May 18, 2005 – Federal Register Recent Federal Regulation Documents

Pursuant to FAA's rulemaking provisions governing the application, processing, and disposition of petitions for exemption part 11 of Title 14, Code of Federal Regulations (14 CFR), this notice contains a summary of certain petitions seeking relief from specified requirements of 14 CFR. On January 13, 2005, a notice was published of a petition seeking relief from the requirements of 14 CFR 25.841(a)(2)(ii). By a letter dated March 4, 2005, the petitioner submitted additional information that indicated that it would also be necessary to obtain exemption from the related requirements of Sec. 25.841(a)(2)(i). The purpose of this notice is to improve the public's awareness of, and participation in, this aspect of FAA's regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of any petition or its final disposition.

This document begins an inquiry into the adequacy of the digital signal strength standard and testing procedures used to determine whether households are eligible to receive distant broadcast digital television (DTV) network signals from satellite communications providers. We request comment and information on whether the existing statutes and/or regulations concerning the digital television signal strength standard and testing procedures as used for identifying if households are unserved by local network TV signals for purposes of determining eligibility to receive distant signals from satellite services need to be revised.

The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act (PRA) of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology.

The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act (PRA) of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology.

The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act (PRA) of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology.

The Audio Division, at the request of Jeffrey Cotton allots Channel 260A at Cedarville, California, as the community's first local aural transmission service. See 69 FR 61617, published October 20, 2004. Channel 260A can be allotted to Cedarville in compliance with the Commission's minimum distance separation requirements at the center of the community. The reference coordinates for Channel 260A at Cedarville are 41-31-45 North Latitude and 120-10-20 West Longitude. A filing window for Channel 260A at Cedarville, California will not be opened at this time. Instead, the issue of opening a filing window for this channel will be addressed by the Commission in a subsequent order.

The Commission, at the request of Green Bay 44, L.L.C., substitutes channel 50+ for channel 44+ at Green Bay, Wisconsin. See 66 FR 63209, December 5, 2001. TV channel 50 can be allotted to Green Bay, Wisconsin, with a plus offset at coordinates 44-30-48 N. and 88-00-24 W. with reduced ERP of 802 kW. Since the community of Green Bay is located within 400 kilometers of the U.S.-Canadian border, concurrence from the Canadian government was obtained for this allotment. With this action, this proceeding is terminated.

The Food and Drug Administration (FDA) is announcing that a collection of information entitled ``Reports of Corrections and Removals'' has been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995.

The Food and Drug Administration is correcting a notice that appeared in the Federal Register of April 8, 2005 (70 FR 18029). The document announced a submission for the Office of Management and Budget review and request for comments on temporary marketing permit applications. The document was published with an incorrect docket number. This document corrects that error.

This notice announces Agency approval of applications submitted by Crompton Manufacturing Company and Gustafson LLC., to conditionally register the pesticide products Ipconazole Technical and Vortex Seed Treatment Fungicide containing a new active ingredient not included in any previously registered products pursuant to the provisions of section 3(c)(7)(C) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended.

This notice announces receipt of applications to register pesticide products containing new active ingredients not included in any previously registered products pursuant to the provisions of section 3(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended.

The FAA is superseding an existing airworthiness directive (AD), which applies to all Boeing Model 737-300, -400, and -500 series airplanes. That AD currently requires repetitive inspections of certain connectors located in the main wheel well to detect discrepancies, and corrective action if necessary. This new AD instead mandates a modification. This AD is prompted by the development of a modification intended to address the unsafe condition. We are issuing this AD to prevent discrepancies of certain connectors located in the main wheel well. Those discrepancies could result in electrical arcing of the connectors, uncommanded closure of the engine fuel shut-off valves, and consequent in-flight loss of thrust or engine shutdown from lack of fuel.

This notice announces the initial filing of a pesticide petition proposing the establishment of regulations for residues of a certain pesticide chemical in or on various food commodities.

This regulation establishes exemptions from the requirement of a tolerance for residues of several alpha- and/or beta-pinene polymers when used as inert ingredients in or on growing crops and when applied to raw agricultural commodities after harvest. Hercules, Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of alpha and/or beta-pinene polymers.

This document contains final regulations regarding a partnership's obligation to pay withholding tax under section 1446 on effectively connected taxable income allocable under section 704 to a foreign partner. The regulations interpret the rules added to the Internal Revenue Code by section 1246(a) of the Tax Reform Act of 1986 (1986 Act), as amended by section 1012(s)(1)(A) of the Technical and Miscellaneous Revenue Act of 1988 (1988 Act), and section 7811(i)(6) of the Omnibus Budget Reconciliation Act of 1989 (1989 Act). The regulations will affect partnerships engaged in a trade or business in the United States that have one or more foreign partners. The final regulations also include conforming amendments to sections 871, 1443, 1461, 1462, 1463, 6109, and 6721. This document also contains temporary regulations under section 1446 that may apply to reduce or eliminate a partnership's obligation to pay withholding tax in certain circumstances.

In this document, EPA is finalizing the Clean Air Mercury Rule (CAMR) and establishing standards of performance for mercury (Hg) for new and existing coal-fired electric utility steam generating units (Utility Units), as defined in Clean Air Act (CAA) section 111. The amendments to CAA section 111 rules would establish a mechanism by which Hg emissions from new and existing coal-fired Utility Units are capped at specified, nation-wide levels. A first phase cap of 38 tons per year (tpy) becomes effective in 2010, and a second phase cap of 15 tpy becomes effective in 2018. Facilities must demonstrate compliance with the standard by holding one ``allowance'' for each ounce of Hg emitted in any given year. Allowances are readily transferrable among all regulated facilities. Such a ``cap-and-trade'' approach to limiting Hg emissions is the most cost-effective way to achieve the reductions in Hg emissions from the power sector. The added benefit of the cap-and-trade approach is that it dovetails well with the sulfur dioxide (SO2) and nitrogen oxides (NOX) emission caps under the final Clean Air Interstate Rule (CAIR) that was signed on March 10, 2005. CAIR establishes a broadly-applicable cap-and-trade program that significantly limit SO2 and NOX emissions from the power sector. The advantage of regulating Hg at the same time and using the same regulatory mechanism as for SO2 and NOX is that significant Hg emissions reductions, especially reductions of oxidized Hg, can and will be achieved by the air pollution controls designed and installed to reduce SO2 and NOX. Significant Hg emissions reductions can be obtained as a ``co-benefit'' of controlling emissions of SO2 and NOX; thus, the coordinated regulation of Hg, SO2, and NOX allows Hg reductions to be achieved in a cost- effective manner. The final rule also finalizes a performance specification (PS) (Performance Specification 12A, ``Specification and Test Methods for Total Vapor Phase Mercury Continuous Emission Monitoring Systems in Stationary Sources'') and a test method (``Quality Assurance and Operating Procedures for Sorbent Trap Monitoring Systems''). The EPA is also taking final action to amend the definition of ``designated pollutant.'' The existing definition predates the Clean Air Act Amendments of 1990 (the CAAA) and, as a result, refers to section 112(b)(1)(A) which no longer exists. The EPA is also amending the definition of ``designated pollutant'' so that it conforms to EPA's interpretation of the provisions of CAA section 111(d)(1)(A), as amended by the CAAA. That interpretation is explained in detail in a separate Federal Register notice (70 FR 15994; March 29, 2005) announcing EPA's revision of its December 2000 regulatory determination and removing Utility Units from the 112(c) list of categories. For these reasons, EPA has determined that it is appropriate to promulgate the revised definition of ``designated pollutant'' without prior notice and opportunity for comment.