June 2005 – Federal Register Recent Federal Regulation Documents

The Coast Guard is establishing special local regulations in the navigable waters of San Francisco Bay dealing with the loading, transport, and launching of fireworks used during a fireworks display to be held after a San Francisco Giants baseball game on June 21, 2005. These special local regulations are intended to prohibit vessels and people from entering into or remaining within the regulated areas in order to ensure the safety of participants and spectators.

This document contains corrections to a notice of proposed rulemaking relating to the computation and allocation of the credit for increasing research activities for members of a controlled group of corporations, including consolidated groups, or a group of trades or businesses under common control.

The Coast Guard is establishing a temporary safety zone for the Salem Celebrate the Fourth fireworks on July 4, 2005 in Salem, Massachusetts. The safety zone will prohibit entry into or movement within this portion of Salem Harbor during its effective period.

DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) to standardize the use of the term ``United States'' and associated geographic terms, in accordance with definitions found in the Federal Acquisition Regulation.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update text on the use of specifications, standards, and data item descriptions in solicitations and contracts. This proposed rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update policy on contracting for construction services. This proposed rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.

EPA is approving a request from the State of Ohio, submitted in draft on March 10, 2005 and in final on May 20, 2005, to redesignate the Cincinnati area (Butler, Clermont, Hamilton, and Warren Counties) from nonattainment to attainment for the 1-hour ozone National Ambient Air Quality Standard (NAAQS). In conjunction with this approval, EPA is approving the State's plan for maintaining the 1-hour ozone NAAQS in the Cincinnati area through 2015 as a revision to the Ohio State Implementation Plan (SIP). EPA is approving Volatile Organic Compound (VOC) emission control regulations for various source categories, thus completing Ohio's obligation to adopt Reasonably Available Control Technology (RACT) regulations for the Cincinnati area. EPA is approving periodic VOC and Oxides of Nitrogen (NOx) emission inventories for the Cincinnati area. EPA finds as adequate and is approving the 2015 VOC and NOx Motor Vehicle Emission Budgets (MVEBs) for the Cincinnati area as contained in the Cincinnati area ozone maintenance plan. EPA is not, at this time, taking action on Ohio's demonstrations that termination of the vehicle Inspection and Maintenance (I/M) programs in the Cincinnati and Dayton areas will not interfere with the attainment and maintenance of the 1-hour ozone NAAQS in these areas, and is not taking action on the State's requests for conversion of the vehicle I/M programs in these areas to contingency measures in the 1- hour ozone maintenance plans. The State did not submit a demonstration of non-interference with the 8-hour ozone or fine particulate (PM2.5) standards, or with any other applicable requirements of the Clean Air Act (CAA). Such actions, however, may be considered in subsequent rulemakings.

The FAA is adopting a new airworthiness directive (AD) for certain Avcraft Dornier Model 328-100 and -300 airplanes. This AD requires a pressure test and detailed inspection of each fuselage drain line to determine if there is a blockage, and related investigative/ corrective actions if necessary. This AD is prompted by a report of leakage at one of the drain lines in the fuselage. We are issuing this AD to prevent blockage within the drain lines, causing fluids to collect. These fluids may freeze and expand, damaging the drain lines, and allowing fuel to leak into the cabin and fuel vapors to come into contact with ignition sources, which could result in consequent fire in the cabin.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the California spotted owl (Strix occidentalis occidentalis) as threatened or endangered, under the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). We find that the petition presents substantial scientific or commercial information indicating that listing the species may be warranted. Therefore, we are initiating a status review of the species to determine if listing the species is warranted. To ensure that the review is comprehensive, we are soliciting scientific and commercial information regarding this species.

The Secretary proposes to amend the regulations governing the Assistance to States for Education of Children with Disabilities Program, the Preschool Grants for Children With Disabilities Program, and Service Obligations under Special Education Personnel Development to Improve Services and Results for Children with Disabilities. These amendments are needed to implement recently enacted changes made to the Individuals with Disabilities Education Act, as amended by the Individuals with Disabilities Education Improvement Act of 2004.

The Department of Veterans Affairs proposes to revise its rules regarding the reconsideration of decisions on claims for benefits based on newly discovered service records received after the initial decision on a claim. The proposed revision would provide consistency in adjudication of certain types of claims.

EPA is taking direct final action to approve a revision to the Commonwealth of Virginia State Implementation Plan (SIP). This revision consists of the removal of the exemption from volatile organic compound (VOC) emission standards for sources located in the Hampton Roads VOC Emissions Control Area localities of James City County, York County, Poquoson City, and Williamsburg City. This action is necessary in order for Virginia to meet its obligation to implement contingency measures as a result of the area's violation of the 1-hour ozone standard. This action is being taken in accordance with the requirements of the Clean Air Act.

The Federal Energy Regulatory Commission (Commission) is amending its regulations to provide for electronic filing of Applications for Authorization for the Issuance of Securities or the Assumption of Liabilities. The Commission is making these changes as part of its effort to modernize its reporting and filing requirements and to eliminate unnecessary filing burdens for those entities that file applications or reports with the Commission pursuant to 18 CFR part 34. The proposed revisions will reduce the Commission's and the respondent's costs by allowing the submission of financial information in electronic format in lieu of the present hard copy format; the type of financial data that jurisdictional entities submit in this application is already routinely stored in electronic format, making hard copy filing of such information burdensome. In this Final Rule the Commission continues to move toward electronic filing, as the Government Paperwork Elimination Act mandates. The modifications in this Final Rule are the result of a review conducted by the Commission's Information Assessment Team (FIAT), identifying the Commission's current information collections, evaluating their original purposes and current uses, and proposing ways to reduce the reporting burden on industry through the elimination, reduction, streamlining or reformatting of current collections.

This rule amends and requests comment on the Extra Long Staple (ELS) Cotton Competitiveness Payment Program of the Commodity Credit Corporation (CCC). This rule changes the ELS cotton price used to calculate the payment rate from the ``average domestic spot price quotation for base quality U.S. Pima cotton'' to the ``American Pima c.i.f. Northern Europe'' price. The change is intended to reduce the cost to the Federal Government of operating the program by incorporating a reference price more indicative of actual ELS cotton world market prices.

The FAA is adopting a new airworthiness directive (AD) for certain The Lancair Company (Lancair) Model LC41-550FG airplanes. This AD requires both visual and dye penetrant inspections of the elevator torque tube assembly for cracks. If a crack is found, this AD requires replacement with a modified assembly that incorporates a steel doubler. This AD also requires replacement of the modified elevator torque tube assembly every 300 hours time-in-service or 18 months (whichever occurs first). This AD results from cracks found in the weld area of the elevator torque tube assembly. We are issuing this AD to detect and correct cracks in the elevator torque tube assembly, which could result in failure of the elevator torque tube assembly and subsequent loss of control of the airplane.

As required by the Organic Foods Production Act of 1990 (OFPA), the allowed use of 165 synthetic and non-synthetic substances in organic production and handling will expire on October 21, 2007. In addition, prohibitions on the use of 9 non-synthetic substances will expire in organic production on October 21, 2007. The Agricultural Marketing Service (AMS) is publishing this advance notice of proposed rulemaking (ANPR) to make the public aware of this OFPA requirement. AMS believes that public comment is essential in the review process to determine whether these substances should continue to be allowed or prohibited in the production and handling of organic agricultural products.

This rule increases the assessment rate established for the State of Washington Potato Committee (Committee) for the 2005-2006 and subsequent fiscal periods from $0.002 to $0.0035 per hundredweight of potatoes handled. The Committee locally administers the marketing order which regulates the handling of Irish potatoes grown in Washington. Authorization to assess potato handlers enables the Committee to incur expenses that are reasonable and necessary to administer the program. The fiscal period begins July 1 and ends June 30. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect a change of sponsor's name from Rhodia Limited to Rhodia UK Limited.

The Environmental Protection Agency (EPA) Region 3 is issuing a notice of intent to delete MM&G Superfund Site (Site) located in Frackville, Schuylkill County, Commonwealth of Pennsylvania, from the National Priorities List (NPL) and requests public comments on this notice of intent. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is found at appendix B of 40 CFR part 300 which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Pennsylvania, through the Pennsylvania Department of Environmental Protection (PADEP), have determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund. In the ``Rules and Regulations'' section of today's Federal Register, EPA is publishing a direct final notice of deletion of MM&G Superfund Site without prior notice of intent to delete because EPA views this as a noncontroversial revision and anticipate no adverse comment. EPA has explained its reasons for this deletion in the preamble to the direct final notice of deletion. If no adverse comment(s) are received on this notice of intent to delete or the direct final notice of deletion, EPA will not take further action on this notice of intent to delete. If adverse comment(s) are received, EPA will withdraw the direct final notice of deletion and it will not take effect. EPA will, as appropriate, address all public comments in a subsequent final deletion notice based on this notice of intent to delete. EPA will not institute a second comment period on this notice of intent to delete. Any parties interested in commenting must do so at this time. For additional information, see the direct final notice of deletion which is located in the Rules section of this Federal Register.

The Farm Credit Administration (FCA, we, our) issues this final rule changing our regulatory capital standards on recourse obligations, direct credit substitutes, residual interests, asset- and mortgage-backed securities, claims on securities firms, and certain residential loans. We are modifying our risk-based capital requirements to more closely match a Farm Credit System (FCS or System) institution's relative risk of loss on these credit exposures to its capital requirements. In doing so, our rule risk-weights recourse obligations, direct credit substitutes, residual interests, asset- and mortgage-backed securities, and claims on securities firms based on external credit ratings from nationally recognized statistical rating organizations (NRSROs). In addition, our rule will make our regulatory capital treatment more consistent with that of the other financial regulatory agencies for transactions and assets involving similar risk and address financial structures and transactions developed by the market since our last update. We also make a number of nonsubstantive changes to our regulations to make them easier to use.

The FAA is adopting a new airworthiness directive (AD) for certain Bombardier Model DHC-8-400 series airplanes. This AD requires inspecting the electrical connectors of the fire extinguisher bottles for the forward and aft baggage compartments and for the auxiliary power unit and engine nacelles to determine if they are connected correctly; and doing related investigative and corrective actions, if necessary. This AD is prompted by reports of the electrical connectors for the fire bottles in the forward and aft baggage compartments being cross connected. We are issuing this AD to detect and correct cross connection of the fire extinguisher bottles, which could result in failure of the fire bottles to discharge and consequent inability to extinguish a fire in the affected areas.

The Federal Energy Regulatory Commission (Commission) proposes to revise its regulations for filings by persons holding interlocking positions and for utilities listing their twenty largest purchasers of electricity. The proposed revisions provide for electronic filing. The modifications in this Proposed Rule are the result of a review conducted by the Commission's Information Assessment Team (FIAT), identifying the Commission's current information collections, evaluating their original purposes and current uses, and proposing ways to reduce the reporting burden on industry through the elimination, reduction, streamlining or reformatting of current collections.

NMFS is promulgating emergency regulations, at the request of the Food and Drug Administration (FDA), to close portions of Federal waters of the Gulf of Maine, Georges Bank, and southern New England to the harvest of shellfish (bivalves), with the exception of sea scallop adductor muscles harvested and shucked at sea, due to the presence in those waters of the toxin that causes paralytic shellfish poisoning (PSP). The concentrations of the toxin in the Federal waters is great enough to warrant a public health emergency. The closure will remain in effect until September 30, 2005, with the possibility of a reduction or an extension of the closure based upon FDA's determination that the concentration of the toxin in shellfish is at a level that is safe or unsafe, respectively, for human consumption.

The Caribbean Fishery Management Council (Council) has submitted a comprehensive amendment to its Spiny Lobster, Queen Conch, Reef Fish, and Coral Fishery Management Plans (FMPs) for review, approval, and implementation by NMFS. The amendment proposes to: establish management strategies to end overfishing and rebuild overfished stocks; require standardized collection of bycatch data; minimize bycatch and bycatch mortality to the extent practicable; designate essential fish habitat (EFH) and EFH habitat areas of particular concern (EFH-HAPCs) for managed stocks; and minimize, to the extent practicable, adverse effects on such habitat caused by fishing. The Council is proposing these actions to support the objectives of the Council's Spiny Lobster, Queen Conch, Reef Fish, and Coral FMPs. The intended effect of these proposed actions is to achieve optimum yield in the fisheries and provide social and economic benefits associated with maintaining healthy fishery stocks.