage industrial solid waste. The exclusion was proposed on March 7, 2002 as part of an expedited process to evaluate this waste under a pilot project developed with the Michigan Department of Environmental Quality (MDEQ). The rule also imposes testing conditions for waste generated in the future to ensure that this waste continues to qualify for delisting.

EPA is proposing to approve revisions to the Monterey Bay Unified Air Pollution Control District (MBUAPCD) and San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portions of the California State Implementation Plan (SIP). The revisions concern the emission of particulate matter (PM-10) from open outdoor burning and from incinerator burning. We are proposing to approve local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

This interim rule implements changes to the Soviet Scientists Immigration Act of 1992 (SSIA), Public Law 102-509, made by the Foreign Relations Authorization Act, Fiscal Year 2003, Public Law 107-228. The SSIA, as amended, reinstates the authority to allot visas under section 203(b)(2)(A) of the Immigration and Nationality (Act) to eligible scientists or engineers of the independent states of the former Soviet Union and the Baltic states with expertise in nuclear, chemical, biological, or other high-technology field or defense projects. This rule amends the Department of Homeland Security (DHS) regulations to codify the new sunset date of September 30, 2006 and the new numerical limit of 950 visas (excluding spouses and children if accompanying or following to join). The rule also modifies the evidence eligible scientists or engineers must submit to establish their expertise or work experience in such high technology fields or defense projects.

This document provides notice of public hearing on proposed regulations relating to the flat rate of withholding applicable to calculating the amount of income tax withholding on supplemental wages.

The Board of Governors is amending appendix A of Regulation CC to delete the reference to the Salt Lake City branch office of the Federal Reserve Bank of San Francisco and reassign the Federal Reserve routing symbols currently listed under that office to the Denver branch office of the Federal Reserve Bank of Kansas City. These amendments will ensure that the information in appendix A accurately describes the actual structure of check processing operations within the Federal Reserve System.

The Federal Election Commission is announcing public hearings on the following rulemakings: The proposed revision to the Commission's regulations on candidate solicitation at State, district and local party fundraising events; the proposed revision of the definition of ``agent'' for the Commission's regulations on non-Federal funds and coordinated and independent expenditures; and the proposed revision to the Commission's regulations on payroll deductions by member corporations for contributions to a trade association's separate segregated fund. The Commission plans to consider final rules for these three rulemakings in an open session scheduled for June 23, 2005.

The FAA is adopting a new airworthiness directive (AD) for certain Cessna Model 750 airplanes. The AD requires repetitive inspections for clearance and chafing of an auxiliary power unit (APU) fuel tube assembly in the tail cone area of the airplane, and corrective actions if necessary. For certain airplanes, this AD also requires replacing the APU fuel line. This AD is prompted by reports of chafed APU fuel tubes leaking into the tail cone area due to interference between the fuel tube assembly and elevator flight control cables, hydraulic lines, and high-temperature bleed air couplings. We are issuing this AD to detect and correct this interference, which could result in chafing, fuel leaking into an area where ignition sources are present, and possible fire in an area without fire detection or extinguishing provisions.

The Executive Director of the Federal Retirement Thrift Investment Board (Board) proposes to amend the Thrift Savings Plan (TSP) regulations to accommodate new TSP lifecycle investment allocation funds, eliminate references to open seasons (which Congress repealed), and to require participants to file all death benefit beneficiary designation forms with the TSP record keeper. The Executive Director also proposes to remove obsolete and unhelpful provisions from the regulations, eliminate references to TSP form numbers, notify TSP participants of a new mailing address for loan payments, and otherwise make the regulations easier to understand.

The FAA adopts a new airworthiness directive (AD) for all LET a.s. (formerly LET n.p.) (LET) Model Blanik L-13 AC sailplanes. This AD requires you to replace the original control bridge with the new strengthened control column mounting bridge. This AD is the result of a report of one case of cracks in the attachment of control levers on the control bridge. We are issuing this AD to correct cracks in the bedding of the front and rear control levers, which could result in failure of the control bridge for the sailplane. This failure could lead to loss of sailplane control.

As required by law, the Federal Trade Commission (the ``FTC'' or ``Commission'') requests public comment on its implementation of the Children's Online Privacy Protection Act (``COPPA'' or ``the Act''), 15 U.S.C. 6501-6508, through the Children's Online Privacy Protection Rule (``COPPA Rule'' or ``the Rule''). The COPPA Rule imposes certain requirements on operators of Web sites or online services directed to children under 13 years of age and other Web sites or online services that have actual knowledge that they are collecting personal information from a child under 13 years of age. The Commission requests comment on the costs and benefits of the Rule as well as on whether it should be retained, eliminated, or modified. The Commission also requests comment concerning the Rule's effect on: practices relating to the collection and disclosure of information relating to children; children's ability to obtain access to information of their choice online; and the availability of Web sites directed to children. At the end of the FTC's review, the agency will submit a report to Congress assessing the implementation of the Rule. All interested persons are hereby given notice of the opportunity to submit written data, views, and arguments concerning the Rule. As explained in a separate document being published elsewhere in this issue of the Federal Register, the Commission is also issuing a final amendment to the Rule to extend the sliding scale mechanism, which allows Web site operators to use e-mail with additional verification steps to obtain verifiable parental consent for the collection of personal information from children for internal use by the Web site operator, until the conclusion of this broader review.

On May 16, 2003, EPA promulgated national emission standards for hazardous air pollutants (NESHAP) for new and existing sources at brick and structural clay products (BSCP) manufacturing facilities (the final rule). Subsequently, the Administrator received a petition for reconsideration of the final rule. The EPA is announcing our reconsideration of and requesting public comment on one issue arising from the final rule. Specifically, we are requesting comment on our decision to base the maximum achievable control technology (MACT) requirements for certain tunnel kilns on dry limestone adsorption technology. We plan to issue a final decision on this issue as expeditiously as possible. We are seeking comment only on this issue. We will not respond to any comments addressing any other issue or any other provisions of the final rule or any other rule.

EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Texas on February 23, 2004. This revision concerns the Dallas-Fort Worth ozone nonattainment area. Specifically, EPA is approving incorporation of a Memorandum of Agreement (MOA) between the Texas Commission on Environmental Quality (TCEQ) and the North Central Texas Council of Governments (NCTCOG) into the SIP. This MOA commits the NCTCOG to provide the Dallas-Fort Worth International Airport (DFWIA) with emissions offsets in the amount of 0.18 tons per day (tpd) of nitrogen oxides (NOX) and 0.04 tpd of volatile organic compounds (VOCs) in 2007, and to adjust the modeled 2015 on- road emission estimates to reflect an increase of 1.17 tpd of NOX and 0.26 tpd of VOCs, which must be accommodated in future transportation conformity determinations. This action is necessary in order for the Federal Aviation Administration (FAA) to address requirements under the general conformity regulations for the proposed DFWIA project. The rationale for the final approval action and other information are provided in this document.

The Food and Drug Administration (FDA) is announcing a public meeting to elicit information on the current science related to foodborne illness associated with the consumption of sprouts. In October 2004, FDA released a produce safety action plan entitled ``Produce Safety from Production to Consumption: 2004 Action Plan to Minimize Foodborne Illness Associated with Fresh Produce Consumption'' (Produce Action Plan). One item in the Produce Action Plan is to initiate rulemaking to minimize foodborne illness associated with the consumption of sprouted seeds. However, because of the complexities of the issues and the uncertainty about what the current science could support, FDA believes that it would be of value to hold a public meeting to gather information relevant to a possible regulation. We request that those who speak at the meeting, or otherwise provide FDA with their comments, focus on the questions relating to the microbial safety of seeds destined for sprouting and sprouted seeds set out in section II of this document.

This document revises an earlier proposed airworthiness directive (AD), applicable to certain McDonnell Douglas Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-30F (KC-10A and KDC-10), DC-10-40, DC-10-40F, MD-10-10F, MD-10-30F, MD-11, and MD-11F airplanes, that would have required repetitive operation of the exterior emergency door handle of the forward passenger door to determine if binding exists in the exterior emergency control handle mechanism, and corrective action, if necessary. This new action revises the proposed rule by requiring revised procedures for the operational test. The actions specified by this new proposed AD are intended to prevent failure of the forward passenger doors to operate properly in an emergency condition, which could delay an emergency evacuation and possibly result in injury to passengers and flightcrew. This action is intended to address the identified unsafe condition.