April 2005 – Federal Register Recent Federal Regulation Documents
Results 251 - 300 of 585
Request for Comment on Potentially Inadequate Monitoring in Clean Air Act Applicable Requirements and on Methods To Improve Such Monitoring; Notice of Public Comment Period Extension
The EPA is announcing that the closing date of the public comment period for the advanced notice of proposed rulemaking (ANPR) ``Request for Comment on Potentially Inadequate Monitoring in Clean Air Act Applicable Requirements and on Methods To Improve Such Monitoring'' (70 FR 7905, February 16, 2005) is extended sixty days from April 18, 2005 until June 17, 2005. After publishing this ANPR, the EPA received a letter dated March 11, 2005, from Environmental Integrity Project and several other environmental and citizens' organizations requesting a 120-day extension of the public comment period to allow the public to provide more meaningful comments, given the broad scope of the ANPR. The EPA believes it is reasonable to extend the public comment period for sixty days and is hereby granting the requested extension for that period.
Airworthiness Directives; General Electric Company CT7-5, -7, and -9 Series Turboprop Engines
The FAA proposes to adopt a new airworthiness directive (AD) for General Electric Company (GE) CT7-5A2, -5A3, -7A, -7A1, -9B, -9B1, and -9B2 turboprop engines, with stage 2 turbine aft cooling plate, part number (P/N) 6064T07P01, 6064T07P02, 6064T07P05, or 6068T36P01 installed. This proposed AD would require a onetime eddy current inspection (ECI) of certain P/N stage 2 turbine aft cooling plate boltholes. This proposed AD results from reports of six stage 2 turbine aft cooling plates found cracked during inspection. We are proposing this AD to prevent stage 2 aft cooling plate separation, resulting in uncontained engine failure and damage to the airplane.
Tuberculosis in Cattle and Bison; State and Zone Designations; California
We are amending the bovine tuberculosis regulations regarding State and zone classifications by raising the designation of California from modified accredited advanced to accredited-free. We have determined that California meets the criteria for designation as an accredited-free State.
Regulations Governing Practice Before the Internal Revenue Service; Correction
This document contains corrections to (TD 9165), which were published in the Federal Register on Monday, December 20, 2004 (69 FR 75839) revising the regulations governing practice before the Internal Revenue Service (Circular 230).
Benefits Payable in Terminated Single-Employer Plans; Allocation of Assets in Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits
The Pension Benefit Guaranty Corporation's regulations on Benefits Payable in Terminated Single-Employer Plans and Allocation of Assets in Single-Employer Plans prescribe interest assumptions for valuing and paying benefits under terminating single-employer plans. This final rule amends the regulations to adopt interest assumptions for plans with valuation dates in May 2005. Interest assumptions are also published on the PBGC's Web site (https://www.pbgc.gov).
Standard Instrument Approach Procedures; Miscellaneous Amendments
This amendment establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, addition of new obstacles, or changes in air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Approval and Promulgation of State Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Ohio; Redesignation of Cincinnati to Attainment of the 1-Hour Ozone Standard; Removal of Vehicle Inspection and Maintenance Programs for the Cincinnati and Dayton Areas
The State of Ohio has requested the EPA to parallel process an ozone redesignation request and a number of revisions to Ohio's air quality control plan. We are proposing to determine that the Cincinnati-Hamilton area has attained the 1-hour ozone standard for the entire period of 1996-2004 based on 1-hour ozone monitoring data demonstrating attainment of the standard during that period. As a result, certain attainment demonstration requirements, along with certain other related requirements of part D of title I of the Clean Air Act, are not applicable to the Ohio portion of the Cincinnati- Hamilton area. We are proposing to approve Ohio's request to redesignate the Ohio portion of the Cincinnati-Hamilton area to attainment of the 1-hour ozone National Ambient Air Quality Standard (NAAQS). We are proposing to approve Ohio's revision of the 1-hour ozone maintenance plan, previously approved by us on June 19, 2000, for the Ohio portion of the Cincinnati-Hamilton area. This update to the plan extends the timeframe for demonstrating continued maintenance of the 1-hour ozone standard through 2015, and demonstrates that the 1- hour ozone standard may be maintained in this area even with the termination of the vehicle Inspection and Maintenance (I/M) program in the Ohio portion of the Cincinnati-Hamilton area. We are notifying the public that we believe that the revised motor vehicle emissions budgets for Volatile Organic Compounds (VOC) and Oxides of Nitrogen (NOX) for the Ohio portion of the Cincinnati-Hamilton area are adequate for conformity purposes and are approvable as part of the revised ozone maintenance plan for this area. We are proposing to approve new VOC emission control regulations for various sources in the Ohio portion of the Cincinnati-Hamilton area and to approve negative source declarations for some source categories for this area as long as the State meets certain conditions. We are proposing approval of periodic emission inventories for the Cincinnati area. Additionally, we are proposing to find that Ohio has demonstrated that termination of the I/M program in the Ohio portion of the Cincinnati-Hamilton area will not interfere with the attainment and maintenance of the 1-hour ozone NAAQS in this area. Similarly, we are proposing to find that Ohio has demonstrated that termination of the I/ M program in the Dayton area will not interfere with attainment and maintenance of the 1-hour ozone NAAQS in this area provided that the State meets certain conditions.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List
The Environmental Protection Agency (EPA), Region 10, announces its intent to delete the Naval Magazine Indian Island Site (Site) located in Port Hadlock, Washington from the National Priorities List (NPL) and requests public comment on this proposed action. The NPL constitutes appendix B of 40 CFR part 300 which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), which EPA promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, as amended. EPA and the State of Washington have determined that the remedial action for the Site has been successfully executed by the Navy and no further response under CERCLA is needed.
Lindane; Proposed Tolerance Actions
EPA is proposing to revoke specific existing tolerances for the insecticide lindane because, following receipt of registrant requests, the Agency canceled their associated Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) registrations.
Applicability of the Hazardous Materials Regulations to Loading, Unloading, and Storage
On October 30, 2003, the Research and Special Programs Administration, predecessor agency to PHMSA, published a final rule to clarify the applicability of the Hazardous Materials Regulations to functions and activities related to the safe and secure transportation of hazardous materials in commerce, including loading, unloading, and storage operations. In response to appeals submitted by persons affected by the final rule, this final rule amends certain regulations and makes editorial corrections.
National Emission Standards for Coke Oven Batteries
On October 27, 1993 (58 FR 57898), pursuant to section 112 of the Clean Air Act (CAA), the EPA issued technology-based national emission standards to control hazardous air pollutants (HAP) emitted by coke oven batteries. This action amends the standards to address residual risks under section 112(f) and the 8-year review requirements of section 112(d)(6).
Expansion of the Country Scope of the License Requirements that Apply to Chemical/Biological (CB) Equipment and Related Technology; Amendments to CB-Related End-User/End-Use and U.S. Person Controls
The Bureau of Industry and Security (BIS) is publishing this final rule to amend the Export Administration Regulations (EAR) by increasing the country scope of chemical/biological (CB) controls on those Commerce Control List (CCL) entries that contain chemical/ biological equipment and related technology included on the Australia Group (AG) Common Control Lists. Specifically, this final rule expands the country scope of the CB license requirements for these CCL entries from certain countries of concern for chemical/biological weapons reasons to all destinations, worldwide, except for those countries that participate in the Australia Group (AG). These changes are intended to make the EAR license requirements that apply to chemical/biological equipment and related technology identified on the AG Common Control Lists consistent with the AG ``Guidelines for Transfers of Sensitive Chemical or Biological Items.'' In addition, this rule amends certain end-user and end-use based controls in the EAR by expanding these controls to include transfers (in-country), as well as exports and reexports. Specifically, this final rule expands the EAR restrictions on certain chemical and biological weapons end-uses to apply to exports, reexports, and transfers of items subject to the EAR to or within any country or destination, worldwide. Prior to the publication of this rule, such restrictions applied only to exports and reexports. Finally, this rule amends the EAR by expanding the country scope of the restrictions on certain activities of U.S. persons to include activities in support of the design, development, production, stockpiling, or use of chemical or biological weapons in or by any country or destination, worldwide. This change makes the country scope of these U.S. person controls consistent with the country scope of the chemical and biological weapons end-user/end-use controls in Section 744.4 of the EAR, as described above.
Licensing and Safety Requirements for Launch
The FAA is extending for an additional 30 days the comment period on the draft regulatory language that is the subject of a document published on March 1, 2005. The comment period now extends until June 1, 2005. The draft describes changes to the commercial space transportation regulations governing licensing and safety requirements for launch.
Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Total Allowable Catches for Georges Bank Cod, Haddock, and Yellowtail Flounder in the U.S./Canada Management Area for Fishing Year 2005
NMFS proposes 2005 fishing year (FY) Total Allowable Catches (TACs) for Georges Bank (GB) cod, haddock, and yellowtail flounder in the U.S./Canada Management Area, and provides notice that these TACs may be adjusted during FY 2005, if NMFS determines that the harvest of these stocks in FY 2004 exceeded the TACs specified for FY 2004. The intent of this action is to provide for the conservation and management of those three stocks of fish.
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area
NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear to catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using pot or hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). These actions are necessary to allow the 2005 A season total allowable catch (TAC) of Pacific cod to be harvested.
Virginia Regulatory Program
We are approving a proposed amendment to the Virginia regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The program amendment revises Virginia's Coal Surface Mining Reclamation Regulations concerning performance bonds furnished pursuant to the Coal Surface Mining Reclamation (Pool Bond) Fund. The amendment is intended to conform the performance bond release procedures that are applied to Virginia's ``alternative bonding system'' with bond release procedures used for other performance bonds. The amendment is also intended to clarify language regarding minimum bond amounts for phased bond release.
Government Accountability Office, Administrative Practice and Procedure, Bid Protest Regulations, Government Contracts
This document amends Government Accountability Office (GAO) Bid Protest Regulations by revising the definition of an interested party to permit a protest to be filed by an agency tender official (ATO) in certain public-private competitions under Office of Management and Budget (OMB) Circular A-76. This document also revises the definition of an intervenor to permit an ATO and an employee representative to intervene in certain protests involving public- private competitions under OMB Circular A-76. This action implements the provisions of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 related to the bid protest process, where a public-private competition has been conducted under OMB Circular A-76 regarding an activity or function of a Federal agency performed by more than 65 full-time equivalent (FTE) employees of the Federal agency.
Airworthiness Directives; Learjet Model 23, 24, 24A, 24B, 24B-A, 24D, 24D-A, 24E, 24F, 25, 25A, 25B, 25C, 25D, and 25F Airplanes Modified by Supplemental Type Certificate SA1731SW, SA1669SW, or SA1670SW
The FAA proposes to adopt a new airworthiness directive (AD) for certain Learjet Model 23, 24, 24A, 24B, 24B-A, 24D, 24D-A, 24E, 24F, 25, 25A, 25B, 25C, 25D, and 25F airplanes. This proposed AD would require removing the thrust reverser accumulator, and making the thrust reverser hydraulic system and the thrust reversers inoperable. This proposed AD is prompted by reports of the failure of two thrust reverser accumulators. We are proposing this AD to prevent failure of the thrust reverser accumulators, due to fatigue cracking on the female threads, which could result in the loss of hydraulic power and damage to the surrounding airplane structure.
Airworthiness Directives; British Aerospace Model BAe 146 and Model Avro 146-RJ Series Airplanes
The FAA is correcting a typographical error in an existing airworthiness directive (AD) that was published in the Federal Register on March 28, 2005 (70 FR 15574). The error resulted in an incorrect AD number. This AD applies to certain British Aerospace Model BAe 146 and Model Avro 146-RJ series airplanes. This AD requires repetitive inspections for cracking of the outer links on the main landing gear side stays, and corrective actions if necessary. This AD also provides for optional terminating action for the repetitive inspections.
Milk in the Upper Midwest Marketing Area; Tentative Partial Decision on Proposed Amendments and Opportunity To File Written Exceptions to Tentative Marketing Agreement and Order
This tentative partial decision adopts, on an interim final and emergency basis, proposals that would amend certain features of the pooling standards and transportation credit provisions of the Upper Midwest (UMW) milk marketing order. A separate decision will be issued at a later time that will address proposals concerning the depooling and repooling of milk, temporary loss of Grade A status, and increasing the maximum administrative assessment. This decision requires determining if producers approve the issuance of the amended order on an interim basis.
Airworthiness Directives; Cessna Model 680 Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain Cessna Model 680 airplanes. This AD requires revising the airplane flight manual (AFM) to add procedures to facilitate recovery of the cockpit display units in the event that the cockpit display units go blank, and to add flight crew briefings on the use of standby instruments in case the cockpit display units go blank and do not recover. This AD also requires repetitive tests of the avionics standard communication bus (ASCB) for any failures, and corrective action if any failure is found. This AD also requires installing hardware and avionics software upgrades; installing the upgrades will allow removal of AFM revisions and will end the repetitive inspections of the ASCB. This AD is prompted by a report indicating that analysis of the Honeywell Primus Epic systems installed on Cessna Model 680 airplanes revealed that all four of the cockpit display units could go blank simultaneously. We are issuing this AD to prevent a simultaneous loss of data from all four cockpit display units, and loss of primary navigation instruments, autopilot, flight director, master caution/ warning lights, aural warnings, global positioning system position information, and air data and altitude information to non-avionics systems. These losses could reduce the flightcrew's situational awareness, increase flightcrew workload, and consequently reduce the ability to maintain safe flight of the airplane.
Revisions to the Public Housing Operating Fund Program
This proposed rule would revise the regulations for the Public Housing Operating Fund Program (Operating Fund Program). Through the Operating Fund Program, HUD determines the allocation of operating subsidies to public housing agencies (PHAs). HUD developed the proposed rule with the active participation of PHAs, public housing residents, and other relevant parties using the procedures of the Negotiated Rulemaking Act of 1990. These regulatory changes reflect the recommendations made by the negotiated rulemaking committee, with some modifications, on ways to improve and clarify the current regulations governing the Operating Fund Program and take into consideration the recommendations of the congressionally-funded study by the Harvard University Graduate School of Design on the cost of operating well-run public housing.
Approval and Promulgation of Air Quality Implementation Plans; New Mexico; Albuquerque/Bernalillo County
The EPA is approving State Implementation Plan (SIP) revisions submitted by the Governor of New Mexico on September 7, 2004. The submittal revises the second ten-year carbon monoxide (CO) maintenance plan for the Albuquerque/Bernalillo County, New Mexico area. The submittal also revises the relevant parts of the New Mexico Administrative Code (NMAC) including revisions to the General Provisions, Inspection and Maintenance (I&M) Program, and the contingency measures. We are approving these revisions in accordance with the requirements of the Federal Clean Air Act (the Act).
Approval and Promulgation of Air Quality Implementation Plans; New Mexico; Albuquerque/Bernalillo County
The EPA is proposing to approve State Implementation Plan (SIP) revisions submitted by the Governor of New Mexico on September 7, 2004. The submittal revises the second ten-year carbon monoxide (CO) maintenance plan for the Albuquerque/Bernalillo County, New Mexico area. The submittal also revises the relevant parts of the New Mexico Administrative Code including revisions to the General Provisions, Inspection and Maintenance Program, and the contingency measures. We are proposing to approve these revisions in accordance with the requirements of the Federal Clean Air Act.
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135 and -145 Series Airplanes
The FAA is superseding an existing airworthiness directive (AD), which applies to all EMBRAER Model EMB-135 and -145 series airplanes. That AD currently requires repetitive inspections of the electrical connectors of the electric fuel pumps to detect discrepancies, and follow-on corrective actions. This new AD extends the repetitive intervals for the inspections; adds new criteria for replacing discrepant fuel pumps; adds a new requirement for applying anti-corrosion spray; adds a requirement to replace all fuel pumps with improved fuel pumps; and adds repetitive inspections after all six fuel pumps are replaced. This AD is prompted by the manufacturer's development of a new modification that addresses the unsafe condition in the existing AD. We are issuing this AD to prevent an ignition source in the fuel tank or adjacent dry bay, which could result in fire or explosion.
Air Quality Designations for the Fine Particles (PM2.5) National Ambient Air Quality Standards-Supplemental Amendments
On January 5, 2005, EPA promulgated air quality designations for all areas for the national ambient air quality standards (NAAQS) for fine particles (i.e. particles less than 2.5 microns in diameter, also known as PM2.5) (70 FR 944). We designated 47 areas composed of 224 counties and the District of Columbia as nonattainment. We designated 5 areas comprised of 7 counties as unclassifiable. We designated the remaining counties in the United States as attainment/ unclassifiable. We based the designations in the January 5, 2005, final rule on air quality monitoring data from the 3-year period of 2001 to 2003. In that action, we provided that these designations would be effective 90 days from the date of publication in the Federal Register, which is April 5, 2005. Because the designations occurred at the end of 2004, we indicated our desire to consider 2004 data where feasible in order to evaluate attainment status based upon data from the 3-year period of 2002 to 2004. We explained that we would consider any complete, quality-assured, and certified 2004 PM2.5 data submitted by any State to EPA by February 22, 2005, if such data indicated that a change in the designation for the entire area would be appropriate. In the January 5, 2005, action, we stated that if EPA agreed that a change in the designation was appropriate based upon the inclusion of 2004 data, then EPA would withdraw the initial designation for the area and issue a designation that reflected the consideration of the new data before the April 5, 2005, effective date. Today's action addresses areas for which States have submitted complete, quality-assured, and certified PM2.5 air quality data for 2004, and it modifies the designation status to attainment for eight areas we originally designated as nonattainment and for four areas we originally designated as unclassifiable. This action also includes technical corrections related to boundary descriptions for a few areas included in the January 5, 2005, action. The EPA has received a number of other petitions in connection with the PM2.5 designations pertaining to issues other than inclusion of 2004 data as a basis for changing the designation prior to the effective date. The EPA is not responding to those petitions in this document and will be evaluating and responding to those petitions separately.
Classification of Certain Foreign Entities
This issue of the Federal Register contains temporary and final regulations relating to certain business entities included on the list of foreign business entities that are always classified as corporations for Federal tax purposes. The text of those temporary regulations also serves as the text of these proposed regulations. This document also provides a notice of a public hearing on these proposed regulations.
Withholding Exemptions
In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations providing guidance under section 3402(f) of the Internal Revenue Code (Code) for employers and employees relating to the Form W-4, ``Employee's Withholding Allowance Certificate.'' The temporary regulations provide rules for the submission of copies of certain withholding exemption certificates to the IRS, the notification provided to the employer and the employee of the maximum number of withholding exemptions permitted, and the use of substitute forms. The text of the temporary regulations also serves as the text of these proposed regulations. This document also provides notice of a public hearing on these proposed regulations.
Withholding Exemptions
This document contains regulations providing guidance under section 3402(f) of the Internal Revenue Code (Code) for employers and employees relating to the Form W-4, ``Employee's Withholding Allowance Certificate.'' These regulations provide rules for the submission of copies of certain withholding exemption certificates to the IRS, the notification provided to the employer and the employee of the maximum number of withholding exemptions permitted, and the use of substitute forms. The text of the temporary regulations also serves as the text of the proposed regulations set forth in the notice of proposed rulemaking on this subject in the Proposed Rules section in this issue of the Federal Register. The amendments to the final regulations provide cross-references to the temporary regulations.
Classification of Certain Foreign Entities
This document contains temporary and final regulations relating to certain business entities included on the list of foreign business entities that are always classified as corporations for Federal tax purposes. The text of the temporary regulations also serves as the text of the proposed regulations set forth in the notice of proposed rulemaking on this subject in the Proposed Rules section in this issue of the Federal Register.
Fisheries of the Exclusive Economic Zone Off Alaska; License Limitation Program for the Scallop Fishery
NMFS proposes regulations to implement Amendment 10 to the Fishery Management Plan for the Scallop Fishery off Alaska (FMP), which would modify the gear endorsements under the license limitation program (LLP) for the scallop fishery. This action is necessary to allow increased participation by LLP license holders in the scallop fisheries off Alaska. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the FMP, and other applicable laws.
Fisheries of the Economic Exclusive Zone Off Alaska; Deep-Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska
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.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher/Processor Vessels Using Pot Gear in the Bering Sea and Aleutian Islands Management Area
NMFS is prohibiting directed fishing for Pacific cod by catcher/processor vessels using pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2005 first seasonal allowance of the Pacific cod total allowable catch (TAC) specified for catcher/processor vessels using pot gear in the BSAI.
Vessel Documentation: Lease Financing for Vessels Engaged in the Coastwise Trade; Second Rulemaking
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.
Special Conditions; Twin Commander Aircraft Models 690C, 690D, 695, 695A, and 695B; Protection of Systems for High Intensity Radiated Fields (HIRF)
These special conditions are issued to Twin Commander Aircraft LLC. 19010 59th DR. NE. Arlington, WA. 98223 for a Supplemental Type Certificate for the Twin Commander Aircraft Models 690C, 690D, 695, 695A, and 695B. These airplanes will have novel and unusual design features when compared to the state of technology envisaged in the applicable airworthiness standards. The novel and unusual design features include the installation of dual Innovative Solutions & Support (IS&S) Air Data Display Units (ADDU) 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.
Special Conditions; Lancair LC41-550FG and LC42-550FG for the Protection of Systems From High Intensity Radiated Fields (HIRF)
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.
Emergency Alert System
This document adopts revisions to the Federal Communication Commission's (Commission's) rules governing the Emergency Alert System (EAS) that will allow wireless cable television systems to provide EAS alerts to their subscribers in a more efficient and less burdensome manner. Specifically, wireless cable system operators will now be able to install equipment that provides a means to switch all programmed channels to a predesignated channel that carries an EAS alert in lieu of installing an EAS decoder for each and every system channel. Accordingly, upon receipt of an EAS alert, subscribers' equipment will automatically be tuned to the channel carrying the EAS message.
Protection of Stratospheric Ozone: Substitute Refrigerant Recycling; Amendment to the Definition of Refrigerant
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.
Protection of Stratospheric Ozone: Substitute Refrigerant Recycling; Amendment to the Definition of Refrigerant
The Environmental Protection Agency (EPA) is proposing changes to correct the final rule published in the Federal Register on March 12, 2004. Specifically, EPA is proposing to amend the regulatory text for the definitions of refrigerant and technician and the prohibition against venting substitute refrigerants. EPA is also proposing to amend the prohibition against venting substitute refrigerants to reflect the proposed changes to the definitions. These changes are being proposed 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.
National Emission Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum Achievable Control Technology Standards; and National Emission Standards for Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations
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.
National Emission Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum Achievable Control Technology Standards; and National Emission Standards for Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations
The EPA is taking direct final action on amendments to 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 Units: Heat Exchange Systems and Waste Operations which were promulgated in July 2002 (67 FR 46258). The direct final rule amendments 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 manufacturing process units. The direct final rule amendments 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 direct final rule amendments 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). We are issuing the amendments as direct final rules, without prior proposal, because we view the revisions as noncontroversial and anticipate no adverse comments. However, in the Proposed Rules section of this Federal Register, we are publishing a separate document that will serve as the proposal to amend the National Emissions Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum Control Technology Standards and the National Emission Standards for Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations.
Paroling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia Codes
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.
Airworthiness Directives; General Electric Company (GE) CF6-45 and CF6-50 Series Turbofan Engines
The FAA is adopting a new airworthiness directive (AD) for GE CF6-45 and CF6-50 series turbofan engines. This AD requires reviewing accumulated cyclic-life records of 10 life-limited rotating parts, correcting those records, and removing from service parts that exceed the low-cycle-fatigue (LCF) life limits published in the Engine Manual Chapter 5, Airworthiness Limitations Section (ALS). This AD results from an error in a tracking database that subtracted flight cycles of certain serial number (SN) parts from the actual accumulated cycles. We are issuing this AD to prevent rotating parts that may have exceeded their LCF life limit from failing, leading to uncontained engine failure.
Airworthiness Directives; GROB-WERKE Model G120A Airplanes
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.
Airworthiness Directives; Pilatus Aircraft Ltd. Models PC-12 and PC-12/45 Airplanes
The FAA proposes to adopt a new airworthiness directive (AD) for certain Pilatus Aircraft Ltd. (Pilatus) Models PC-12 and PC-12/45 airplanes. This proposed AD would require you to insert a temporary revision into the Limitations Section of the Pilot Operating Handbook (POH). This proposed AD would also require you to replace the pitch actuator with an improved design pitch actuator and make the necessary wiring and circuit breaker changes, as applicable. Installing the improved design pitch actuator terminates the need for the temporary revision in the POH. This proposed AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Switzerland. We are issuing this proposed AD to prevent an out-of- trim condition from occurring when the flaps are at a 40-degree flight phase and the pilot disconnects the autopilot. This condition could lead to reduced ability to control the airplane.
Airworthiness Directives; Boeing Model 747-100, -200B, -200F, -200C, -100B, -300, -100B SUD, -400, -400D, and -400F Series Airplanes; and Model 747SR Series Airplanes
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.
Disbursement of Funds
The Agency is revising its disbursement of funds regulations. This action is necessary since existing regulations do not accurately reflect the current disbursement methodologies employed by the Agency. The intended effect is to simplify and update the regulations. These amended regulations are to ensure the Agencies' field offices have current guidance on the disbursement methods available.
Commission Guidance Regarding Prohibited Conduct in Connection with IPO Allocations
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.
TRICARE; Elimination of Non-Availability Statement and Referral Authorization Requirements and Elimination of Specialized Treatment Services Program
This rule implements Section 735 of the National Defense Authorization Act for Fiscal Year 2002 (NDAA-02) (Pub. L. 107-107). It also implements Section 728 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (NDAA-01) (Pub. L. 106-398). Section 735 of NDAA-02 eliminates the requirement for TRICARE Standard beneficiaries who live within a 40-mile radius of a military medical treatment facility (MTF) to obtain a nonavailability statement (NAS) or preauthorization from an MTF before receiving inpatient care (other than mental health services) or maternity care from a civilian provider in order that TRICARE will cost-share for such services. Section 735 of NDAA-02, however, authorizes the Department of Defense to make exceptions to the elimination of the requirement for a NAS through the exercise of a waiver process under certain specified conditions. This section also eliminates the NAS requirement for specialized treatment services (STSs) for TRICARE Standard beneficiaries who live outside the 200-mile radius of a designated STS facility. This rule portrays the Department's decision to eliminate the STS program entirely. Finally, Section 728 of NDAA-01 requires that prior authorization before referral to a specialty care provider that is part of the contractor network be eliminated under any new TRICARE contract.
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