June 7, 2005 – Federal Register Recent Federal Regulation Documents

Phytosanitary Treatments; Location of Treatment Schedules and Other Requirements
Document Number: 05-9387
Type: Rule
Date: 2005-06-07
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
This final rule amends the plant health regulations by adding to 7 CFR part 305 treatment schedules and related requirements that now appear in the Plant Protection and Quarantine Treatment Manual and by removing the Plant Protection and Quarantine Treatment Manual from the list of material that is incorporated by reference into the regulations. We are taking this action to simplify the process for amending treatment schedules and related requirements and to more clearly distinguish between treatment-related requirements and nonbinding administrative information, which the Plant Protection and Quarantine Treatment Manual also contains.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Trip Limit Reduction for Gulf of Mexico Grouper Fishery
Document Number: 05-11290
Type: Rule
Date: 2005-06-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS reduces the combined trip limit for the commercial shallow-water and deep-water grouper fisheries in the exclusive economic zone of the Gulf of Mexico to 7,500 lb (3,402 kg) per trip. The intended effect of trip limit reduction is to moderate the rate of harvest of the available quotas and, thereby, reduce the adverse social and economic effects of derby fishing, enable more effective quota monitoring, and reduce the probability of overfishing.
Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer
Document Number: 05-11289
Type: Rule
Date: 2005-06-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that it has approved the request of the State of North Carolina to transfer 82,774 lb (37,546 kg) of commercial summer flounder quota to the States of Maine, Connecticut, New York, and Maryland, and the Commonwealth of Massachusetts, in accordance with the Atlantic States Marine Fisheries Commission (ASMFC) Addendum XV to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP). By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved.
Revision of December 2000 Regulatory Finding on the Emissions of Hazardous Air Pollutants From Electric Utility Steam Generating Units and the Removal of Coal- and Oil-Fired Electric Utility Steam Generating Units From the Section 112(c) List
Document Number: 05-11273
Type: Rule
Date: 2005-06-07
Agency: Environmental Protection Agency
This action corrects and clarifies certain text of the final rule entitled ``Revision of December 2000 Regulatory Finding on the Emissions of Hazardous Air Pollutants from Electric Utility Steam Generating Units and the Removal of Coal- and Oil-Fired Electric Utility Steam Generating Units From the Section 112(c) List.'' The final rule was published in the Federal Register on March 29, 2005 (70 FR 15994) and contains two discrete regulatory actions: The reversal of the December 2000 finding based on EPA's conclusion that it is neither appropriate nor necessary to regulate coal- and oil-fired electric utility steam generating units (Utility Units) under section 112 of the Clean Air Act (CAA); and the removal of coal- and oil-fired Utility Units from the CAA section 112(c) list. This document corrects certain explanatory text in the final rule published at 70 FR 15993. These corrections do not affect the substance of the two above-noted regulatory actions, nor do they change the rights or obligations of any party. Rather, this notice merely corrects certain explanatory text in support of EPA's actions. Thus, it is proper to issue this notice of final rule corrections without notice and comment. Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), provides that, when an agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. We have determined that there is good cause for making today's action final without prior proposal and opportunity for comment because the changes to the rule are minor technical corrections, are noncontroversial, and do not substantively change the agency actions taken in the final rule. Thus, notice and public procedure are unnecessary. We find that this constitutes good cause under 5 U.S.C. 553(b)(B).
Simplification of the Grant Appeals Process
Document Number: 05-11262
Type: Proposed Rule
Date: 2005-06-07
Agency: Department of Health and Human Services, Health Resources and Services Administration
Pursuant to 42 CFR part 50, subpart D, the Health Resources and Services Administration (HRSA), Department of Health and Human Services (HHS), has provided an informal level of appeal on those grant related disputes subject to the departmental appeal procedures codified at 45 CFR Part 16. HHS is proposing to amend 42 CFR part 50, subpart D, to remove HRSA from the list of agencies to which these informal appeal procedures apply. This would permit aggrieved HRSA grantees direct access to the Departmental Grant Appeals Board and that Board's original jurisdiction.
Expanded Weekly Entry Procedure for Foreign Trade Zones
Document Number: 05-11261
Type: Proposed Rule
Date: 2005-06-07
Agency: Department of Homeland Security, Department of the Treasury, Bureau of Customs and Border Protection, Customs and Border Protection Bureau
This document withdraws a notice of proposed rulemaking published in the Federal Register by Customs and Border Protection (CBP) on July 25, 2002, which proposed to amend the CBP Regulations in accordance with the Trade and Development Act of 2000 to expand the weekly entry procedures for foreign trade zones. Public comment on the proposed rulemaking was solicited. Commenters uniformly expressed concern that the proposed rule limited weekly entry procedures to consumption entries, and that amendments to the regulations were unnecessary because the law was self-effectuating. After careful consideration, CBP has decided to withdraw the proposed rulemaking pending assessment of a more comprehensive regulatory scheme for weekly entry procedures from foreign trade zones.
Airworthiness Directives; McDonnell Douglas Model DC-8-11, DC-8-12, DC-8-21, DC-8-31, DC-8-32, DC-8-33, DC-8-41, DC-8-42, and DC-8-43 Airplanes; DC-8-50 Series Airplanes; DC-8-61 Airplanes; DC-8-61F Airplanes; DC-8-71 Airplanes; and DC-8-71F Airplanes
Document Number: 05-11257
Type: Proposed Rule
Date: 2005-06-07
Agency: Federal Aviation Administration, Department of Transportation
This action withdraws a notice of proposed rulemaking (NPRM) that proposed revision of an existing airworthiness directive (AD). The existing AD applies to certain McDonnell Douglas airplanes. That NPRM would have extended the compliance time for the follow-on inspection after accomplishment of the modification required by the existing AD. Since the issuance of the NPRM, the Federal Aviation Administration (FAA) has approved an alternative method of compliance for the existing AD using a new version of the service bulletin that provides an acceptable level of safety. Accordingly, the proposed rule is withdrawn.
Changes in Flood Elevation Determinations
Document Number: 05-11229
Type: Rule
Date: 2005-06-07
Agency: Federal Emergency Management Agency, Department of Homeland Security
Modified Base (1% annual-chance) Flood Elevations (BFEs) are finalized for the communities listed below. These modified elevations will be used to calculate flood insurance premium rates for new buildings and their contents.
List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision
Document Number: 05-11216
Type: Rule
Date: 2005-06-07
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) is amending its regulations to revise the Holtec International HI-STORM 100 cask system listing within the ``List of approved spent fuel storage casks'' to include Amendment No. 2 to Certificate of Compliance (CoC) Number 1014. Amendment No. 2 modifies the cask design to include changes to materials used in construction, changes to the types of fuel that can be loaded, changes to shielding and confinement methodologies and assumptions, revisions to various temperature limits, changes in allowable fuel enrichments, and other changes to reflect current NRC staff guidance and use of industry codes, under a general license.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Quota Specifications and General Category Effort Controls
Document Number: 05-11208
Type: Rule
Date: 2005-06-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces the final initial 2005 fishing year specifications for the Atlantic bluefin tuna (BFT) fishery to set BFT quotas for each of the established domestic fishing categories and to set General category effort controls. This action is necessary to implement recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), as required by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
Document Number: 05-11207
Type: Rule
Date: 2005-06-07
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has determined that the Atlantic bluefin tuna (BFT) General and Charter/Headboat Permit category daily retention limits should be adjusted for the 2005 fishing year, which begins on June 1, 2005 and ends May 31, 2006. The adjustment will allow maximum utilization of the General category June through August time-period subquota, and will enhance recreational BFT fishing opportunities aboard Charter/Headboat vessels in the early portion of the season. Therefore, NMFS increases the daily BFT retention limits to provide enhanced commercial General category and recreational Charter/Headboat fishing opportunities in all areas without risking overharvest of the General and Angling category quotas. The final initial 2005 BFT Specifications and General category effort controls are provided in a separate Federal Register document.
Collection of State Commodity Assessments
Document Number: 05-11199
Type: Proposed Rule
Date: 2005-06-07
Agency: Department of Agriculture, Commodity Credit Corporation
This proposed rule, if adopted, would provide that the Commodity Credit Corporation (CCC) will deduct from marketing assistance loan proceeds an amount equal to any assessment required under State or Federal law to be paid by a producer who markets the commodity, or by the first purchaser of the commodity. This discretionary action is authorized by Public Law 108-470.
Security Zones; Oahu, Maui, HI, and Kauai, HI
Document Number: 05-11168
Type: Proposed Rule
Date: 2005-06-07
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is issuing a supplement to our notice of proposed rulemaking (NPRM) published on May 20, 2004 (69 FR 29114). The NPRM underwent further Coast Guard review after its comment period that produced revisions significant enough to merit this supplement to our original proposal. This supplement is intended to announce the revisions and reopen the comment period. The Coast Guard proposes to make changes to existing permanent security zones in designated waters adjacent to the islands of Oahu, Maui, Hawaii, and Kauai, Hawaii. These revised security zones are necessary to protect personnel, vessels, and facilities from acts of sabotage or other subversive acts, accidents, or other causes of a similar nature and will extend from the surface of the water to the ocean floor. Some of the revised security zones would be continuously activated and enforced at all times, while others would be activated and enforced only during heightened threat conditions. Entry into these Coast Guard security zones while they are activated and enforced would be prohibited unless authorized by the Captain of the Port.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Allium munzii
Document Number: 05-11167
Type: Rule
Date: 2005-06-07
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), designate 176 acres (ac) (71 hectares (ha)) of Federal land as critical habitat for the Federally endangered Allium munzii (Munz's onion) pursuant to the Endangered Species Act of 1973, as amended (Act). The designated critical habitat is within the Cleveland National Forest at Elsinore Peak in western Riverside County, California.
Airworthiness Directives; Boeing Model 767-200, -300, and -300F Series Airplanes
Document Number: 05-11058
Type: Rule
Date: 2005-06-07
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 767-200, -300, and -300F series airplanes. This AD requires installing a new, improved foam seal around certain ducts in the forward cargo compartment. This AD is prompted by the detection of incorrectly installed smoke barrier seals around the electrical/ electronic equipment air supply and exhaust ducts. We are issuing this AD to prevent fire extinguishing agent from leaking out of the seals around the ducts in the forward cargo compartment in the event of an in-flight fire, which could result in failure to extinguish the fire and consequent smoke or fire extinguishing agent entering a compartment occupied by passengers or crew.
Airworthiness Directives; Bombardier Model DHC-8-400, -401, and -402 Series Airplanes
Document Number: 05-11057
Type: Rule
Date: 2005-06-07
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain Bombardier Model DHC-8-400, -401, and -402 series airplanes. This AD requires repetitive inspections to detect discrepancies of the attachment fittings of the outboard flap front spar at flap track Number 4 and Number 5 locations, and corrective actions if necessary. This AD also requires eventual replacement of the attachment fittings as terminating action for the repetitive inspections. This AD is prompted by the discovery of several airplanes that have loose flap front spar attachment fittings at flap track Number 4 and Number 5 locations. We are issuing this AD to prevent the attachment fittings from becoming detached, and consequent loss of control of the airplane.
Airworthiness Directives; BAE Systems (Operations) Limited Model BAe 146 Airplanes
Document Number: 05-11056
Type: Rule
Date: 2005-06-07
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain BAE Systems (Operations) Limited Model BAe 146 airplanes. This AD requires repetitive inspections for cracks of the fuselage pressure skin above the left and right main landing gear (MLG) bay. This AD also requires corrective action, including related investigative actions, if leaks are found. This AD is prompted by reports of cracks in the fuselage pressure skin above the left and right MLG bay. We are issuing this AD to detect and correct fatigue cracking in the fuselage pressure skin above the left and right MLG bay; such fatigue cracking could adversely affect the structural integrity of the fuselage and its ability to maintain pressure differential.
Airworthiness Directives; Boeing Model 727-200 Series Airplanes Equipped With a No. 3 Cargo Door
Document Number: 05-11055
Type: Rule
Date: 2005-06-07
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 727-200 series airplanes equipped with a No. 3 cargo door. This AD requires repetitive detailed and high frequency eddy current inspections for cracking of the forward, lower corner frame and forward end of the lower beam of the No. 3 cargo door, and corrective actions if necessary. The AD provides an optional terminating action for the repetitive inspections. This AD is prompted by reports of cracking at the forward, lower corner frame and lower beam of the No. 3 cargo door. We are issuing this AD to detect and correct cracking of the forward, lower corner frame and forward end of the lower beam of the No. 3 cargo door, which could result in failure of the affected door stops, loss of the cargo door, and consequent rapid decompression of the airplane.
Airworthiness Directives; Bombardier Model DHC-8-102, -103, -106, -201, -202, -301, -311, and -315 Airplanes
Document Number: 05-11054
Type: Rule
Date: 2005-06-07
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain Bombardier Model DHC-8-102, -103, -106, -201, -202, -301, -311 and -315 airplanes. This AD requires installation of check valves in Numbers 1 and 2 hydraulic systems, removal of the filters from the brake shuttle valves, and removal of the internal garter spring from the brake shuttle valves. This AD results from two instances of brake failure due to the loss of hydraulic fluid from both Numbers 1 and 2 hydraulic systems and one incident of brake failure due to filter blockage in the shuttle valve. We are issuing this AD to prevent the loss of hydraulic power from both hydraulic systems, which could lead to reduced controllability of the airplane, and to prevent brake failure, which could result in the loss of directional control on the ground and consequent departure from the runway during landing.
Airworthiness Directives; GROB-WERKE Model G120A Airplanes
Document Number: 05-11042
Type: Rule
Date: 2005-06-07
Agency: Federal Aviation Administration, Department of Transportation
The FAA adopts a new airworthiness directive (AD) for all GROB-WERKE (GROB) Model G120A airplanes. This AD requires you to replace the main landing gear front and rear spherical bearings with improved spherical bearings. This AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Germany. We are issuing this AD to replace front and rear main landing gear bearings that are susceptible to damage when exposed to high axial loads, which could result in failure of the landing gear bearing. This failure could lead to loss of control on landing.
Airworthiness Directives; Extra Flugzeugproduktions-und Vertriebs-GmbH Models EA-300, EA-300S, EA-300L, and EA-300/200 Airplanes
Document Number: 05-11041
Type: Rule
Date: 2005-06-07
Agency: Federal Aviation Administration, Department of Transportation
The FAA adopts a new airworthiness directive (AD) for certain Extra Flugzeugproduktions-und Vertriebs-GmbH (EXTRA) Models EA-300, EA- 300S, EA-300L, and EA-300/200 airplanes. This AD requires you to seal with firewall sealant the gaps between the bottom fuselage cover (belly fairing) and the firewall and repeat the sealing procedure whenever you install the bottom fuselage cover (belly fairing). This AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Germany. We are issuing this AD to prevent fuel from flowing behind the firewall in the case of a fuel leak. This could result in an in-flight fire, which could cause loss of the airplane and crew.
Airworthiness Directives; Precise Flight, Inc. Models SVS I and SVS IA Standby Vacuum Systems
Document Number: 05-10864
Type: Rule
Date: 2005-06-07
Agency: Federal Aviation Administration, Department of Transportation
The FAA adopts a new airworthiness directive (AD) for all airplanes equipped with Precise Flight, Inc. (Precise Flight) Models SVS I and SVS IA standby vacuum systems (SVS) installed under certain supplemental type certificates or through field approval. This AD requires you to replace the airplane flight manual supplement (AFMS) in the airplane flight manual with the appropriate revision and install placards as defined in the AFMS, upgrade the Model SVS I or SVS IA SVS to the Model VI SVS, and add the instructions for continued airworthiness (ICA) to the maintenance schedule for the aircraft. This AD results from several reports of failed shuttle control valves of the standby vacuum system (SVS) and one report of an airplane crash with a fatality in which improper use of the SVS was a factor. We are issuing this AD to correct problems with the SVS before failure or malfunction during instrument flight rules (IFR) flight that can lead to pilot disorientation and loss of control of the aircraft.
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