May 25, 2005 – Federal Register Recent Federal Regulation Documents

This regulation sets forth the terms and conditions of the 2003/2004 American Indian Livestock Feed Program (AILFP). Assistance will be available to eligible livestock producers for livestock feed crop years 2003 or 2004 whose eligible livestock occupied tribal- governed land at the time of a natural disaster in an area where a significant loss of livestock feed has occurred, creating a livestock feed emergency, as determined by the Commodity Credit Corporation (CCC). Eligible producers can receive benefits for livestock feed crop year 2003, or 2004, but not both. Eligible tribal-governed land must be located in a primary county or counties that have received an emergency declaration by the President or emergency designation by the Secretary of Agriculture on or after January 1, 2003, for losses occurring in calendar year 2003, or calendar year 2004. Although the Presidential declarations and Secretarial designations were issued for natural disasters in those calendar years, tribal governments may request an initial 90-day feeding period and up to three 90-day extensions that extend from the beginning of a livestock feed crop year, to the end of that same livestock feed crop year. Further, livestock owners who sold eligible livestock as a direct result of natural disaster shall report those livestock as owned through the end of the production year (livestock feed crop year) in order to mitigate the livestock owner's losses. This rule is intended to implement legislation and assist affected producers in overcoming the effects of drought. In addition, this rule provides technical revisions for the Livestock Assistance Program regulations.

This proposed rule invites comments on a new program, the 2004 Dairy Disaster Assistance Payment Program, as authorized by the Military Construction Appropriations and Emergency Hurricane Supplemental Appropriations Act of 2005. The proposed program will provide up to $10 million in assistance for producers in counties declared a disaster by the President in 2004 due to hurricanes. Payments would be made for losses in the three month period, August- October 2004, only. This action is designed to provide financial assistance to producers who suffered dairy production and milk spoilage losses due to hurricanes in 2004.

This proposed rule would revise the regulatory periods when minimum grade, size, quality, and maturity requirements apply to southeastern California grapes under Marketing Order No. 925 (order), and to imported grapes under the table grape import regulation. The current regulatory periods for both domestic and imported grapes are April 20 through August 15 of each year. The California Desert Grape Administrative Committee (Committee), which locally administers the order, unanimously recommended changing the date when these requirements expire for grapes grown in California to July 10 because few grapes are normally shipped after that date. A corresponding change for imported table grapes is required under section 8e of the Agricultural Marketing Agreement Act of 1937. The Desert Grape Growers League of California (the ``League'') requested that the beginning date of the regulatory period for imported table grapes be changed from April 20 to April 1. The League requested this change to prevent the marketing of grape imports that do not meet the California grape order's grade, size, quality, and maturity requirements. The Act provides authority for such change. If implemented, the regulatory period for domestic grapes would be April 1-July 10 so both sets of requirements apply during the same time period. This proposed rule also would clarify the maturity (soluble solids) requirements for southeastern California and imported Flame Seedless variety grapes.

The FAA proposes to adopt a new airworthiness directive (AD) for all EMBRAER Model EMB-110P1 and EMB-110P2 airplanes. This proposed AD would require repetitive inspections for corrosion or cracking of the rotating cylinder assembly in the nose landing gear (NLG), and related investigative/corrective actions if necessary. This proposed AD would also require the eventual replacement of the rotating cylinder assembly with a new part, which terminates the need for the repetitive inspections. This proposed AD is prompted by reports of corrosion on the NLG rotating cylinder assembly. We are proposing this AD to prevent cracks from emanating from corrosion pits in the NLG rotating cylinder assembly, which could result in failure of the NLG.

The Coast Guard proposes establishing a temporary safety zone for the Hingham Fourth of July Fireworks Display in Hingham, Massachusetts. This safety zone is necessary to protect the life and property of the maritime public from the potential hazards associated with a fireworks display. The safety zone would temporarily prohibit entry into or movement within a portion of Hingham Harbor during the closure period.

This action amends the Class E airspace area at Brunswick Naval Air Station (NAS), ME. This action is prompted by the relocation of the Brunswick Navy TACAN navigational aid. Portions of the designated airspace were described using the TACAN radials and distances. This action describes the airspace using the Airport Reference Point (ARP) as the sole point of origin instead of the airport and TACAN.

This action proposes to establish three area navigation (RNAV) routes and revise two existing RNAV routes in the Western United States in support of the High Altitude Redesign (HAR) project. The FAA is proposing this action to enhance safety and to improve the efficient use of the navigable airspace.

The Nuclear Regulatory Commission (NRC) is amending its export/import regulations to remove Syria from the list of restricted destinations and add it to the list of embargoed destinations. This amendment is necessary to conform the NRC's regulations with U.S. law and foreign policy.

The Nuclear Regulatory Commission (NRC) is amending its regulations revising the Transnuclear, Inc., Standardized NUHOMS[reg] System listing within the ``List of approved spent fuel storage casks'' to include Amendment No. 8 to Certificate of Compliance Number (CoC No.) 1004. Amendment No. 8 to the Standardized NUHOMS[reg] System CoC will modify the cask design by adding a new spent fuel storage and transfer system, designated the NUHOMS[reg]-24PTH System. The NUHOMS[reg]-24PTH System consists of new or modified components: The -24PTH dry shielded canister (DSC); a new -24PTH DSC basket design; a modified horizontal storage module (HSM), designated the HSM-H; and a modified transfer cask (TC), designated the OS 197FC TC. The NUHOMS[reg]-24PTH System is designed to store fuel with a maximum average burnup of up to 62 gigawatts-day/metric ton of uranium; maximum average initial enrichment of 5.0 weight percent; minimum cooling time of 3.0 years; and maximum heat load of 40.8 kilowatts per DSC, under a general license.

The Office of Hearings and Appeals (OHA) and Freedom of Information Act and Privacy Acts Office (FOI/PA) are amending their regulations to reflect a change in their address. This action is technical in nature and is intended to improve the accuracy of the Agency's regulations.

This action proposes to modify Federal Airway V-536 by adding a route from the Great Falls, MT, Very High Frequency Omnidirectional Range/Tactical Air Navigation (VORTAC) to the SWEDD intersection. The purpose of the proposed airway segment is to enhance the management of aircraft transiting between Great Falls, MT, and Bozeman, MT.

This proposal would establish Class E airspace at Chehalis, WA. Additional Class E airspace is necessary to accommodate aircraft using a new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedure (SIAP) at Chehalis-Centralia Airport. This action is proposed to improve the safety of Instrument Flight Rules (IFR) aircraft executing the new RNAV GPS SIAP at Chehalis-Centralia Airport, Chehalis, WA.

This action establishes a prohibited area (P-51) over the U.S. Naval Submarine Base, at Bangor, WA. The prohibited area replaces a Temporary Flight Restriction (TFR) that is currently in effect. The FAA is taking this action in response to a request from the U.S. Navy as part of its efforts to enhance the security of the Naval Submarine Base, Bangor, WA.

This action withdraws the Direct final rule, confirmation of effective date of a rule that was published in the Federal Register on Thursday, May 5, 2005 (70 FR 23790). The action was inadvertently published as a Direct final rule, confirmation of effective date when it should have been published as a final rule. It is replaced with a final rule. This rule establishes a Class E surface area at Monett, MO. It also modifies the Class E airspace area extending upward from 700 feet above the surface at Monett, MO. The effect of this rule is to provide appropriate controlled Class E airspace for aircraft departing from and executing instrument approach procedures to Monett Municipal Airport and to segregate aircraft using instrument approach procedures in instrument conditions from aircraft operating in visual conditions.

This notice proposes special conditions for the Embraer Model ERJ 190 series airplane. This airplane will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. These design features are associated with (1) engine size and torque load which affect sudden engine stoppage, (2) electrical and electronic systems which perform critical functions, and (3) an Automatic Takeoff Thrust Control Systems (ATTCS). These proposed special conditions also pertain to the effects of such novel or unusual design features, such as their effects on the structural performance of the airplane. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for these design features. These proposed 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 Coast Guard is revising the anchorage regulations in the Port of Hampton Roads. Infrastructure improvements and increases in vessel traffic and draft calling on the port have prompted this rulemaking. This regulation will ensure that the Hampton Roads Anchorage Grounds continue to safely support current and future vessel anchoring demands.

This document contains proposed amendments to the regulations under section 367 relating to certain transfers of stock involving foreign corporations in transactions governed by section 304. Specifically, these proposed regulations provide that if, pursuant to section 304(a)(1), a U.S person is treated as transferring stock of a domestic or foreign corporation to a foreign corporation in exchange for stock of such foreign corporation in a transaction to which section 351(a) applies, such deemed section 351 exchange is not a transfer to a foreign corporation subject to section 367(a). These proposed regulations also provide that if, pursuant to section 304(a)(1), a foreign acquiring corporation is treated as acquiring the stock of a foreign acquired corporation in a transaction to which section 351(a) applies, such deemed section 351 acquisition is not an acquisition subject to section 367(b).

We, the U.S. Fish and Wildlife Service (Service), announce the opening of a public comment period on the proposed and final designation of critical habitat for the Klamath River and Columbia River populations of bull trout (Salvelinus confluentus). Due to court action, we have determined that it would be appropriate to reevaluate the exclusions made in the final critical habitat rule. We are opening this comment period to allow all interested parties to comment simultaneously on the November 29, 2002, proposed rule (67 FR 71235) and the October 6, 2004, final rule (69 FR 59996). Copies of the proposed and final rules, as well as the economic analysis for the critical habitat designation, are available on the Internet at https:// pacific.fws.gov/bulltrout or from the Portland Regional Office at the address and contact numbers below.

In response to a Notice of Proposed Rule Making, 70 FR 775 (January 5, 2005) this Report and Order reallots Channel 275C3, Station WLME(FM) (``WLME''), Cannelton, Indiana, to Tell City, Indiana, and modifies Station WLME's license accordingly. In addition, this Report and Order reallots Channel 289A from Tell City to Cannelton, Indiana, and modifies Station WTCJ-FM's license accordingly. The coordinates for Channel 275C3 at Tell City, Indiana, are 37-50-52 NL and 86-36-18 WL, with a site restriction of 18.4 kilometers (11.4 miles) southeast of Tell City. The coordinates for Channel 289A at Cannelton are 37-48-13 NL and 86-48-57 WL, with a site restriction of 13.5 kilometers (8.4 miles) southwest of Cannelton.

The Audio Division, at the request of Portmeirion Partners allots Channel 225C3 at Clatskanie, Oregon, as the community's first local service. See 69 FR 75016, published December 15, 2004. Channel 225C3 can be allotted to Clatskanie, consistent with the minimum distance separation requirements of the Commission's rules at a restricted site located 21.5 kilometers (13.3 miles) north of the community. The reference coordinates for Channel 225C3 at Clatskanie are 46-17-44 North Latitude and 123-14-13 West Longitude. A filing window for Channel 225C3 at Clatskanie, Oregon 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. To accommodate the Clatskanie allotment, the Audio Division orders the substitution of Channel 259A for Channel 224A at Long Beach, California, and modification of the license for Station KAQX(FM) to reflect the channel change. Additionally, the Audio Division orders the substitution of Channel 253A for Channel 259A at Ilwaco, Washington to facilitate the Long Beach channel substitution.

In this document, the Commission grants in part and otherwise denies a petition for reconsideration of the final rules concerning licensed use of the millimeter wave spectrum in the 71-76 GHz and 81-86 GHz bands. This action is intended to promote the private sector development and use of these bands.

In this document, the Commission seeks comment on where to draw the line between the Commission's jurisdiction and states' jurisdiction over the billing practices of Commercial Mobile Radio Service (CMRS) and other interstate carriers. In addition, the proposed rules seek comment on how the Commission should define the distinction between mandated and non-mandated charges for truth-in-billing purposes, and how states can be involved in enforcing point of sale disclosure rules the Commission has proposed.

This document requests comments on the removal of two mutually exclusive vacant allotments, Channel 228A at Aspen, Colorado and Channel 228A at Leadville, Colorado. The allotments are not in compliance with the minimum distance separation requirements of Section 73.207(b) of the Commission's Rules. These vacant allotments are short- spaced by 45.3 kilometers, whereas the minimum distance spacing requirement for these allotments is 115 kilometers. Channel 228A at Aspen, Colorado was allotted in 2001, as the community's third local FM commercial service without a site restriction at coordinates 39-11-24 NL and 106-49-06 WL. Channel 228A at Leadville, Colorado is a vacant allotment resulting from the cancellation of the Station KRMH-FM license in 1997. See BLH-19860207KD. The reference coordinates for vacant Channel 228A at Leadville are 39-14-51 NL and 106-17-57 WL. Interest parties should file comments expressing an interest in the vacant allotments to prevent removal.

The Audio Division, at the request of Northern Paul Bunyan Radio Company, allots Channel 226A at Ferrysburg, Michigan, as the community's first local FM service. Channel 226A can be allotted to Ferrysburg, Michigan, in compliance with the Commission's minimum distance separation requirements with a site restriction of 2.7 km (1.7 miles) northeast of Ferrysburg. The coordinates for Channel 226A at Ferrysburg, Michigan, are 43-06-04 North Latitude and 86-11-29 West Longitude.