June 29, 2005 – Federal Register Recent Federal Regulation Documents
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National Instructional Materials Accessibility Standard
The Secretary of Education proposes to establish the National Instructional Materials Accessibility Standard (NIMAS or standard) as required under sections 612(a)(23)(A) and 674(e)(4) of the Individuals with Disabilities Education Act, as amended by the Individuals with Disabilities Education Improvement Act of 2004 (Act). The purpose of the NIMAS is to help increase the availability and timely delivery of print instructional materials in accessible formats to blind or other persons with print disabilities in elementary schools and secondary schools.
Airworthiness Directives; Boeing Model 747 and 767 Airplanes
The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 747 and 767 airplanes. This proposed AD would require reworking the electrical bonding between the airplane structure and the pump housing of the outboard boost pumps in the main fuel tank of certain Boeing Model 747 airplanes, and between the airplane structure and the pump housing of the override/jettison pumps in the left and right wing center auxiliary fuel tanks of certain Boeing Model 767 airplanes. This proposed AD would also require related investigative actions and corrective actions if necessary. This proposed AD is prompted by the results of fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent insufficient electrical bonding, which could result in a potential of ignition sources inside the fuel tanks, and which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.
Airworthiness Directives; Airbus Model A330 and A340 Series Airplanes
The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus Model A330 and A340 series airplanes. This proposed AD would require repetitive borescope inspections of the left and right fuel tanks of the trimmable horizontal stabilizers (trim tanks) for detached or damaged float valves; related investigative/corrective actions if necessary; and the eventual replacement of all float valves in the left and right trim tanks with new, improved float valves, which terminates the need for the repetitive inspections. This proposed AD would also require repetitive replacement of certain new, improved float valves. This proposed AD is prompted by reports of detached and damaged float valves in the trim tanks. We are proposing this AD to prevent, in the event of a lightning strike to the horizontal stabilizer, sparking of metal parts and debris from detached and damaged float valves, or a buildup of static electricity, which could result in ignition of fuel vapors and consequent fire or explosion.
Airworthiness Directives; Fokker Model F27 Mark 200, 400, 500, and 600 Airplanes
The FAA proposes to adopt a new airworthiness directive (AD) for certain Fokker Model F27 Mark 200, 400, 500, and 600 airplanes. This proposed AD would require a general visual inspection of the rotary knobs for the fuel tank isolation valves to determine if the seal wire has been installed correctly and corrective actions if necessary. This proposed AD is prompted by investigation of a recent accident, which found that the rotary knobs controlling the fuel tank isolating valves had been in the shut position. We are proposing this AD to ensure that the rotary knobs are not inadvertently moved to the shut position, which could result in fuel starvation to both engines and consequent inability to maintain controlled flight and landing.
E911 Requirements for IP-Enabled Services
In this document, the Federal Communications Commission (Commission) adopts rules requiring providers of interconnected voice over Internet Protocol (VoIP) servicemeaning VoIP service that allows a user generally to receive calls originating from and to terminate calls to the public switched telephone network (PSTN)to supply enhanced 911 (E911) capabilities to all of their customers as a standard feature of the service, rather than as an optional enhancement. The rules further require interconnected VoIP service providers to provide E911 from wherever the customer is using the service, whether at home or away from home. These changes will enhance public safety and ensure E911 access to emergency services for users of interconnected VoIP services.
E911 Requirements for IP-Enabled Service Providers
The Federal Communications Commission (Commission) proposes to amend its rules that require providers of interconnected VoIP (VoIP) servicesmeaning VoIP service that allows a user generally to receive calls originating from and to terminate calls to the public switched telephone network (PSTN)to provide enhanced 911 (E911) capabilities to their customers as a standard feature of service. The Commission initiates this rulemaking to determine what additional steps it should take to ensure that providers of VoIP services that interconnect with the nation's PSTN provide ubiquitous and reliable E911 service. These changes will enhance public safety and ensure E911 access to emergency services for users of interconnected VoIP services.
OMB Control Numbers Under the Paperwork Reduction Act
This technical amendment updates the listing of Office of Management and Budget (OMB) control numbers for MSHA's standards and regulations. We are prohibited from conducting a collection of information unless we display a currently valid OMB control number. This consolidated listing assists the public in searching for current MSHA standards and regulations that include information collection, recordkeeping, and reporting requirements approved by OMB under the Paperwork Reduction Act of 1995.
United States Standards for Milled Rice; Correction
This document contains corrections to the final regulations 7 CFR part 868, which were published in the Federal Register of September 30, 2002. The regulations related to changes to the U.S. Standards for Milled Rice which established a new level of milling degree, ``hard milled'', to the existing milling requirements and eliminated reference to ``lightly milled'' from the milling requirements of U.S. Standards for Milled Rice.
Mexican Fruit Fly; Interstate Movement of Regulated Articles
We are amending the Mexican fruit fly regulations by removing a provision that allows regulated articles to be moved interstate from a regulated area without a certificate or limited permit if they are moved into States other than commercial citrus-producing States. Additionally, we are amending the regulations to remove references to quarantined States and to refer to regulated areas as quarantined areas. We are also making other changes to the regulations, including clarifying that an entity requiring the services of an inspector is responsible for the costs of services performed outside of normal business hours. These actions are necessary to prevent the interstate spread of Mexican fruit fly and make the Mexican fruit fly regulations more consistent with our other domestic fruit fly regulations.
Underground Coal Mine Ventilation-Safety Standards for the Use of a Belt Entry as an Intake Air Course To Ventilate Working Sections and Areas Where Mechanized Mining Equipment Is Being Installed or Removed
On April 2, 2004, the Mine Safety and Health Administration published a final rule revising underground coal mine ventilation standards to allow the use of air traveling in the belt entry to ventilate working sections or areas where mechanized mining equipment is being installed or removed. The International Union, United Mine Workers of America and Jim Walter Resources, Inc. challenged the rule. On May 24, 2005, the U.S. Court of Appeals for the District of Columbia Circuit issued an opinion denying the Union's petition for review and granting the petition of Jim Walter Resources, Inc. Jim Walter Resources, Inc.'s petition challenged the Secretary of Labor's promulgation of 30 Code of Federal Regulations section 75.350(a)(2), which, under certain circumstances, set a velocity cap of 500 feet per minute in the belt entry of underground coal mines. This document provides notice of, and effectuates, the Court's opinion to vacate paragraph (a)(2) of section 75.350 and remand the matter to the Secretary of Labor.
Sale and Disposal of National Forest System Timber; Timber Sale Contracts; Indices To Determine Market-Related Contract Term Additions
This interim final rule amends the current regulation by requiring the use of three alternative Producer Price Indices (PPI) from the Bureau of Labor Statistics in lieu of the four PPI that the Forest Service has monitored for use in timber sale contract market- related contract term additions. After December 2003, the Bureau of Labor Statistics discontinued providing three of the four PPI that the Forest Service has monitored and changed the reference number for the fourth PPI. The Forest Service is issuing an interim final rule implementing the use of the three alternative PPI, prior to publishing a final rule. By using the three alternative PPI, the Forest Service will be able to continue providing market-related contract term additions during drastic reductions in wood products market prices.
Election Out of GST Deemed Allocations
This document contains final regulations providing guidance for making the election under section 2632(c)(5)(A)(i) of the Internal Revenue Code to not have the deemed allocation of unused generation- skipping transfer (GST) tax exemption under section 2632(c)(1) apply with regard to certain transfers to a GST trust, as defined in section 2632(c)(3)(B). The final regulations also provide guidance for making the election under section 2632(c)(5)(A)(ii) to treat a trust as a GST trust. The regulations primarily affect individuals.
Assumption of Partner Liabilities; Correction
This document corrects final regulation (TD 9207) that were published in the Federal Register on Thursday, May 26, 2005 (70 FR 30334). The final regulation relates to the definition of liabilities under section 752 of the Internal Revenue Code.
Approval and Promulgation of State Implementation Plans: Washington; Spokane Carbon Monoxide Nonattainment Area; Designation of Areas for Air Quality Planning Purposes
On November 29, 2004, the State of Washington submitted a carbon monoxide (CO) maintenance plan for the Spokane serious nonattainment area to EPA for approval. The State concurrently requested that EPA redesignate the Spokane CO serious nonattainment area to attainment for the National Ambient Air Quality Standard (NAAQS) for CO. In this action, EPA is approving the maintenance plan and redesignating the Spokane serious CO nonattainment area to attainment.
Approval and Promulgation of State Implementation Plans: Washington; Spokane Carbon Monoxide Nonattainment Area; Designation of Areas for Air Quality Planning Purposes
On November 29, 2004, the State of Washington submitted a carbon monoxide (CO) maintenance plan for the Spokane CO nonattainment area to EPA for approval. The State concurrently requested that EPA redesignate the Spokane CO nonattainment area to attainment for the National Ambient Air Quality Standard (NAAQS) for CO. In this action, EPA is proposing approval of the maintenance plan and redesignation of the Spokane CO nonattainment area to attainment.
Food Additives Permitted for Direct Addition to Food for Human Consumption; Vitamin D3
The Food and Drug Administration (FDA) is amending the food additive regulations to provide for the safe use of vitamin D3 as a nutrient supplement in meal replacement bars, other- type bars, and soy-protein based meal replacement beverages represented for special dietary use in reducing or maintaining body weight. This action is in response to a petition filed by Unilever United States, Inc. (Unilever).
Radio Broadcasting Services; Blythe, CA; Celoron, NY; Crystal Falls, MI; Laona, WI; and Wells, TX
The Audio Division, at the request of Results Broadcasting of Iron Mountain, Inc., allots Channel 280C2 at Crystal Falls, Michigan, as the community's third local FM service. Channel 280C2 can be allotted to Crystal Falls, Michigan, in compliance with the Commission's minimum distance separation requirements with a site restriction of 24.3 km (15.1 miles) southwest of Crystal Falls. The coordinates for Channel 280C2 at Crystal Falls, Michigan, are 45-57-22 North Latitude and 88-33-46 West Longitude. Concurrence in the allotment is required because the proposed allotment is located within 320 kilometers (199 miles) of the U.S.-Canadian border. Although Canadian concurrence has been requested, notification has not been received. If a construction permit for Channel 280C2 at Crystal Fall, Michigan, is granted prior to receipt of formal concurrence by the Canadian government, the authorization will include the following condition: ``Operation with the facilities specified herein for Crystal Falls, Michigan, is subject to the modification, suspension, or termination without right to hearing, if found by the Commission to be necessary in order to conform to the Canada-United States FM Broadcast Agreement, or if specifically objected to by Industry Canada.'' See SUPPLEMENTARY INFORMATION infra.
Radio Broadcasting Services; Ammon and Dubois, ID
This document allots Channel 286A at Dubois Idaho at the request of Laramie Mountain Broadcasting, LLC, counterproponant filing in response to a Notice of Proposed Rule Making issued at the request of withdrawn petitioner Justin Robinson. 69 FR 75016 (December 15, 2004). Laramie originally requested the allotment of Channel 283A at Dubois, Idaho and amended to Channel 286A. Channel 286A is allotted at Dubois without a site restriction at coordinates 44-10-34 NL and 112- 13-48 WL. A second counterproposal, dismissed as defective, was filed by Millcreek Broadcasting, LLC, licensee of Stations KNJQ(FM), Manti, Utah, KUUU(FM), South Jordan, Utah and KUDD(FM), Roy, Utah; Simmons SLC-LS, LLC, licensee of Stations KDWY(FM), Diamondville, Wyoming, KAOX(FM), Kemmerer, Wyoming and KRAR(FM), Brigham City, Utah; Rocky Mountain Radio Network, Inc., licensee of Station KRMF(FM) Evanston, Wyoming; 3 Point MediaCoalville, LLC, licensee of Station KCUA(FM), Naples, Utah; and College Creek Broadcasting, LLC successful bidder and applicant for four vacant auction allotments.
Radio Broadcasting Services; Cheyenne and Encampment, WY
In response to a Notice of Proposed Rule Making (``Notice''), 69 FR 65120 (November 10, 2004), this Report and Order dismisses a rulemaking proceeding requesting the allotment of Channel 285C2 to Encampment, Wyoming, the substitution of Channel 229C2 for Channel 285C2 at Station KRRR (FM), Cheyenne, Wyoming, and the substitution of Channel 285C2 for vacant Channel 229A at Cheyenne, Wyoming. The proponent of this rulemaking requested that the proceeding be dismissed and provided a declaration that neither it nor any of its principals has received or will receive any consideration in connection with the withdrawal of its expression of interest in this proceeding.
Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991
In this document, the Commission seeks comment on a petition for declaratory ruling filed by a coalition of 33 organizations, including trade associations, individual companies, and non-profit entities engaged in interstate telemarketing activities (``Joint Petitioners''), raising issues concerning the scope of the Commission's jurisdiction over interstate telemarketing calls under the Telephone Consumer Protection Act (``TCPA''). In particular, Joint Petitioners ask the Commission to issue a ruling declaring the Commission's exclusive regulatory jurisdiction over interstate telemarketing calls and barring state regulation of such calls.
Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991
In this document, the Commission reopens the public comment period for six declaratory ruling petitions that seek Commission preemption under the Telephone Consumer Protection Act (``TCPA'') of the application of particular state laws to interstate telemarketing calls.
Regulation NMS
The Securities and Exchange Commission (``Commission'') is adopting rules under Regulation NMS and two amendments to the joint industry plans for disseminating market information. In addition to redesignating the national market system rules previously adopted under Section 11A of the Securities Exchange Act of 1934 (``Exchange Act''), Regulation NMS includes new substantive rules that are designed to modernize and strengthen the regulatory structure of the U.S. equity markets. First, the ``Order Protection Rule'' requires trading centers to establish, maintain, and enforce written policies and procedures reasonably designed to prevent the execution of trades at prices inferior to protected quotations displayed by other trading centers, subject to an applicable exception. To be protected, a quotation must be immediately and automatically accessible. Second, the ``Access Rule'' requires fair and non-discriminatory access to quotations, establishes a limit on access fees to harmonize the pricing of quotations across different trading centers, and requires each national securities exchange and national securities association to adopt, maintain, and enforce written rules that prohibit their members from engaging in a pattern or practice of displaying quotations that lock or cross automated quotations. Third, the ``Sub-Penny Rule'' prohibits market participants from accepting, ranking, or displaying orders, quotations, or indications of interest in a pricing increment smaller than a penny, except for orders, quotations, or indications of interest that are priced at less than $1.00 per share. Finally, the Commission is adopting amendments to the ``Market Data Rules'' that update the requirements for consolidating, distributing, and displaying market information, as well as amendments to the joint industry plans for disseminating market information that modify the formulas for allocating plan revenues (``Allocation Amendment'') and broaden participation in plan governance (``Governance Amendment'').
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