June 8, 2005 – Federal Register Recent Federal Regulation Documents

The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Pelican Island Causeway Bascule Span Bridge across Galveston Channel, mile 4.5, Gulf Intracoastal Waterway, mile 356.1, at Galveston, Texas.

These special conditions are issued for the Gulfstream Model LP 1125 Westwind Astra airplane modified by Duncan Aviation, Inc. This airplane will have novel and unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for the protection of these systems from the effects of high-intensity radiated fields (HIRF). These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that provided by the existing airworthiness standards.

This final rule notice announces Office of Management and Budget (OMB) approval of information collection request (ICR) OMB No. 2137-0620, ``Inspection and Testing of Meter Provers.'' This information collection has been approved by OMB until May 31, 2008. This notice also makes appropriate revisions to regulations concerning the Paperwork Reduction Act to incorporate this new information collection approval under OMB Control No. 2137-0620.

The Coast Guard proposes to change the regulations that govern the operation of the Berkley Bridge across the Eastern Branch of the Elizabeth River, mile 0.4, in Norfolk, Virginia. The proposal would extend the morning and evening rush hour closure periods so that the morning rush hour period starts at 5 a.m. and ends at 9 a.m., and the evening rush hour starts at 3 p.m. and ends at 7 p.m., Monday through Friday, except Federal holidays. The proposed change would relieve vehicular traffic congestion during the weekday rush hours while still providing for the reasonable needs of navigation.

The National Marine Fisheries Service (NMFS) is announcing its intent to hold public hearings in Massachusetts and New Jersey to inform interested parties of the proposed gear modification for the mid-Atlantic sea scallop dredge fishery and to accept public comments on this action.

NMFS issues this final rule to implement Amendment 23 to the Fishery Management Plan (FMP) for the Reef Fish Resources of the Gulf of Mexico (Amendment 23) prepared by the Gulf of Mexico Fishery Management Council (Council). This final rule increases the minimum size limit for vermilion snapper to 11 inches (28 cm), total length (TL), for the recreational and commercial sectors; establishes a 10- fish recreational bag limit for vermilion snapper within the existing 20-fish aggregate reef fish bag limit; and closes the commercial vermilion snapper fishery from April 22 through May 31 each year. In addition, consistent with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), Amendment 23 establishes a stock rebuilding plan, biological reference points, and stock status determination criteria for vermilion snapper in the Gulf of Mexico. The intended effect of this final rule is to end overfishing and rebuild the vermilion snapper resource.

EPA is proposing to approve a request from the State of West Virginia to redesignate the New Manchester-Grant Magisterial District in Hancock County from nonattainment to attainment of the national ambient air quality standards (NAAQS) for sulfur dioxide (SO2). EPA is also proposing to approve a maintenance plan for the area as a SIP revision which would put in place a plan for maintaining the NAAQS for SO2 for the next ten years. In the Final Rules section of this Federal Register, EPA is approving the State's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A more detailed description of the state submittal and EPA's evaluation are included in a Technical Support Document (TSD) prepared in support of this rulemaking action. A copy of the TSD is available, upon request, from the EPA Regional Office listed in the ADDRESSES section of this document. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.

The EPA is proposing to extend the deferral of the effective date of air quality designations for certain areas of the country that have entered into Early Action Compacts. Early Action Compact areas have agreed to reduce ground-level ozone pollution earlier than the Clean Air Act (CAA) requires. On April 30, 2004, EPA published a notice designating all areas of the country for the 8-hour ozone National Ambient Air Quality Standards (NAAQS). In the designation rule, EPA deferred the effective date of the nonattainment designation for 14 areas that had entered into Early Action Compacts. The current effective date is September 30, 2005. The EPA is now proposing to extend the deferral of the effective date for all 14 Early Action compact areas until December 31, 2006.

The Audio Division, at the request of McCook Radio Group, LLC, licensee of Station KRKU(FM), Channel 253C1, McCook, Nebraska, and Custer County Broadcasting, Inc., licensee of Station KBBN-FM, Broken Bow, Nebraska, deletes Channel 253C1 at McCook from the FM Table of Allotments, allots Channel 253C1 at Maxwell, Nebraska, as the community's first local FM service, and modifies the license of Station KRKU(FM) to specify operation on Channel 253C1 at Maxwell. Channel 253C1 can be allotted to Maxwell, Nebraska, in compliance with the Commission's minimum distance separation requirements at center city reference coordinates without site restriction. The coordinates for Channel 253C1 at Maxwell, Nebraska, are 41-04-44 North Latitude and 100-31-28 West Longitude. Also at the request of the joint petitioners, the Audio Division deletes Channel 252C3 at Broken Bow from the FM Table of Allotments, allots Channel 237C2 at Broken Bow, Nebraska, and modifies the license of Station KBBN-FM to specify operation on Channel 237C2 at Broken Bow. Channel 237C2 can be allotted to Broken Bow, Nebraska, in compliance with the Commission's minimum distance separation requirements at the existing reference coordinates for Station KBBN-FM, with a site restriction of 1.9 km (1.2 miles) east of Broken Bow. The coordinates for Channel 237C2 at Broken Bow, Nebraska, are 41-23-49 North Latitude and 99-37-02 West Longitude.

This action amends Class E airspace at Newburgh, NY. The development of multiple area navigation (RNAV) Standard Instrument Approach Procedures (SIAP) for numerous airports within the Newburgh, NY geographical area with approved Instrument Flight Rules (IFR) operations and the resulting overlap of designated Class E-5 airspace have made this action necessary. This action consolidates the Class E-5 airspace designations for ten airports and results in the rescission of four Class E-5 descriptions through separate rulemaking action. The area will be depicted on aeronautical charts for pilot reference.

This proposal would revise the Class E airspace at Wenatchee, WA. This additional Class E airspace is necessary to accommodate the new Standard Instrument Landing System (ILS) Approach Procedure (SIAP) at Wenatchee/Pangborn Memorial Airport. This change is proposed to improve the safety of IFR aircraft executing the new Standard ILS SIAP at Wenatchee/Pangborn Memorial Airport, Wenatchee, WA.

This notice proposes to establish a Class E airspace area at Marana Positioning System (GPS) Instrument Approach Procedure (IAP) RNAV (GPS) to Runway 3, 21, 12, and 31 IAP and a Nondirectional Radio Beacon (NDB) IAP to RWY 12 and 30 at Marana Northwest Regional Airport, Tucson, AZ has made this proposal necessary. Additional controlled airspace extending upward from 700 feet or more above the surface of the earth is needed to contain aircraft executing the RNAV (GPS) RWY 3, 21, 21, and 30 and a NDB IAP RWY 12 and 30 at Marana Northwest Airport. The intended effect of this proposal is to provide adequate controlled airspace for Instrument Flight Rules (IFR) operations at Marana Northwest Regional Airport, Tucson, AZ.

These special conditions are issued for the Boeing Model 747SP airplane. This airplane, as modified by L-3 Communications/Integrated Systems, of Waco, Texas, will have novel and unusual design features associated with cryogenic systems using liquid nitrogen and liquid helium. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These 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 permanently amending the Portland Rose Festival on Willamette River security zone. This regulation is enforced annually during the Portland, Oregon Rose Festival on the waters of the Willamette River between the Hawthorne and Steel Bridges. The current regulation does not accurately describe the enforcement period. The change clarifies the annual enforcement period for this regulation. This change will better inform the boating public and improve the level of safety at this event. Entry into the area established is prohibited unless authorized by the Captain of the Port.

The Coast Guard announces the availability of a Navigation and Vessel Inspection Circular (NVIC), providing voluntary guidelines in connection with the regulation of deepwater oil and natural gas ports pursuant to the Deepwater Port Act of 1974, as amended. The NVIC guidelines relate to the design, plan review, fabrication, installation, inspection, maintenance, and oversight of these deepwater ports. Compliance with the NVIC is voluntary and no new legal requirements are imposed.

This rule proposes to establish certain planning and performance standards for utilization of grant funds allocated to Empowerment Zones, including for benefit levels and economic- development activities. The standards are designed to ensure that the activities undertaken by Empowerment Zones with Federal grants are consistent with the Empowerment Zone's strategic plan.

The Audio Division denies Petitions for Rule Making filed separately by Northwest Community Radio Project, Dallas, Oregon Seventh-day Adventist Church, Radio Bilingue, Inc. and Lifetime Ministries, Inc. proposing the reservation of vacant Channel 252C3 at Dallas, Oregon for noncommercial educational. The proposals were denied because the reservation of vacant Channel 252C3 at Dallas, Oregon would not provide a first/second noncommercial educational service to at least ten percent of the total population within the proposed 60 dBu contour. See 69 FR 26353, May 12, 2004.

On April 14, 2005 EPA published a direct final rule (71 FR 19702) approving revisions to the New Mexico State Implementation Plan (SIP) concerning the second ten-year carbon monoxide (CO) maintenance plan for the Albuquerque/Bernalillo County, New Mexico area. The revision was based on a request from the State submitted to EPA on September 7, 2004. In the proposed rules section of the April 14, 2005 Federal Register (71 FR 19723), we stated that written comment must be received by May 16, 2005. We received written adverse comments during the public comment period on our April 14, 2005 rulemaking action. The EPA is withdrawing this final rule due to the adverse comments received on this rulemaking action. In a subsequent final rule, we will summarize and respond to written comments received and take final rulemaking action on this requested New Mexico SIP revision.

The Environmental Protection Agency (EPA) Region 6 is publishing a direct final notice of deletion of the Delatte Metals Superfund Site (Site), located in Ponchatoula, Tangipahoa Parish, Louisiana, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is appendix B of 40 CFR part 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final notice of deletion is being published by EPA with the concurrence of the State of Louisiana, through the Louisiana Department of Environmental Quality (LDEQ), because EPA has determined that all appropriate response actions under CERCLA have been completed and, therefore, further remedial action pursuant to CERCLA is not appropriate.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed to convert the interim rule published in the Federal Register at 69 FR 34226, June 18, 2004, to a final rule with changes to amend the Federal Acquisition Regulation (FAR) to implement Sections 1431 and 1433 of the National Defense Authorization Act for Fiscal Year 2004 (Pub. L. 108-136). Section 1431 enacts Governmentwide authority to treat performance-based contracts or task orders for services as commercial items if certain conditions are met, and requires agencies to report on performance- based contracts or task orders awarded using this authority. Section 1433 amends the definition of commercial item to add specific performance-based terminology and to conform to the language added by Section 1431.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to remove some of the exceptions to the applicability of the Small Disadvantaged Business (SDB) and HUBZone price evaluation factor.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) by revising the cost principles for Deferred compensation other than pensions, and Postretirement benefits other than pensions. The related contract clause, Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions, is also revised. The rule revises the cost principle and contract clause by improving clarity and structure, and removing unnecessary and duplicative language. The revisions are intended to revise contract cost principles and procedures, in light of the evolution of Generally Accepted Accounting Principles (GAAP), the advent of Acquisition Reform, and experience gained from implementation of the cost principles in the FAR.

This document is issued under the joint authority of the Secretary of Defense, the Administrator of General Services and the Administrator for the National Aeronautics and Space Administration. This Small Entity Compliance Guide has been prepared in accordance with Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of rules appearing in Federal Acquisition Circular (FAC) 2005-04 which amend the FAR. An asterisk (*) next to a rule indicates that a regulatory flexibility analysis has been prepared. Interested parties may obtain further information regarding these rules by referring to FAC 2005-04 which precedes this document. These documents are also available via the Internet at http:/ /www.acqnet.gov/far.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed to convert the interim rule amending the Federal Acquisition Regulation (FAR) published in the Federal Register at 69 FR 76352, December 20, 2004, to a final rule without change. This rule implemented Executive Order (E.O.) 13201, Notification of Employee Rights Concerning Payment of Union Dues or Fees. The rule requires Government contractors and subcontractors to post notices, in all plants and offices, whether or not used in performing work that supports a Federal contract, informing their employees that under Federal law they cannot be required to join a union or maintain membership in a union to retain their jobs. The required notices also advise employees who are not union members that they can object to the use of their union dues for certain purposes.

In this document, the Commission invites comment on an off- axis equivalent isotropically radiated power (EIRP) method for reviewing earth station applications in the fixed satellite service (FSS). The intended purpose of this proceeding is to expedite the earth station license procedure.