June 2005 – Federal Register Recent Federal Regulation Documents

The Coast Guard is establishing a temporary safety zone around a fireworks barge as it launches fireworks. The rule prohibits entry into the security zone without the permission of the Captain of the Port Jacksonville or his designated representative. The rule is needed to protect participants, vendors, and spectators from the hazards associated with the launching of fireworks.

The Coast Guard proposes establishing permanent special local regulations for the Strait Thunder Race held on the waters of Port Angeles Harbor, Port Angeles, Washington. These special local regulations limit the movement of non-participating vessels in the regulated race area and provide for a viewing area for spectator craft. This proposed rule is needed to provide for the safety of life on navigable waters during the event.

This document revises an earlier proposed airworthiness directive (AD), applicable to certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes, that would have required performing repetitive inspections of the electrical harnesses of the spoiler and the brake pressure sensor unit on both sides of the wing root to detect any chafing or wire damage, and repairing or replacing any damaged or chafed harness or wire with a new harness, as applicable. This new action revises the proposed rule by expanding the applicability to include additional airplanes, deleting the repetitive inspections, and by adding a terminating modification for the one-time inspection. The actions specified by this new proposed AD are intended to detect and correct chafing of the electrical cables of the spoiler and brake pressure sensor unit on both sides of the wing root, which could result in loss of flight control system and consequent reduced controllability of the airplane. This action is intended to address the identified unsafe condition.

The Federal Energy Regulatory Commission (Commission) is proposing to amend its regulations to update the accounting requirements for public utilities and licensees, including independent system operators and regional transmission organizations (collectively referred to as RTOs). The Commission is also proposing to amend its financial reporting requirements for the quarterly and annual financial reporting forms for these entities. These updates to the Commission's Uniform System of Accounts (USofA) and the financial reporting requirements are being proposed to accommodate the evolving electric industry due to the availability of open-access transmission service and the increasing competition in wholesale bulk power markets. These proposed updates to the Commission's accounting and reporting requirements will allow the Commission and the public to be better informed with respect to transactions and events affecting public utilities, including RTOs, subject to the Commission's accounting and reporting regulations. As a result of improved transparency of financial information, the Commission and the public will also be better able to understand the costs of RTOs.

This rule decreases the assessment rate established for the Washington Apricot Marketing Committee (Committee) for the 2005-2006 and subsequent fiscal periods from $2.50 per ton to $1.00 per ton of fresh apricots handled. The Committee locally administers the marketing order which regulates the handling of apricots grown in designated counties in Washington. Authorization to assess apricot handlers enables the Committee to incur expenses that are reasonable and necessary to administer the program. The fiscal period begins April 1 and ends March 31. The assessment rate will remain in effect indefinitely unless modified, suspended or terminated.

This document proposes to adopt as a final rule, order language contained in the interim final rule published in the Federal Register on March 1, 2005, concerning pooling provisions of the Arizona-Las Vegas Federal milk order. This document also sets forth the final decision of the Department and is subject to approval by producers. Specifically, the final decision adopts an amendment that would continue to amend the Producer milk provision which will eliminate the ability to simultaneously pool the same milk on the Arizona-Las Vegas milk order and any State-operated milk order that has marketwide pooling. Other proposals considered at the hearing regarding producer-handlers were addressed in a separate partial recommended decision issued on April 7, 2005.

Due to adverse comments, EPA is withdrawing the direct final rule to approve clarifications to the exception provisions of the Maryland visible emissions regulations. In the direct final rule published on April 26, 2005 (70 FR 21337), we stated that if we received adverse comment by May 26, 2005, the rule would be withdrawn and not take effect. EPA subsequently received two adverse comments. EPA will address the comments received in a subsequent final action based upon the proposed action also published on April 26, 2005 (70 FR 21387). EPA will not institute a second comment period on this action.

The FAA is superseding an existing airworthiness directive (AD), which applies to certain SAFT America Inc. part number (P/N) 021929-000 (McDonnell Douglas P/N 43B034LB02) and P/N 021904-000 (McDonnell Douglas P/N 43B034LB03) nickel cadmium batteries. That AD currently requires replacing all battery terminal screws, verifying that the battery contains design specification cells, and replacing the cells if the battery contains non-design specification cells. This new AD requires an inspection for certain nickel cadmium batteries and, if necessary, replacing battery terminal screws with new hex head bolts and adding shims. This AD is prompted by a report of battery screws shearing off while under normal torque loads. We are issuing this AD to prevent internal shorting, arcing, and loss of emergency battery power due to failed battery screws, which could result in loss of emergency power to electrical flight components or other emergency power systems required in the event of loss of the aircraft primary power source.

This amendment adopts a new airworthiness directive (AD), applicable to certain Boeing Model 777-200 and -300 series airplanes. This AD requires a one-time inspection of the clevis end of the vertical tie rods that support the center stowage bins to measure the exposed thread, installation of placards that advise of weight limits for certain electrical racks, a one-time inspection and records check to determine the amount of weight currently installed in those electrical racks, corrective actions, and replacement of the vertical tie rods for the center stowage bins or electrical racks with new improved tie rods, as applicable. The actions specified by this AD are intended to prevent failure of the vertical tie rods supporting certain electrical racks and the center stowage bins, which could cause the center stowage bins or electrical racks to fall onto passenger seats below during an emergency landing, impeding an emergency evacuation or injuring passengers. This action is intended to address the identified unsafe condition.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus Model A300 B2 and B4 series airplanes. This AD requires modifying the wiring of the autopilot pitch torque limiter switch. This AD is prompted by several reports of pitch trim disconnect caused by insufficient length in the wiring to the pitch torque limiter lever. We are issuing this AD to prevent possible trim loss when the flightcrew tries to override the autopilot pitch control, which could result in uncontrolled flight of the airplane.

This amendment adopts a new airworthiness directive (AD), applicable to all Boeing Model 737-100, -200, and -200C series airplanes, that requires repetitive inspections to detect discrepancies of certain fuselage skin panels located just aft of the wheel well, and repair if necessary. The actions specified by this AD are intended to detect and correct fatigue cracking of the skin panels, which could cause rapid decompression of the airplane. This action is intended to address the identified unsafe condition.

NMFS announces changes to the regulations for the Area 2A sport halibut fisheries off the central coast of Oregon. This action would clarify the halibut regulations for the central Oregon coast sport fishery sub-area to specify that halibut may be onboard recreational fishing vessels trolling for salmon within the Oregon yelloweye rockfish conservation area (YRCA). The purpose of this action is to allow recreational salmon vessels to retain halibut caught legally outside of the YRCA while those vessels are legally fishing for salmon within the YRCA.

EPA is proposing to approve a revision to the Allegheny County portion of the Commonwealth of Pennsylvania State Implementation Plan (SIP). This revision, submitted by the Pennsylvania Department of Environmental Protection (PADEP) on behalf of the Allegheny County Health Department (ACHD), establishes standards and requirements to control volatile organic compounds (VOCs) emissions from aerospace, mobile equipment, and wood furniture surface coating applications, and modifies existing regulations for general and specific coating processes. This revision updates the ACHD's regulations to make them consistent with the Commonwealth's SIP-approved regulations regarding the affected surface coating processes. 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 Environmental Protection Agency (EPA, also ``the Agency'' or ``we'' in this preamble) is proposing to modify an exclusion (or ``delisting'') from the lists of hazardous waste previously granted to Nissan North America, Inc. (Nissan) in Smyrna, Tennessee. This action responds to a petition for amendment submitted by Nissan to increase the maximum annual volume covered by its current exclusion for a F019 listed hazardous waste. The Agency is basing its tentative decision to grant the petition for amendment on an evaluation of specific information provided by the petitioner. This tentative decision, if finalized, would increase the annual volume of waste conditionally excluded from the requirements of the hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA).

We are taking final action to amend the national emission standards for hazardous air pollutants (NESHAP) for Cellulose Products Manufacturing. This amendment will correct the date in the definition of a process change that was included in the final rule. Without this amendment, the earliest date on which changes could qualify as process changes for compliance purposes would be January 1992. With this action, process changes implemented in January 1991 and later can qualify as process changes for compliance purposes. This action corrects an error by the Agency and makes the regulatory language consistent with the technical background work that was performed during the development of the standards. Thus, it is proper to issue this final rule correction without notice and comment.

This action establishes Class E airspace at Kaltag, AK to provide adequate controlled airspace to contain aircraft executing two new Standard Instrument Approach Procedures (SIAPs) and two new departure procedures. This rule results in new Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at Kaltag, AK.

This action establishes Class E airspace at Coldfoot, AK to provide adequate controlled airspace to contain aircraft executing two new Standard Instrument Approach Procedures (SIAPs) and a new departure procedure. This rule results in new Class E airspace upward from 700 feet (ft.) above the surface at Coldfoot, AK.

This action establishes Class E airspace at Bob Baker Memorial Airport, Kiana, AK, to provide adequate controlled airspace to contain aircraft executing two new Standard Instrument Approach Procedures (SIAPs) and a departure procedure. This rule results in new Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at Bob Baker Memorial Airport, Kiana, AK.

This action proposes to revise the Class E airspace at Yakutat, AK. Three new Standard Instrument Approach Procedures (SIAPs) are being published for Yakutat, AK. Additional Class E airspace is needed to contain aircraft executing instrument approaches at Yakutat Airport. Adoption of this proposal would result in additional Class E airspace upward from 1,200 feet (ft.) above the surface at Yakutat, AK.

This action proposes to revise the Class E airspace at Prospect Creek, AK. An airspace evaluation has concluded that additional airspace is required to fully contain aircraft executing Special Instrument Approaches Procedures at Prospect Creek Airport. Adoption of this proposal would result in the revision of Class E airspace upward from 700 feet (ft.) above the surface at Prospect Creek, AK.

The U.S. Fish and Wildlife Service (hereinafter, Service or we) proposed in an earlier document to establish annual hunting regulations for certain migratory game birds for the 2005-06 hunting season. This supplement to the proposed rule provides the regulatory schedule; announces the Service Migratory Bird Regulations Committee and Flyway Council meetings; provides Flyway Council recommendations resulting from their March meetings; and provides regulatory alternatives for the 2005-06 duck hunting seasons.

This document corrects technical errors that appeared in the interim final rule with comment period published in the Federal Register on May 4, 2005 entitled ``Medicare Program; Update of Ambulatory Surgical Center List of Covered Procedures.''

This document proposes a correction to the final regulations, which were published in the Federal Register on October 26, 1999 (64 FR 57740). These regulations established a national health care fraud and abuse data collection program for the reporting and disclosing of certain adverse actions taken against health care providers, suppliers and practitioners, and for maintaining a data base of final adverse actions taken against health care providers, suppliers and practitioners. An inadvertent error appeared in the text of the regulations concerning the definition of the term ``any other negative action or finding.'' As a result, we are proposing to correct 45 CFR 61.3, Definitions, to assure the technical correctness of these regulations.

This regulation establishes a time-limited tolerance for combined residues of trifloxystrobin in or on soybean, forage; soybean, hay; and soybean, seed. This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on soybeans. This regulation establishes a maximum permissible level for residues of trifloxystrobin in this food commodity. The tolerances will expire and are revoked on December 31, 2009.

This amendment adopts a new airworthiness directive (AD) for the Agusta S.p.A. (Agusta) Model AB412 Series helicopters. This action requires inspecting each affected tail rotor blade (blade) forward tip weight retention block (tip block) and the aft tip closure (tip closure) for adhesive bond voids, and removing any blade with an excessive void from service. This AD also requires modifying certain blades by installing shear pins and tip closure rivets on all affected blades. This amendment is prompted by reports of in-flight loss of tip blocks and tip closures resulting in minor to substantial damage. The actions specified in this AD are intended to prevent loss of the tip block or tip closure, loss of a blade, and subsequent loss of control of the helicopter.