July 1, 2005 – Federal Register Recent Federal Regulation Documents

These special conditions are issued for the installation of an AMSAFE, Inc., Inflatable Four-Point Restraint Safety Belt with an Integrated Airbag Device on Cirrus Models SR20 and SR22. These airplanes, as modified by the installation of this Inflatable Safety Belt, will have novel and unusual design features associated with the upper-torso restraint portions of the four-point safety belt, which contains an integrated airbag device. 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.

This action corrects an error in the airspace description of a final rule that was published in the Federal Register on May 18, 2005 (70 FR 28423), Airspace Docket No. 04-ANM-09.

This action modifies Class E airspace at Muskegon, MI. Standard Instrument Approach Procedures have been developed for Grand Haven Memorial Airpark. Controlled airspace extending upward from 700 feet or more above the surface of the earth is needed to contain aircraft executing these approaches. This action increases the area of existing controlled airspace for Grand Haven Memorial Airpark.

The Secretary issues regulations prescribing criteria to be used in selecting eligible members of the Armed Forces to participate in the Troops-to-Teachers program and receive financial assistance. These regulations implement section 2303(c) of the Elementary and Secondary Education Act of 1965, as amended (Act). The regulations also define the terms ``high-need local educational agency'' (high-need LEA) and ``public charter school'' in which a participant must agree to be employed under section 2304(a)(1)(B) of the Act. In addition, the regulations define the term ``children from families with income below the poverty line'' which is used in the definition of high-need LEA.

The Coast Guard is conducting a Port Access Route Study (PARS) to evaluate the applicability of and the need for modifications to current vessel routing measures in the approaches to Block Island Sound, between Montauk Channel and The Race, and the area from the Point Judith Pilot Boarding area to The Race. The goal of the study is to help reduce the risk of marine casualties and increase the efficiency of vessel traffic management in the study area. The recommendations of the study may lead to future rulemaking action or appropriate international agreements.

The Coast Guard is establishing special local regulations for the loading, transport, and launching of fireworks used during twenty two separate Fourth of July fireworks displays to be held in various locations in Northern California and Western Nevada. These special local regulations are intended to prohibit vessels and people from entering into or remaining within the regulated areas to ensure the safety of participants, spectators, and mariners transiting the event areas.

When EPA approved Colorado's Carbon Monoxide Redesignation to Attainment and Related Revisions for Fort Collins on July 22, 2003, we inadvertently submitted extraneous pages from Regulation No. 13, ``Oxygenated Fuels Program'' for incorporation by reference into the State Implementation Plan (SIP). EPA is correcting these errors with this document. This action is being taken under section 110(k)(6) of the Clean Air Act.

EPA is proposing to approve revisions to the sulfur dioxide requirements for Flint Hills Resources, L.P. (Flint Hills) of Dakota County, Minnesota. The requested revisions will allow the Rosemont, Minnesota petroleum refinery to produce ultra low sulfur diesel fuel. This expansion will add five sources and create an increase in sulfur dioxide emissions. An analysis of the additional sources was conducted. The results shows that the air quality of Dakota County will remain in compliance with the National Ambient Air Quality Standards (NAAQS) for sulfur dioxide. In the final rules section of this Federal Register, EPA is approving the SIP revision as a direct final rule without prior proposal, because EPA views this as a noncontroversial revision and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If we do not receive any adverse comments in response to these direct final and proposed rules, we do not contemplate taking any further action in relation to this proposed rule. If EPA receives adverse comments, we will withdraw the direct final rule and will respond to all public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time.

The Environmental Protection Agency is proposing to approve a revision to the State Implementation Plan (SIP) for ozone submitted by the State of New Jersey. This SIP revision consists of a source- specific reasonably available control technology (RACT) determination for controlling oxides of nitrogen from the cogeneration facility operated by Schering Corporation. This action proposes an approval of the source-specific RACT determination that was made by New Jersey in accordance with provisions of its regulation to help meet the national ambient air quality standard for ozone. The intended effect of this proposed rule is to approve source-specific emission limitations required by the Clean Air Act.

On November 10, 2003, EPA promulgated national emission standards for hazardous air pollutants (NESHAP) for miscellaneous organic chemical manufacturing under the authority of section 112 of the Clean Air Act (CAA). This action proposes clarifications to the compliance requirements for flares and the alternative standard, which limits the outlet concentration to 20 parts per million. This action proposes an expansion of the scope of the vapor balancing alternative for storage tanks, modifications to the procedures for correcting measured concentrations at the outlet of combustion devices to account for supplemental gases, and clarification of the signature requirements for the notification of compliance status report. This action also proposes revisions of several referencing and drafting errors. In the Rules and Regulations section of this Federal Register, we are taking direct final action on the proposed amendments because we view the amendments as noncontroversial and anticipate no adverse comments. We have explained our reasons for the amendments in the preamble to the direct final rule. If we receive no adverse comments, we will take no further action on the proposed amendments. If we receive adverse comments, we will withdraw only those provisions on which we received significant adverse comments. We will publish a timely withdrawal in the Federal Register indicating which provisions will become effective and which provisions are being withdrawn. If part or all of the direct final rule in the Rules and Regulations section of today's Federal Register is withdrawn, all comments pertaining to the withdrawn provisions will be addressed in a subsequent final rule based on the proposed amendments. We will not institute a second comment period before taking the subsequent final action. Any parties interested in commenting must do so at this time.

EPA is taking direct final action to delete a provision from the California State Implementation Plan (SIP) that was approved into the SIP in error. This provision is part of a rule concerning emissions of volatile organic compounds (VOC) from solvent cleaning operations. EPA has determined that the continued presence of this provision in the SIP is potentially confusing and thus harmful to affected sources, local agencies and to EPA. The intended effect of this action is to delete this provision and make the federally enforceable SIP consistent with the SIP as adopted and submitted by the State of California.

NMFS is prohibiting directed fishing for rock sole in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2005 rock sole total allowable catch (TAC) in the BSAI.

The Alcohol and Tobacco Tax and Trade Bureau proposes to change the minimum content requirement for vintage date statements on some wine labels. We take this action in response to a petition from a trade association representing California wineries. We invite comments on this proposed amendment to our regulations.

This Treasury decision establishes the 570,000-acre Horse Heaven Hills viticultural area in south-central Washington State. Located along the Columbia River in portions of Klickitat, Yakima, and Benton counties, the Horse Heaven Hills area is about 115 miles east of Vancouver, Washington, and lies entirely within the established Columbia Valley viticultural area. We designate viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase.

The Defense Security Service (DSS) is adding an exemption rule for the system of records V5-05, entitled `Joint Personnel Adjudication System (JPAS)'. The system of records is being transferred from the Department of the Air Force's inventory (F031 DoD A, entitled `Joint Personnel Adjudication System (JPAS)') to the DSS inventory of records. The exemption rule (32 CFR part 806b) for the Air Force system is being transferred and published as an exemption rule (32 CFR part 321.13) for the DSS system. The rule was published as a final rule on May 9, 2003 at 68 FR 24881.

The Nuclear Regulatory Commission (NRC) is amending its regulations pertaining to the export and import of radioactive materials. The amendments implement recent changes to the nuclear and radioactive material security policies of both the Commission and the Executive Branch. The final rule takes into account provisions in the International Atomic Energy Agency (IAEA) Code of Conduct on the Safety and Security of Radioactive Sources (Code of Conduct) concerning the import and export of radioactive sources, and the supplemental IAEA Guidance on the Import and Export of Radioactive Sources (Guidance document) on internationally harmonized guidance for the import and export of radioactive sources. The amendments provide for enhanced tracking of certain exports and imports of radioactive sealed sources and bulk material for certain radionuclides. The amended regulation includes new specific export and import license requirements, advance notification procedures prior to shipment, verification of the recipient facility's licensing status, and review of the adequacy of the receiving country's controls on radioactive sources. The amendments apply to a small number of radioactive materials when exported or imported in amounts exceeding clearly defined International System (SI) limits. The amended regulation provides the Commission with flexibility to treat each export and import license application on a case-by-case basis, with the ability to accommodate the still evolving domestic and international security measures for radioactive material.

This document withdraws the notice of proposed rulemaking relating to the application of the Federal Insurance Contributions Act (FICA), Federal Unemployment Tax Act (FUTA), and Collection of Income Tax at Source to incentive stock options and options granted under employee stock purchase plans (collectively referred to as ``statutory stock options'') that was published on November 14, 2001. This withdrawal affects employers that grant these options and employees who exercise these options.

The Copyright Office of the Library of Congress is removing its regulations governing the filing of claims to cable, satellite, and DART royalty funds. These claims now are to be filed with the Copyright Royalty Judges pursuant to the Copyright Royalty and Distribution Reform Act of 2004, which became effective on May 31, 2005.

EPA is taking direct final action to approve the Limited Maintenance Plan for the Spokane nonattainment area (NAA) in Washington and grant the request by the State to redesignate the area from nonattainment to attainment for PM10. On November 30, 2004, the State of Washington submitted a Limited Maintenance Plan (LMP) for the Spokane nonattainment area (NAA) for approval and concurrently requested that EPA redesignate the Spokane NAA to attainment for the National Ambient Air Quality Standards (NAAQS) for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10). In 1997, EPA approved Washington's moderate area plan for the Spokane NAA for all PM10 sources except windblown dust. In this direct final action, EPA is also approving the remaining elements of the Spokane NAA moderate area plan for windblown dust sources.