May 2005 – Federal Register Recent Federal Regulation Documents

EPA is approving a revision to the Jefferson County, Kentucky, portion of the Kentucky State Implementation Plan (SIP) requesting removal of three regulations from the regulatory portion of the Kentucky SIP related to the Jefferson County inspection and maintenance (I/M) program. EPA is approving Kentucky's September 22, 2003, SIP revision to move these I/M regulations to the contingency measures section of the Kentucky portion of the Louisville 1-Hour Ozone Maintenance Plan. EPA is also approving a source-specific SIP revision amending the nitrogen oxides (NOX) emission rate for Kosmos Cement Company's cement kiln. This final rule addresses comments made on EPA's proposed rulemaking previously published for this action.

This regulation establishes an exemption from the requirement of a tolerance for residues of the microbial pesticide Alternaria destruens Strain 059 (also referred to in this document as A. destruens) on all agricultural commodities when applied/used in accordance with label directions. Loveland Products 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 A. destruens.

The Office of Personnel Management is issuing a final rule to abolish the San Francisco, CA, nonappropriated fund (NAF) Federal Wage System (FWS) wage area and redefine San Francisco County as an area of application to the Santa Clara, CA, NAF FWS wage area. This change is necessary because the closure of Fort Mason Officers' Club left the San Francisco wage area without a host activity to conduct local NAF wage surveys.

The General Services Administration (GSA) is amending the Federal Travel Regulation (FTR), by clarifying various provisions regarding temporary duty (TDY) travel. The explanation of changes is addressed in the supplementary information below. The FTR and any corresponding documents may be accessed at GSA's website at https:// www.gsa.gov/ftr.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 767 airplanes. This proposed AD would require modifying a relay installation and associated wiring of the engine cowl anti-ice system and performing a functional test of the thrust reverser system. This proposed AD would also require replacing the operational program software of certain indicating/recording systems. This proposed AD is prompted by numerous operator reports of failures of the lock flexshaft of the thrust reverser actuation system (TRAS) between the upper actuator and the TRAS lock. We are proposing this AD to prevent high power in-flight deployment of a thrust reverser, which could cause high roll force and consequent departure from controlled flight.

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 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.

This document proposes to revoke specific tolerances and tolerance exemptions for residues of the bird repellent 4- aminopyridine, fungicides ammonia and vinclozolin, and insecticides chloropicrin, diazinon, dihydro-5-heptyl-2(3H)-furanone, and dihydro-5- pentyl-2(3H)-furanone. EPA canceled food use registrations or deleted food uses from registrations following requests for voluntary cancellation or use deletion by the registrants, or non-payment of registration maintenance fees. EPA expects to determine whether any individuals or groups want to support these tolerances. The regulatory actions proposed in this document contribute toward the Agency's tolerance reassessment requirements under the Federal Food, Drug, and Cosmetic Act (FFDCA) section 408(q), as amended by the Food Quality Protection Act (FQPA) of 1996. By law, EPA is required by August 2006 to reassess the tolerances that were in existence on August 2, 1996. The regulatory actions proposed in this document pertain to the proposed revocation of 39 tolerances and tolerance exemptions of which 33 would be counted as tolerance reassessments toward the August 2006 review deadline.

The FAA is adopting a new airworthiness directive (AD) for Rolls- Royce Corporation (RRC) (formerly Allison Engine Company) 250-B17B, - B17C, -B17D, -B17E, -C20, -C20B, -C20F, -C20J, -C20S, and -C20W turboprop and turboshaft engines that do not have turbine energy absorbing ring, RRC part number (P/N) 23035175, or an equivalent FAA- approved serviceable turbine energy absorbing ring, installed. This AD requires installation of a turbine energy absorbing ring in the plane of the 1st stage turbine wheel. This AD results from an unacceptable rate of uncontained 1st stage turbine wheel failures. We are issuing this AD to minimize the risk of uncontained 1st stage turbine wheel fragments from causing damage to the aircraft or damage to the second engine on twin-engine installations, which could lead to loss of control and loss of the aircraft.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus model airplanes, as specified above. This AD requires modifying the electrical bonding points of additional center tanks. This AD is prompted by the results of fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent electrical arcing inside the fuel tank, due to insufficient bonding, which could result in the ignition of fuel vapors with a potential risk of explosion of the fuel tank.

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.

The Federal Energy Regulatory Commission is amending its regulations governing standards for conducting business practices with interstate natural gas pipelines. The Commission is incorporating by reference the most recent version of the standards, Version 1.7, promulgated December 31, 2003, by the Wholesale Gas Quadrant (WGQ) of the North American Energy Standards Board (NAESB); the standards ratified by NAESB on June 25, 2004 to implement Order No. 2004; the standards ratified by NAESB on May 3, 2005 to implement Order No. 2004- A; and the standards implementing gas quality reporting requirements ratified by NAESB on October 20, 2004. These standards can be obtained from NAESB at 1301 Fannin, Suite 2350, Houston, TX 77002, 713-356-0060, https://www.naesb.org.

The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Tariff of Tolls in their respective jurisdictions. The Tariff sets forth the level of tolls assessed on all commodities and vessels transiting the facilities operated by the SLSDC and the SLSMC. The SLSDC is revising its regulations to reflect the fees and charges levied by the SLSMC in Canada starting in the 2005 navigation season, which are effective only in Canada. An amendment to increase the charge per pleasure craft per lock transited for full or partial transit of the Seaway will apply in the United States.

The Commodity Futures Trading Commission (``Commission'') is amending its regulations regarding investment of customer funds and related recordkeeping requirements. The amendments address standards for investing in instruments with certain features, requirements for adjustable rate securities, concentration limits on reverse repurchase agreements (``reverse repos''), transactions by futures commission merchants (``FCMs'') that are also registered as securities broker- dealers (``FCM/BDs''), rating standards and registration requirement for money market mutual funds (``MMMFs''), the auditability standard for investment records, and certain technical changes. Among those technical changes is an amendment to the Commission's recordkeeping rules in connection with repurchase agreements (``repos'') and proposed transactions by FCM/BDs.

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of West Virginia. This proposed revision consists of an Early Action Compact (EAC) Plan that will enable the Eastern Panhandle Region Ozone EAC Area to demonstrate attainment and maintenance of the 8-hour ozone national ambient air quality (NAAQS) standard. This action is being taken under the Clean Air Act (CAA).

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Maryland. The proposed revision consists of an Early Action Compact (EAC) Plan that will enable the Washington County EAC Area to demonstrate attainment and maintenance of the 8-hour ozone national ambient air quality (NAAQS) standard. This action is being taken under the Clean Air Act (CAA).

EPA is taking direct final action to approve revisions to the Commonwealth of Virginia State Implementation Plan (SIP). The revision consists of regulatory modifications intended to clarify the applicability of the solvent metal cleaning operations using non- halogenated solvents provisions. EPA is approving these revisions in accordance with the requirements of the Clean Air Act.

The Department of Labor is issuing a final rule to implement section 4(a)(1) of Public Law 107-288, the Jobs for Veterans Act (Act), which amends 38 U.S.C. 4102A. This final rule establishes formula criteria for making funds available for veterans' employment services and the Transition Assistance Program (TAP). This rule replaces the Interim Final Rule and covers the second phase-in year of fiscal year 2005 and the permanent program beginning in fiscal year 2006.

This document proposes adopting a new airworthiness directive (AD) for Bell Helicopter Textron (Bell) Model 206A and 206B helicopters modified by Aeronautical Accessories, Inc. Supplemental Type Certificate (STC) SH1392SO with certain part-numbered high crosstubes. The AD would require inspecting at specified time intervals and replacing any cracked crosstubes. This proposal is prompted by the discovery of a cracked high forward crosstube. The actions specified by the proposed AD are intended to detect a crack in the crosstube which could lead to failure of the crosstube, collapse of the landing gear, and subsequent loss of control of the helicopter.

EPA is proposing approval of a State Implementation Plan (SIP) revision submitted by the State of Colorado. On July 21, 2004, the Governor of Colorado submitted an Early Action Compact (EAC) ozone plan for the Denver metropolitan area (hereafter, Denver area) for the 8- hour ozone National Ambient Air Quality Standard (NAAQS). The Governor's submittal also contained an attainment demonstration for the 8-hour ozone NAAQS. In conjunction with the EAC ozone plan, the Governor submitted revisions to Colorado's Common Provisions Regulation, Colorado's Regulation No. 7 ``Emissions of Volatile Organic Compounds'' (hereafter, Regulation No. 7), and revisions to Colorado's Regulation No. 11 ``Motor Vehicle Emissions Inspection Program'' (hereafter Regulation No. 11). In this action, EPA is proposing approval of the Denver EAC ozone plan, the associated attainment demonstration, and the revisions to the Common Provisions Regulation, Regulation No. 7, and Regulation No. 11. This action is being taken under section 110 of the Clean Air Act.

This document corrects the final regulations published on September 13, 2004 that amended the Sugar Program regulations of the Commodity Credit Corporation (CCC) by revising several definitions used in the program and the sugar marketing allotment regulations with respect to the reassignment of processors' allocation deficits. A correction is needed to restore two paragraphs that were inadvertently removed and add a clarifying paragraph.

This document corrects final regulations and removal of temporary regulations (TD 9198), that were published in the Federal Register on Tuesday, April 19, 2005 (70 FR 20279) that relate to the recognition of gain on certain distributions of stock or securities of a controlled corporation in connection with an acquisition.