July 2005 – Federal Register Recent Federal Regulation Documents

The Conservation Security Program (CSP) is authorized by Title XII, Chapter 2, Subchapter A, of the Food Security Act of 1985, as amended by the Farm Security and Rural Investment Act of 2002. The Natural Resources Conservation Service (NRCS) published an amendment to the interim final rule for CSP on March 25, 2005, (70 FR 15201), with a comment period expiring July 25, 2005. By this notice, NRCS is extending the period during which it will accept public comment on the amended interim final rule for CSP to September 9, 2005. This extension is to give the public additional time to comment on key issues that have been raised regarding the implementation of the program under the amended interim final rule.

This regulation establishes a tolerance for residues of etoxazole in or on grapes and tree nuts, including pistachios. Valent U.S.A. Corporation requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).

The Copyright Office of the Library of Congress is submitting for public comment a settlement proposal for the adjustment of certain royalty rates for use of the cable statutory license.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule which increased the assessment rate and changed the assessable unit established for the Vidalia Onion Committee (Committee) for the 2005 and subsequent fiscal periods from $0.12 per 50-pound bag or equivalent to $0.10 per 40-pound carton of Vidalia onions. The assessment rate of $0.10 per 40-pound carton is $0.0001 per pound more than the assessment rate previously in effect. The Committee locally administers the marketing order which regulates the handling of Vidalia onions grown in Georgia. Authorization to assess Vidalia onion handlers enables the Committee to incur expenses that are reasonable and necessary to administer the program. The fiscal period began January 1 and ends December 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

This action corrects a error in the airport coordinates contained in a Final Rule that was published in the Federal Register on Friday, June 24, 2005 (70 FR 36490). Airspace Docket No. 05-AAL-08.

This action amends Title 14 Code of Federal Regulations, part 71 (14 CFR part 71) by revising Class E airspace at Washington, MO. A review of the Class E airspace area extending upward from 700 feet above ground level (AGL) at Washington, MO revealed its legal description is not in proper format and it is not in compliance with established airspace criteria. This airspace area is enlarged and modified to conform to FAA Orders. The intended effect of this rule is to provide controlled airspace of appropriate dimensions to protect aircraft departing from and executing standard instrument approach procedures (SIAPs) to Washington Memorial Airport. This rule also amends the Airport Reference Point (ARP) in the legal description to reflect current data.

This action corrects an error in the airport coordinates contained in a Final Rule that was published in the Federal Register on Friday, June 24, 2005 (70 FR 36492). Airspace Docket No. 05-AAL-07.

The Coast Guard proposes to change the regulations governing the operation of the Boot Key Harbor bridge, mile 0.13, between Marathon and Boot Key, Monroe County, Florida. Due to the amount of vehicle traffic and the lack of openings during the proposed time period, this proposed action would improve the movement of vehicular traffic while not unreasonably interfering with the movement of vessel traffic. This proposed rule would allow the bridge to open on the hour between the hours of 7 a.m. to 7 p.m. At all other times, the bridge will open on demand following a 10-minute notification to the bridge tender. The draw shall open as soon as practicable for the passage of tugs with tows, public vessels of the United States and vessels in a situation where a delay would endanger life or property.

Our requirements for advanced air bags are being phased in during two stages, the first of which extends over a three-year period from September 1, 2003 to August 31, 2006. The phase-in provides special requirements for limited line manufacturers. These manufacturers are excluded from the first two years of the phase-in but must achieve 100 percent compliance for the third year, i.e., the production year beginning September 1, 2005. To address problems faced by Porsche, we are issuing this interim final rule revising the phase- in for limited line manufacturers so that 95 percent of a manufacturer's vehicles must comply with the advanced air bag requirements during this one-year period instead of 100 percent.

In response to a multi-docket Notice of Proposed Rulemaking, 70 FR 17047 (April 4, 2005) this Report and Order allots new FM channels in two communities, including Colfax, Louisiana and Moody, Texas. The Audio Division, at the request of Charles Crawford, allots Channel 267A at Colfax, Louisiana, as the community's first local aural transmission service. Channel 267A can be allotted to Colfax in compliance with the Commission's technical requirements with a site restriction of 13.0 kilometers (8.1 miles) southwest of Colfax, Louisiana. The reference coordinates for Channel 267A at Colfax are 31- 27-53 North Latitude and 92-49-44 West Longitude. See SUPPLEMENTARY INFORMATION, infra.

This document seeks comment on an Initial Regulatory Flexibility Analysis (IRFA) of the Intermodal Order concerning wireline-to-wireless number portability. The Federal Communications Commission will use the specific IRFA comments it receives in preparing a Final Regulatory Flexibility Analysis in connection with the Intermodal Order and in determining whether to modify the intermodal porting rules with respect to their application to small entities in light of the requirements of the Regulatory Flexibility Act (RFA).

The Environmental Protection Agency (EPA) Region 6 is publishing a notice of intent to delete the Mallard Bay Landing Bulk Plant Superfund Site (Site), located northeast of Grand Chenier in Cameron Parish, Louisiana, from the National Priorities List (NPL). 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 Louisiana, through the Louisiana Department of Environmental Quality (LDEQ), 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, we are publishing a Direct Final Notice of Deletion of the Mallard Bay Landing Bulk Plant Superfund Site without prior notice of intent to delete because we view this as a noncontroversial revision and anticipate no adverse comment. We have explained our reasons for this deletion in the preamble to the direct final deletion. If we receive no adverse comment(s) on this notice of intent to delete or the Direct Final Notice of Deletion, we will not take further action on this notice of intent to delete. If we receive adverse comment(s), we will withdraw the Direct Final Notice of Deletion, it will not take effect, and as appropriate, address all public comments in a subsequent final deletion notice based on this notice of intent to delete. We 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.

In response to a Notice of Proposed Rule Making, 69 FR 54614 (September 9, 2004), this Report and Order grants the proposal to allot Channel 295A to Americus, Georgia, and grants a request to dismiss a counterproposal to allot Channel 295 To Oglethorpe, Georgia. The coordinates for Channel 295A at Americus, Georgia are 32-04-51 North Latitude and 84-15-20 West Longitude, with a site restriction of 2.4 kilometers (1.5 miles) northwest of Americus, Georgia.

In this document, the Commission initiates a broad inquiry into the management and administration of the Universal Service Fund (USF), as well as the Commission's oversight of the USF and the USF Administrator. We seek comment on ways to improve the management, administration, and oversight of the USF, including simplifying the process for applying for USF support, speeding the disbursement process, simplifying the billing and collection process, addressing issues relating to the Universal Service Administrative Company (USAC or the Administrator), and exploring performance measures suitable for assessing and managing the USF programs. We also seek comment on ways to further deter waste, fraud, and abuse through audits of USF beneficiaries or other measures, and on various methods for recovering improperly disbursed funds.

EPA issued a final rule in the Federal Register of June 1, 2005, establishing two tolerance exemptions for two isopropylamine salts. This document is being issued to correct the CAS Reg. No. for one of those salts, 2-propanamine, compound with [alpha]-phosphono- [omega]-butoxypoly (oxy-1,2-ethanediyl) (2:1).

Since September 11, 2001, general aviation aircraft operations have been prohibited at Ronald Reagan Washington National Airport (DCA). The Transportation Security Administration (TSA) is issuing this interim final rule (IFR) to restore access to DCA for certain aircraft operations while maintaining the security of critical Federal Government and other assets in the Washington, DC metropolitan area. This IFR applies to all passenger aircraft operations into or out of DCA, except U.S. air carrier operations operating under a full security program required by 49 CFR part 1544 and foreign air carrier operations operating under 49 CFR 1546.101(a) or (b). The IFR establishes security procedures for aircraft operators and gateway airport operators, and security requirements relating to crewmembers, passengers, and armed security officers onboard aircraft operating into or out of DCA. Although this IFR is effective on August 18, 2005, an aircraft operator may not conduct operations into or out of DCA until it is determined by TSA to be in compliance with the security requirements set forth in this IFR.

EPA is proposing to grant a petition submitted by General Motors Corporation-Arlington Truck Assembly Plant (GM-Arlington) to exclude (or delist) a wastewater treatment plant (WWTP) sludge generated by GM-Arlington in Arlington, TX. from the lists of hazardous wastes. EPA used the Delisting Risk Assessment Software (DRAS) in the evaluation of the impact of the petitioned waste on human health and the environment. EPA bases its proposed decision to grant the petition on an evaluation of waste-specific information provided by the petitioner. This proposed decision, if finalized, would exclude the petitioned waste from the requirements of hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA). If finalized, EPA would conclude that GM-Arlington's petitioned waste is non-hazardous with respect to the original listing criteria. EPA would also conclude that GM-Arlington's process minimizes short- term and long-term threats from the petitioned waste to human health and the environment.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus Model A330-200, A330-300, A340-200, and A340-300 series airplanes. This proposed AD would require operators to modify the hydraulic control block of the nose landing gear. This proposed AD is prompted by a report of an unexpected steering event (swerve) during the take-off roll of one affected airplane. We are proposing this AD to prevent loss of airplane steering while on the ground, which could result in the airplane going off the side of the runway.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus Model A320-111 airplanes; and Model A320-200, A321- 100, and A321-200 series airplanes. This proposed AD would require installing a bonding lead between the low pressure valve and the adjacent pipe assembly in each wing. This proposed AD is prompted by the results of fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent an ignition source for fuel vapor in the wing, which could result in fire or explosion in the adjacent wing fuel tank.

The Coast Guard is establishing a temporary safety zone on the waters of the Columbia River during hydroplane races. The Captain of the Port, Portland, Oregon, is taking this action to safeguard watercraft and their occupants from safety hazards associated with these vessels that travel at a high rate of speed. Entry into this safety zone is prohibited unless authorized by the Captain of the Port.

This rule amends our regulations concerning platforms and structures to include coverage of floating offshore oil and gas production platforms. The rule also incorporates into MMS regulations a body of industry standards pertaining to floating production systems (FPSs). Limited changes are also made to regulations concerning oil and gas production safety systems; and pipelines and pipeline rights-of- way. These changes are needed because of the rapid increase in deepwater exploration and development, and industry's increasing reliance on floating facilities for those activities. Incorporating the industry standards into MMS regulations will save the public the costs of developing separate, and possibly duplicative, government standards, and will streamline our procedures for reviewing and approving new offshore floating platforms.

The Bureau of Land Management (BLM) is again proposing to amend its mineral resources regulations to increase many fees and to impose new fees to cover BLM's costs of processing certain documents relating to its minerals programs. This would include costs for actions such as environmental studies, monitoring activities, and other processing-related costs. The BLM would establish some fixed fees and some fees on a case-by-case basis. The proposed fee changes are based on statutory authorities, which authorize BLM to charge for its processing costs, and on policy guidance from the Office of Management and Budget (OMB) and the Department of the Interior (DOI) requiring BLM to charge these fees. The fee changes also respond to recommendations issued in audit reports by the DOI's Office of Inspector General (OIG).

We, the U.S. Fish and Wildlife Service, announce the reopening of the comment period on the proposed designation of critical habitat for the Central population of the California tiger salamander and the availability of the draft economic analysis of the proposed designation of critical habitat. The draft economic analysis identifies potential costs of approximately $367 million over a 20-year period or $32.8 million per year as a result of the designation of critical habitat, including those costs coextensive with listing. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed rule and the associated draft economic analysis. Comments previously submitted need not be resubmitted as they will be incorporated into the public record as part of this comment period, and will be fully considered in preparation of the final rule.

Pursuant to the regulations governing the subsistence taking of northern fur seals, this document summarizes the annual fur seal subsistence harvests on St. George and St. Paul Islands (the Pribilof Islands) for 2002 to 2004 and proposes annual estimates of fur seal subsistence needs for 2005 through 2007 on the Pribilof Islands, Alaska. NMFS solicits public comments on the proposed estimates.

NMFS issues this final rule to implement Amendment 24 to the Fishery Management Plan (FMP) for the Reef Fish Resources of the Gulf of Mexico (Amendment 24) prepared by the Gulf of Mexico Fishery Management Council (Council). This final rule establishes a limited access system for the commercial reef fish fishery in the Gulf of Mexico by capping participation at the current level. The intended effect of this final rule is to provide economic and social stability in the fishery by preventing speculative entry into the fishery.