June 2005 – Federal Register Recent Federal Regulation Documents

We are adopting as a final rule, without change, an interim rule that amended the regulations concerning the importation of animals and animal products by adding Malaysia to the list of regions in which highly pathogenic avian influenza (HPAI) subtype H5N1 is considered to exist. We took that action to prevent the introduction of HPAI subtype H5N1 in the United States.

The Food Safety and Inspection Service (FSIS) is amending the Federal meat and poultry products inspection regulations to establish a general definition and standard of identity for standardized meat and poultry products that have been modified to qualify for use of an expressed nutrient content claim in their product names. These products will be identified by an expressed nutrient content claim, such as ``fat free,'' ``low fat,'' and ``light,'' in conjunction with an appropriate standardized term, e.g., ``low fat bologna.'' FSIS is taking this action to: Assist consumers in maintaining healthy dietary practices by providing for modified versions of standardized meat and poultry products that have reductions of certain constituents that are of health concern to some consumers, such as fat, cholesterol, and sodium; increase regulatory flexibility and support product innovation, and provide consumers with an informative nutrition labeling system.

The Coast Guard is establishing temporary special local regulations for the ``Maryland Swim for Life'', an annual marine event to be held on the waters of the Chester River near Chestertown, Maryland on June 18, 2005. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in portions of the Chester River during the event.

The Coast Guard has temporarily changed the drawbridge operating regulations governing the operation of the Carlton Bridge, mile 14.0, across the Kennebec River between Bath and Woolwich, Maine. This temporary final rule allows the bridge to open on signal every three hours at 6 a.m., 9 a.m., 12 p.m., 3 p.m., and 6 p.m., Monday through Saturday, from July 5 through December 17, 2005, and again from April 1 through June 30, 2006, to facilitate rehabilitation construction at the bridge. This rule also allows five three-day bridge closures in September and October of 2005. Vessels that can pass under the bridge without a bridge opening may do so at all times.

This final rule sets forth the standards adopted by the Postal ServiceTM to implement the Premium Forwarding Service (PFS) experiment. The Postal Service is conducting the PFS experiment to measure interest in a new service that forwards mail to residential customers who are temporarily away from their primary address. With PFS, your local Post Office will ship mail to your temporary address once a week via Priority Mail[reg].

The of State Louisiana has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant Final authorization to the State of Louisiana. In the ``Rules and Regulations'' section of this Federal Register, EPA is authorizing the changes by an immediate final rule. EPA did not make a proposal prior to the immediate final rule because we believe this action is not controversial and do not expect comments that oppose it. We have explained the reasons for this authorization in the preamble to the immediate final rule. Unless we get written comments which oppose this authorization during the comment period, the immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we receive comments that oppose this action, we will withdraw the immediate final rule and it will not take effect. We will then respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment. If you want to comment on this action, you must do so at this time.

The FAA is adopting a new airworthiness directive (AD) to supersede Airworthiness Directive (AD) 98-10-12, which applies to all Revo, Incorporated (REVO) (Type Certificate 1A13 formerly held by Colonial Aircraft Company, Lake Aircraft Corporation, Consolidated Aeronautics, Inc., and Global Amphibians LLC) Models Colonial C-2, Lake LA-4, Lake LA-4A, Lake LA-4P, and Lake LA-4-200 airplanes. AD 98-10-12 currently requires you to ensure adequate clearance between the attachment fitting and the horizontal stabilizer rear beam and between the attachment fitting and the stabilizer skin with inspections, possible replacement, and adjustments as necessary. This new AD is the result of several reports of fatigue cracks found in the horizontal stabilizer attachment fitting (part number 2-2200-21) of Model LA-4-200 airplanes that were in compliance with AD 98-10-12. This includes an airplane accident with a fatality attributed to a fatigue crack in the horizontal stabilizer attachment fitting. Consequently, this AD requires either a dye penetrant inspection of the horizontal stabilizer attachment fitting for any evidence of fretting, cracking, or corrosion (with necessary replacement and modification) or replacement of the fittings depending on the number of operational hours on the fitting. The AD also requires you to repetitively replace the fitting every 850 hours time-in-service (TIS), repetitively inspect (visually) the fittings between replacement times, and report to FAA the results of the initial inspection and any cracks found on repetitive inspections. We are issuing this AD to detect, correct, and prevent future cracks in the horizontal stabilizer attachment fitting, which could result in failure of the horizontal stabilizer attachment fitting. This failure could result in loss of control of the airplane.

This document proposes to revise an earlier proposed airworthiness directive (AD) for certain Cirrus Design Corporation (CDC) Model SR20 and SR22 airplanes. The earlier NPRM would have required you to measure and adjust the crew seat break-over bolts and to replace the crew seat recline locks on both crew seats. The earlier NPRM resulted from CDC discovering that the crew seats, under emergency landing dynamic loads, may fold forward at less than the 26 G required by the regulations. Since issuing the earlier NPRM, FAA received and evaluated new service information that increases the serial number effectivity of the earlier NPRM. The new proposed AD includes the additional serial numbers in the applicability section. Since the change imposes an additional burden over that proposed in the earlier NPRM, we are reopening the comment period to allow the public additional time to comment on the proposed AD.

The Coast Guard is implementing the special local regulations at 33 CFR 100.501 during the ``Harborfest 2005'' to be held on June 10, 11 and 12, 2005, on the waters of the Elizabeth River between Norfolk and Portsmouth, Virginia. These special local regulations are necessary to control vessel traffic due to the confined nature of the waterway and expected vessel congestion during the marine event. This action is necessary to provide for the safety of life on navigable waters before, during and after the event. The effect will be to restrict general navigation in the regulated area for the safety of event participants, spectators and other vessels transiting the event area.

The Coast Guard is implementing the special local regulations at 33 CFR 100.519 for the 2005 Annual Chincoteague Pony Swim, a marine event to be held July 27 and July 29, 2005, on the waters of Assateague Channel at Chincoteague, Virginia. These special local regulations are necessary to control vessel traffic due to the confined nature of the waterway and to provide for the safety of life on navigable waters during the event. The effect will be to restrict general navigation in the regulated area for the safety of spectators and vessels transiting the event area.

FinCEN is issuing this interim final rule to prescribe minimum standards applicable to dealers in jewels, precious metals, or precious stones, pursuant to the provisions in the USA PATRIOT Act of 2001 that require financial institutions to establish anti-money laundering programs. This rule is being issued as an interim final rule because FinCEN is seeking additional public comment on several aspects of the interim final rule. These issues are addressed in the SUPPLEMENTARY INFORMATION section under the heading ``Request for Comments.'' We also are providing questions and answers to assist businesses in understanding how the interim final rule operates, and in determining whether and when a business's operations are covered by the interim final rule. These questions and answers appear in the SUPPLEMENTARY INFORMATION section under the heading ``Frequently Asked Questions.''

The Commission is announcing the effective date for amendments to the regulations regarding the proper rates and timing for payment for travel on behalf of Presidential candidates during the general election on means of transportation that are not offered for commercial passenger service, including government conveyances. The publication of these final rules in the Federal Register occurred on December 15, 2003 and included an announcement that the effective date would be published at a later date once the regulations had been before Congress for 30 legislative days pursuant to the Presidential Election Campaign Fund Act. Publication of the effective date notice was inadvertently delayed. Further information is provided in the supplementary information that follows.

This document makes final, without change, a previously published interim final rule that stated the Bureau of Industry and Security's licensing policy regarding transactions involving entities sanctioned by the State Department under three specified statutes, imposed a new license requirement for certain entities sanctioned by the State Department, and identified one specific entity subject to this new license requirement, Tula Instrument Design Bureau of Russia.

The Food and Drug Administration (FDA) is amending its bottled water quality standard regulations by revising the existing allowable level for the contaminant arsenic. As a consequence, bottled water manufacturers are required to monitor their finished bottled water products for arsenic at least once each year under the current good manufacturing practice (CGMP) regulations for bottled water. Bottled water manufacturers are also required to monitor their source water for arsenic as often as necessary, but at least once every year unless they meet the criteria for the source water monitoring exemptions under the CGMP regulations. This final rule will ensure that the minimum quality of bottled water, as affected by arsenic, remains comparable with the quality of public drinking water that meets the Environmental Protection Agency's (EPA's) standards.

This document contains corrections to a final rule that was published on May 24, 2005.

This action corrects a final rule (Airspace Docket No. 04-ASW- 11) published in the Federal Register on December 13, 2004 (69 FR 72113). That action modified Restricted Areas 5103A (R-5103A), 5103B (R-5103B), and 5103C (R-5103C) and revoked Restricted Area 5103D (R-5103D), at the request of the United States (U.S.) Army. Subsequent to the issuance of the final rule, the U.S. Army identified an error in their requested boundaries for R-5103C. This action corrects that error.

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.