May 2005 – Federal Register Recent Federal Regulation Documents

The Agricultural Marketing Service (AMS) will raise user fees for cotton producers for 2005 crop cotton classification services under the Cotton Statistics and Estimates Act. The 2004 user fee for this classification service was $1.65 per bale. This rule will raise the fee for the 2005 crop to $1.85 per bale with the program. This fee and the existing reserve are sufficient to cover the costs of providing classification services, including costs for administration and supervision.

We published a notice in the Federal Register on April 1, 2005 (70 FR 16784), announcing plans to hold a series of public meetings to seek comments and suggestions about proposed regulations under 34 CFR parts 300 and 303 to implement programs under the recently amended IDEA. Under DATES, the day and date listed for the first meeting has been changed. The first meeting is listed as ``Monday, June 6, 2005 in San Antonio, TX''. This date is corrected to read ``Thursday, July 7, 2005 in San Antonio, TX'' for this location. This document also provides the information on specific sites for each of the currently planned public meetings.

The Nuclear Regulatory Commission (NRC) is revising its regulations to change the references from Deputy Executive Director for Management Services to Deputy Executive Director for Information Services and Administration and Chief Information Officer. The revision is necessary to reflect a recent realignment in the Office of the Executive Director for Operations. This final rule is necessary to inform the public of organizational changes within the NRC.

The Commander, Fifth Coast Guard District, has approved a temporary deviation from the regulations governing the operation of the S181 Bridge across the Spa Creek, at mile 0.4, at Annapolis, in MD. This deviation allows the drawbridge to remain in the closed-to- navigation position each day from 10 p.m. to 5 a.m., beginning July 6, 2005, through August 31, 2005, to facilitate sandblasting and painting operations of the bridge.

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.

This document contains proposed amendments to the regulations under section 415 of the Internal Revenue Code regarding limitations on benefits and contributions under qualified plans. The proposed amendments would provide comprehensive guidance regarding the limitations of section 415, including updates to the regulations for numerous statutory changes since regulations were last published under section 415. The proposed amendments would also make conforming changes to regulations under sections 401(a)(9), 401(k), 403(b), and 457, and would make other minor corrective changes to regulations under section 457. These regulations will affect administrators of, participants in, and beneficiaries of qualified employer plans and certain other retirement plans. This document also provides notice of a public hearing on these proposed regulations.

This notice extends the comment period on an advance notice of proposed rulemaking addressing potential regulatory and policy changes that would effect existing BIS deemed export licensing practices. BIS is continuing to seek comments on how these revisions would impact industry, the academic community, and U.S. government agencies involved in research. The new comment period deadline is June 27, 2005.

NMFS proposes to require sea turtle conservation measures for all sea scallop dredge vessels fishing in the mid-Atlantic from May 1 through November 30 each year. The proposed rule would require all vessels with a sea scallop dredge and which are required to have a Federal Atlantic sea scallop fishery permit, regardless of dredge size or vessel permit category, to modify their dredge(s) when fishing south of 41[deg] 9.0' N. latitude, from the shoreline to the outer boundary of the Exclusive Economic Zone. Any incidental take of threatened sea turtles in sea scallop dredge gear in compliance with this proposed gear modification requirement and other applicable requirements would be exempted from the prohibition against takes. This action is necessary to help reduce the take of sea turtles in scallop dredge gear and conserve loggerhead sea turtles, listed as threatened under the Endangered Species Act (ESA).

The Merit Systems Protection Board (MSPB or the Board) is amending its rules relating to Board organization in 5 CFR part 1200 to more accurately reflect the Board's staff organization and functions. The Board is also amending its rules of practice and procedure in 5 CFR part 1201 to correct statutory references and to clarify certain matters.

The Office of Personnel Management (OPM) is proposing to amend its regulations concerning agency reporting requirements on training. The purpose of the revision is to assist agencies to effectively collect information that supports agency determinations of its workforce training needs, and document the results of training and development programs implemented to address those needs, by requiring input into the OPM Governmentwide electronic data collection system.

The FAA proposes to revise an existing airworthiness directive (AD) for Turbomeca S.A. Arrius Models 2B, 2B1, and 2F turboshaft engines. That AD currently requires replacing the right injector half manifold, left injector half manifold, and privilege injector pipe. This proposed AD would require the same actions, but relaxes the compliance time for the repetitive replacements on Arrius 2F engines. This proposed AD results from Turbomeca relaxing the repetitive replacement interval for Arrius 2F engine fuel nozzles based on review of returned fuel nozzles to Turbomeca. We are proposing this AD to prevent engine flameout during rapid deceleration, or the inability to maintain the 2.5 minutes one engine inoperative (OEI) rating, and to prevent air path cracks due to blockage of the fuel injection manifolds.

The Department of Justice is amending the current regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to require licensed importers to identify by marking all explosive materials they import for sale or distribution. Licensed manufacturers currently are required to place identification markings on explosive materials manufactured in the United States. Similar marking requirements, however, do not currently exist for imported explosive materials. Identification markings are needed on explosives to help ensure that these materials can be effectively traced for criminal enforcement purposes. Although ATF does not have regulatory oversight over foreign manufacturers, it does have authority over licensed importers of explosive materials. This rule will impose identification requirements on licensed importers of explosive materials that are substantially similar to the marking requirements imposed on domestic manufacturers. In addition, the final rule incorporates into the regulations the provisions of ATF Ruling 75-35, relating to methods of marking containers of explosive materials. This final rule also amends the regulations to remove the requirement that a licensee or permittee file for an amended license or permit in order to change the class of explosive materials described in their license or permit from a lower to a higher classification.

Base (1% annual chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

This document amends the delegations of authority from the Secretary of Agriculture in order to reflect the Secretary's designation of the General Counsel as the Department official responsible for delegating the authority to other Department heads for considering, ascertaining, adjusting, determining, compromising, and settling, pursuant to the Federal Tort Claims Act (FTCA) and regulations of the Attorney General, claims less than $2500 that allege the negligence or wrongful act of an employee of a certain agency.

This document corrects information regarding the training course design for the repairman certificate (light-sport aircraft) discussed in the preamble of the final rule, ``Certification of Aircraft and Airmen for the Operation of Light-Sport Aircraft,'' published in the Federal Register of July 27, 2004. The regulatory text addressing this matter was correct and no correction to that text is required.

The Coast Guard is establishing a safety zone surrounding the El Segundo offshore marine terminal near Los Angeles, California. This action is necessary to ensure public safety and reduce the likelihood of a collision or other casualty involving a tank vessel moored at the offshore marine terminal. Entry into this zone will be prohibited unless specifically authorized by the Captain of the Port Los Angeles- Long Beach.

The Coast Guard is establishing a temporary safety zone on the waters within Tampa Bay, Florida, including Sparkman Channel, Garrison Channel (east of the Beneficial Bridge), Ybor Turning Basin, and Ybor Channel. The safety zone is needed to ensure the safety of all mariners from hazards associated with a fireworks display. Entry into this zone is prohibited to all vessels and persons without the prior permission of the Coast Guard Captain of the Port Tampa or designated representative.

The FAA is adopting a new airworthiness directive (AD) for certain Bombardier Model CL-600-1A11 (CL-600), CL-600-2A12 (CL-601), and CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604) airplanes modified by STC SA4900SW. This AD requires revising the airplane flight manual (AFM) to require repetitive visual checks of the microphone jack assemblies on both control columns to detect damage that may interfere with movement of the control column. This AD also requires modification of the microphone jack assembly, related investigative actions, and corrective actions if necessary, which allows the AFM revision to be removed from the AFM. This AD is prompted by a report of a rejected take-off and subsequent runway overrun due to restricted movement of the co-pilot's control column, which resulted in collapse of the nose landing gear and consequent damage of the forward fuselage. We are issuing this AD to prevent a damaged microphone jack assembly from interfering with movement of the control column, which could result in loss of control of the airplane.

This rule invites comments on revisions to the Certificate of Privilege (COP) requirements currently prescribed under the Florida tomato marketing order (order). The order regulates the handling of tomatoes grown in Florida and is administered locally by the Florida Tomato Committee (Committee). This rule would require those interested in receiving Florida tomatoes shipped under a COP to apply to the Committee to become an approved receiver. This rule would also clarify the definitions for processing and pickling as used in the rules and regulations under the order. These changes would assist the Committee in assuring that COP tomatoes are disposed of into COP outlets.

The FAA is adopting a new airworthiness directive (AD) for certain McDonnell Douglas Model 717-200 airplanes. This AD requires replacing eight brake fuses of the hydraulic quantity limiter with new or modified and reidentified fuses. This AD is prompted by reports indicating that brake fuses of the hydraulic quantity limiter of the main landing gear have failed. We are issuing this AD to prevent loss of both hydraulic and brake systems if one fuse on each hydraulic system were to fail simultaneously, and consequent reduced controllability of the airplane.

The FAA is adopting a new airworthiness directive (AD) for Turbomeca S.A. Arrius 1A turboshaft engines. This AD requires initial and repetitive testing of the Free Turbine Overspeed Protection System. This AD results from an investigation into the Digital Electronic Control Unit (DECU) that revealed a malfunction of the Free Turbine Overspeed Protection System. This malfunction can exist despite the DECU passing all functional tests specified in the Engine Maintenance Manual. We are issuing this AD to prevent uncontained engine failure if a free turbine overspeed occurs.

The Captain of the Port Puget Sound will begin enforcing the Budd Inlet security zone in West Bay, Olympia, Washington on Wednesday, May 25, 2005, at 8 a.m. Pacific daylight time. The security zone provides for the security of Department of Defense assets and military cargo in the navigable waters of Puget Sound and adjacent waters. The security zone will be enforced until Friday, May 27, 2005, at 11:59 p.m. Pacific daylight time.

Among other changes to patent and trademark fees, the Consolidated Appropriations Act, 2005 (Consolidated Appropriations Act), splits the former patent application basic filing fee into a separate basic filing (or basic national) fee, search fee and examination fee, and requires an additional fee (application size fee) for applications whose specification and drawings exceed 100 sheets of paper, during fiscal years 2005 and 2006. The United States Patent and Trademark Office is changing its practice for handling patent applications filed without the appropriate basic filing (or basic national) fee, search fee and examination fee.

The EPA is taking final action on two issues raised in a petition for reconsideration of EPA's rule to implement the 8-hour ozone national ambient air quality standard (NAAQS or standard). In addition, EPA is taking final action to clarify two aspects of that implementation rule. On April 30, 2004, EPA issued a final rule addressing key elements of the program to implement the 8-hour ozone NAAQS (Phase 1 Rule). Subsequently, on June 29, 2004, and September 24, 2004, three different parties each filed a petition for reconsideration of certain specified aspects of the final rule. By letter dated September 23, 2004, EPA granted reconsideration of three issues raised in the petition for reconsideration filed by Earthjustice on behalf of several environmental organizations. On February 3, 2005, we proposed action on two of the issues and today we are taking final action on these two issues: The applicability of the section 185 fee provisions once the 1-hour NAAQS is revoked, and the timing for determining what is an ``applicable requirement'' for purposes of anti-backsliding once the 1-hour NAAQS is revoked. On April 4, 2005, we issued a separate proposed rule on new source review (NSR) anti-backsliding, the third issue on which we granted reconsideration, and we plan to issue a final rule by June 30, 2005. In the February 3, 2005 proposal, we also proposed to revise the Phase 1 Rule in two respects. Today, we are taking final action on these two issues. First, we have determined that contingency measures for failure to make reasonable further progress (RFP) or attain by the applicable attainment date for the 1-hour ozone standard are no longer required as part of the State implementation plan (SIP) for as part of the SIP for an area after revocation of that standard. Second, we are adding the requirement to submit attainment demonstrations to the definition of ``applicable requirements'' in Sec. 51.900.

The Copyright Office is amending its rules to require cable operators, satellite carriers, and manufacturers and importers of digital audio recording technology and media to file with the Licensing Division of the Copyright Office a copy of their statement of account together with the original statement of account.