April 2005 – Federal Register Recent Federal Regulation Documents

The Coast Guard is establishing permanent security zones around all cruise ships while transiting or moored in the Port of Mobile and Mobile Ship Channel shoreward of the Mobile Sea Buoy. These security zones are needed to ensure the safety and security of these vessels. Entry into these zones is prohibited unless specifically authorized by the Captain of the Port Mobile or a designated representative.

The Federal Trade Commission (the ``Commission'' or ``FTC'') is issuing a Notice of Proposed Rulemaking (``NPRM'') to amend the Telemarketing Sales Rule (``TSR'') to revise the fees charged to entities accessing the National Do Not Call Registry, and invites written comments on the issues raised by the proposed changes.

DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify requirements for reporting of contract performance outside the United States. This rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.

This notice announces that a referendum will be conducted by mail during the period May 9-13, 2005, for producers of all kinds of tobacco who sold their tobacco at auction on designated markets in 2004/05. The referendum is being conducted to determine if the designation of all existing tobacco auction markets should be terminated, thus eliminating the requirement for mandatory, federal inspection and grading for the 2005 and succeeding crop years.

The Department of Agriculture is adopting, as a final rule, without change, an interim final rule establishing final free and restricted percentages for domestic inshell hazelnuts for the 2004-2005 marketing year under the Federal marketing order for hazelnuts grown in Oregon and Washington. This rule continues in effect the final free and restricted percentages of 6.4921 and 93.5079 percent, respectively. The percentages allocate the quantity of domestically produced hazelnuts which may be marketed in the domestic inshell market (free) and the quantity of domestically produced hazelnuts that must be disposed of in approved outlets (restricted). Volume regulation is intended to stabilize the supply of domestic inshell hazelnuts to meet the limited domestic demand for such hazelnuts with the goal of providing producers with reasonable returns. This rule was recommended unanimously by the Hazelnut Marketing Board (Board), which is the agency responsible for local administration of the marketing order.

This correction amends a footnote reference in the text of 12 CFR part 225, Appendix A.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus Model A320 series airplanes. This proposed AD would require installing insulator and cable ties to the electrical cables of the S routes at the gaps in the raceway in the wing trailing edge and the wing tip and wing root areas. This proposed AD is prompted by the results of fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent injection of high voltage current into the low voltage wiring that passes through the fuel tanks, which could result in a possible fuel tank explosion.

The Rural Housing Service (RHS) is amending this regulation to remove an incorrect reference. The intended effect of this change is to ensure that Agency regulations continue to provide current information.

These special conditions are issued for Garmin International Inc., 1200 E. 151st St., Olathe, KS 66062, for a Supplemental Type Certificate on the Cessna Model 182T/T182T airplanes. These airplanes, as modified by Garmin, will have a novel or unusual design feature(s) associated with the installation of a Garmin GFC-700 digital autopilot system. These special conditions address the protection of these systems from the effects of high intensity radiated field (HIRF) environments. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

The Rural Utilities Service (RUS), an agency delivering the U.S. Department of Agriculture's Rural Development Utilities Programs, is amending its regulations regarding RUS Bulletin 50-3, Specifications Drawings for 12.5/7.2 kV Line Construction. This bulletin is currently incorporated by reference in RUS regulations and the revised and renumbered RUS Bulletin 1728F-804 would continue to be incorporated by reference. This rule is necessary to provide the latest RUS specifications, materials, equipment, and construction methods for RUS electric borrowers to construct their rural overhead electric distribution systems. RUS proposes to update, renumber and reformat this bulletin in accordance with the agency's new publications and directives system.

The FAA adopts a new airworthiness directive (AD) for certain CENTRAIR 101 series gliders. This AD requires you to replace non- strengthened rudder pedals with reinforced rudder pedals. This AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for France. We are issuing this AD to replace the non-strengthened rudder pedals and to prevent failure of the rudder controls. This failure could lead to loss of directional control of the glider.

The FAA adopts a new airworthiness directive (AD) for all Pilatus Aircraft Limited (Pilatus) Models B4-PC11, B4-PC11A, and B4- PC11AF sailplanes. This AD requires you to repetitively inspect the control-column support for cracks and, if any cracks are found, replace the control-column support with a new support. This AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Switzerland. We are issuing this AD to detect and correct cracks in the control-column support, which could result in failure of the support. This failure could lead to loss of the primary flight control system.

On February 1, 2005, the State of Georgia, through the Georgia Environmental Protection Division (EPD), submitted; a request to redesignate the 1-hour ozone National Ambient Air Quality Standard (NAAQS) nonattainment area of Atlanta, Georgia, to attainment; and a request for EPA approval of a Georgia State Implementation Plan (SIP) revision containing a 10-year maintenance plan for the 13-county Atlanta area, including new motor vehicle emission budgets (MVEBs) for the year 2015. In addition, Georgia has requested that EPA make a determination that certain Clean Air Act (CAA or Act) SIP submittal requirements related to attainment demonstrations and reasonable further progress are not applicable requirements for the purposes of this redesignation request because the Atlanta area has attained the 1- hour ozone NAAQS based on ambient air monitoring data for the 3- year period including the years 2002, 2003, and 2004. EPA is proposing to determine that the Atlanta area has attained the 1-hour ozone NAAQS. This proposal is based on three years of complete, quality-assured ambient air quality monitoring data for 2002 through 2004 ozone seasons. On the basis of this proposal, EPA is also proposing to determine that certain attainment demonstration and reasonable further progress requirements along with other related requirements of part D of Title I of the CAA are not applicable to the Atlanta area. EPA is also proposing approval of both the 1-hour ozone redesignation request and the 10-year maintenance plan SIP revision, including the new 2015 MVEBs. EPA's proposed approval of the 1-hour ozone redesignation request is based on its determination that the Atlanta area has met the five criteria for redesignation to attainment specified in the CAA, including a demonstration that the Atlanta area has attained the 1-hour ozone NAAQS. EPA is proposing approval of the 10-year maintenance plan SIP revision, including the new 2015 MVEBs, because EPA has determined that the plan complies with the requirements of Section 175A of the Act. Finally, in this proposed rulemaking, EPA is providing information on the status of its transportation conformity adequacy determination for new motor vehicle emission budgets (MVEB) for the year 2015 that are contained Georgia's the 10-year 1-hour ozone maintenance plan SIP submittal for the Atlanta area.

The Coast Guard is changing the regulation governing the operation of the SR 315 (Bayou Dularge) bascule bridge across the Gulf Intracoastal Waterway, mile 59.9 west of Harvey Lock, in Houma, Louisiana. An increase in traffic during the noontime time period facilitated a request to allow the bridge to remain closed to navigation for two (2), 30-minute periods in the middle of the day. These closures will allow local workers to transit the area with minimal delays during the noontime lunch period.

The Coast Guard is changing the regulation governing the operation of the SR 661 (Houma Nav Canal) swing bridge across the Houma Navigation Canal, mile 36.0, in Houma, Louisiana. An increase in traffic during the noontime time period has facilitated a request to allow the bridge to remain closed to navigation for two (2), 30-minute periods in the middle of the day. These closures will allow local workers to transit the area with minimal delays during the noontime lunch period.

The Coast Guard has changed the drawbridge operation regulations that govern the operation of the S35 Bridge, mile 0.0, across Cheesequake Creek at Morgan, South Amboy, New Jersey. This final rule allows the bridge to open on the hour only from 7 a.m. to 8 p.m., May 1 through October 31. In addition, this rule allows the bridge owner to require a 4-hour advance notice for openings from 11 p.m. to 7 a.m. all year, and all day from November 1 through April 30. This rule is expected to relieve the bridge owner of the burden of crewing the bridge at all times while still providing for the reasonable needs of navigation.

This final rule adopts, without changes, the interim rule published on April 7, 2000, which changed the speed limit in Tongass Narrows. This final rule extends the speed limit area northward in Tongass Narrows to Channel Island, allows the take-off and landing of floatplanes, and allows smaller vessels to transit crowded areas to Tongass Narrows more quickly, relieving congestion. This final rule also re-designates the safety zone in Ketchikan Harbor as an anchorage ground. Vessels transiting the anchorage ground, other than those engaged in anchoring evolutions are required to proceed through the anchorage by the most direct route without delay or sudden course change. The new rule makes the final approach, anchoring, and departure of very large passenger vessels, safer for the vessels involved.

The Coast Guard proposes to temporarily change the drawbridge operating regulations governing the operation of the Carlton Bridge, mile 14.0, across the Kennebec River between Bath and Woolwich, Maine. This proposed rule would allow the bridge to open on signal every three hours at 6 a.m., 9 a.m., 12 p.m., 3 p.m., and 6 p.m., Monday through Saturday, from July 5 through December 17, 2005, and again from April 1 through June 30, 2006, to facilitate rehabilitation construction at the bridge. This rule also would allow five three-day bridge closures in September and October of 2005. Vessels that can pass under the bridge without a bridge opening may do so at all times.

The Office of Personnel Management (OPM) is issuing final regulations on a plain language rewrite of its regulations regarding the employment of relatives as part of a broader review of OPM's regulations. The purpose of the revision is to make the regulations more readable.

The Assistant Administrator for Fisheries (AA), NOAA, announces temporary restrictions consistent with the requirements of the ALWTRP's implementing regulations. These regulations apply to lobster trap/pot and anchored gillnet fishermen in an area totaling approximately 1,052 square nautical miles (nm\2\) (3,608 km\2\) in April and 1,235 nm\2\ (4,236 km\2\) in May, southeast of Chatham, MA, for 15 days. The purpose of this action is to provide protection to an aggregation of northern right whales (right whales).

EPA is updating the materials submitted by the Territory of Guam that are incorporated by reference (IBR) into the Territory of Guam State Implementation Plan (SIP). The regulations affected by this update have been previously submitted by the territorial agency and approved by EPA. This update affects the SIP materials that are available for public inspection at the Office of the Federal Register (OFR), Office of Air and Radiation Docket and Information, and the Regional Office.

This regulation re-establishes a time-limited tolerance for combined residues of the fungicide propiconazole and its metabolites in or on blueberry at 1.0 parts per million (ppm) for an additional 2-1/2 year period. This tolerance will expire and is revoked on December 31, 2007. This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on blueberries. Section 408(l)(6) of the Federal Food, Drug, and Cosmetic Act (FFDCA) requires EPA to establish a time-limited tolerance or exemption from the requirement for a tolerance for pesticide chemical residues in food that will result from the use of a pesticide under an emergency exemption granted by EPA under FIFRA section 18.

The Commission is adopting amendments to Form 20-F to provide a one-time accommodation relating to financial statements prepared under International Financial Reporting Standards (``IFRS'') for foreign private issuers registered with the SEC. This accommodation applies to foreign private issuers that adopt IFRS prior to or for the first financial year starting on or after January 1, 2007. The accommodation permits eligible foreign private issuers for their first year of reporting under IFRS to file two years rather than three years of statements of income, changes in shareholders' equity and cash flows prepared in accordance with IFRS, with appropriate related disclosure. The accommodation retains current requirements regarding the reconciliation of financial statement items to generally accepted accounting principles as used in the United States (``U.S. GAAP''). In addition, the Commission is amending Form 20-F to require certain disclosures of all foreign private issuers that change their basis of accounting to IFRS.

On April 5, 2000, the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR-21) required DOT to provide a technical assistance manual to air carriers and individuals with disabilities concerning their rights and responsibilities under the Air Carrier Access Act and DOT regulations. Several years after the enactment of AIR-21, DOT received funding to develop the Technical Assistance Manual (TAM). This TAM responds to a Congressional mandate and incorporates input from stakeholders. The TAM is being published in the Federal Register to insure a full opportunity for public comment before the document is published in final form.