May 2005 – Federal Register Recent Federal Regulation Documents

This document terminates the Negotiated Rulemaking Advisory Committee on Minimum Standards for Driver's Licenses and Personal Identification Cards. The reason for the termination is that the recently-enacted Real ID Act repeals section 7212 of the Intelligence Reform and Terrorism Prevention Act of 2004, which provided the authority for the negotiated rulemaking on this subject.

Due to an adverse comment, EPA is withdrawing the direct final rule to approve reasonable available control technology (RACT) to limit volatile organic compound (VOC) emissions from three individual sources located in Pennsylvania. In the direct final rule published on April 1, 2005 (70 FR 16717), we stated that if we received adverse comment by May 2, 2005, the rule would be withdrawn and not take effect. EPA subsequently received an adverse comment on April 1, 2005. EPA will address the comment received in a subsequent final action based upon the proposed action also published on April 1, 2005 (70 FR 16784). EPA will not institute a second comment period on this action.

Due to adverse comments, EPA is withdrawing the direct final rule to approve Pennsylvania's State Implementation Plan (SIP) revision. The SIP revision pertains to source-specific nitrogen oxides (NOX) reasonably available control technology (RACT) determination for five individual sources located in Pennsylvania. In the direct final rule published on March 30, 2005 (70 FR 16115), we stated that if we received adverse comments by April 29, 2005, the rule would be withdrawn and not take effect. EPA subsequently received adverse comments. EPA will address the comments received in a subsequent final action based upon the proposed action also published on March 30, 2005 (70 FR 16203). EPA will not institute a second comment period on this action.

Due to incomplete information contained in the Commonwealth's submission, EPA is withdrawing an individual source that was included as part of a proposed rule to approve Pennsylvania's SIP pertaining to source-specific volatile organic compounds (VOC) and nitrogen oxides (NOX) RACT determinations for eleven individual sources located in Pennsylvania. The proposed rule was published on March 31, 2005 (70 FR 16469). Subsequently, EPA is withdrawing the one provision of that proposed rule.

EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Maine. This revision establishes requirements to reduce emissions of nitrogen oxides (NOX), sulfur dioxide (SO2), particulate matter (PM), and carbon monoxide (CO) from smaller-scale electric generating units. The intended effect of this action is to approve these requirements into the Maine SIP. EPA is taking this action in accordance with the Clean Air Act (CAA).

On February 28, 2005, the Office of Personnel Management (OPM) issued proposed rules regarding the notification and training requirements of Title II of the No FEAR Act (70 FR 9544). The proposed rule contained a 60-day comment period. Upon further consideration, OPM has decided to reopen the initial comment period until June 28, 2005.

EPA is proposing to approve two State Implementation Plan (SIP) revisions submitted by the State of Maine. These revisions establish requirements to reduce volatile organic compound (VOC) emissions from mobile equipment repair and refinishing, and solvent cleaning operations. The intended effect of this action is to approve these requirements into the Maine SIP. EPA is taking this action in accordance with the Clean Air Act (CAA).

The EPA is proposing to approve revisions to the State Implementation Plan (SIP) submitted by the State of North Carolina through the Department of Environment and Natural Resources (DENR) on December 21, 2004. These revisions are submitted pursuant to the Early Action Compact (EAC) protocol \1\ and will result in emission reductions needed to attain and maintain the 8-hour ozone National Ambient Air Quality Standard (NAAQS) in the Mountain, Unifour, Triad and Fayetteville EAC areas (the North Carolina EAC Areas). EPA is proposing approval of the photochemical modeling used by North Carolina to support the attainment demonstration of the 8-hour ozone standard within these areas. The proposed revisions further incorporate the local control measures of the Mountain, Unifour, Triad and Fayetteville EAC area agreements into the SIP.

The Food Safety and Inspection Service (FSIS) is publishing this notice to inform establishments that produce mechanically tenderized beef products that their next annual HACCP plan reassessment for these products must take into account the fact that there have been three relatively recent Escherichia coli (E. coli) O157:H7 outbreaks associated with consumption of mechanically tenderized beef. This requirement applies to HACCP plan reassessments for raw and cooked mechanically tenderized beef products, including such products that are injected with marinade (or ``enhanced'' products). One outbreak that was associated with consumption of mechanically tenderized beef occurred in August 2000, one in June 2003, and one in August 2004. The occurrence of these outbreaks represents a change that would affect the hazard analysis and could alter the HACCP plans of establishments that produce mechanically tenderized beef products. Therefore, establishments that produce such products should consider the significance of the outbreaks and ensure that their HACCP plans adequately address relevant biological hazards, particularly E. coli O157:H7. If an establishment that produces mechanically tenderized beef products has already considered the significance of the three outbreaks as part of a HACCP plan reassessment, it need not repeat this effort. An establishment that has already conducted its 2005 reassessment for mechanically tenderized beef products and has not yet considered the significance of the three outbreaks as part of a HACCP plan reassessment should do so as part of its 2006 annual HACCP plan reassessment. FSIS invites comments on this notice.

This document contains final regulations relating to the definition of liabilities under section 752 of the Internal Revenue Code (Code). These regulations provide rules regarding a partnership's assumption of certain fixed and contingent obligations in connection with the issuance of a partnership interest and provide conforming changes to certain regulations. These regulations also provide rules under section 358(h) for assumptions of liabilities by corporations from partners and partnerships. Finally, this document also contains temporary regulations relating to the assumption of certain liabilities under section 358(h). 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 Nuclear Regulatory Commission (NRC) is amending the licensing, inspection, and annual fees charged to its applicants and licensees. The amendments are necessary to implement the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as amended, which requires that the NRC recover approximately 90 percent of its budget authority in fiscal year (FY) 2005, less the amounts appropriated from the Nuclear Waste Fund (NWF). The total amount to be recovered for FY 2005 is approximately $540.7 million. After accounting for carryover and billing adjustments, the net amount to be recovered through fees is approximately $538 million.

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.