August 3, 2005 – Federal Register Recent Federal Regulation Documents

In this document, the Commission adopted a Notice of Proposed Rulemaking (NPRM), seeking comment on a number of procedures designed to streamline the process of allocating new FM channels and modifying the communities of license of existing radio stations, and to reduce current backlogs in proceedings to amend the FM Table of Allotments. In the NPRM, the Commission also announced a freeze on all new petitions to amend the FM Table of Allotments, and announced its intention to open a 90-day window during which parties to pending proceedings to amend the FM Table of Allotments, in which Notices of Proposed Rulemaking have been released and comment and reply comment deadlines have passed, may universally settle all conflicts between their proposals and/or counterproposals, without limitation as to reimbursement.

In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations relating to the capitalization of costs under the simplified service cost method of the Income Tax Regulations and the simplified production method. The regulations affect taxpayers that use the simplified service cost method or the simplified production method for self-constructed assets that are constructed on a routine and repetitive basis in the ordinary course of their businesses. The text of those regulations also serves as the text of these proposed regulations.

EPA is taking direct final action to correct an error in the instructions amending the Code of Federal Regulations in the notice which approved the removal of Oregon's control technology guidelines for perchloroethylene (perc) dry cleaning systems and related definitions and provisions, published on December 1, 2004. Perc is a solvent commonly used in dry cleaning, maskant operations, and degreasing operations. In the document published on December 1, 2004 (69 FR 69823), EPA inadvertently listed an incorrect State effective date in the incorporation by reference section which listed revised provisions of the Oregon Administrative Rules. This action corrects the erroneous date so that the appropriate version of the Oregon Administrative Rules is incorporated by reference.

EPA is revoking certain tolerances for residues of the herbicide alachlor, insecticides carbaryl, diazinon, disulfoton, and pirimiphos-methyl, and the fungicide vinclozolin because these specific tolerances are no longer needed or are associated with food uses that are no longer current or registered in the United States. The regulatory actions in this document contribute toward the Agency's tolerance reassessment requirements of the Federal Food, Drug, and Cosmetic Act (FFDCA) section 408(q), as amended by the Food Quality Protection Act (FQPA) of 1996. By law, EPA is required by August 2006 to reassess the tolerances in existence on August 2, 1996. The regulatory actions in this document pertain to the revocation of 15 tolerances of which 9 count as tolerance reassessments toward the August, 2006 review deadline.

The Environmental Protection Agency is finalizing its proposed action to grant a petition submitted by the United States Department of Energy, Richland Operations Office (Energy) to exclude (or `delist') from regulation as listed hazardous waste certain mixed waste (`petitioned waste') following treatment at the 200 Area Effluent Treatment Site (200 Area ETF) on the Hanford Facility, Richland, Washington. This action conditionally grants the exclusion based on an evaluation of waste stream-specific and treatment process information provided by Energy. Wastes meeting the conditions of this exclusion are exempt from the requirements of hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA) of 1976 as amended. In finalizing this action, EPA has concluded that Energy's petitioned waste does not meet any of the criteria under which the wastes were originally listed, and that there is no reasonable basis to believe other factors exist which could cause the waste to be hazardous.

The Environmental Protection Agency (EPA or Agency) is today granting two site-specific treatment standard variances from the Land Disposal Restrictions (LDR) treatment standards to Chemical Waste Management, Chemical Services LLC (CWM), and to Heritage Environmental Services LLC (Heritage), to treat a selenium-bearing hazardous waste from the glass manufacturing industry. This final rule follows a proposed rule and a subsequent request for comment. These facilities intend to treat and dispose of selenium-bearing hazardous waste from Guardian Industries Corp. (Guardian) at their RCRA permitted facilities in Model City, New York and Indianapolis, Indiana, respectively. Based on treatment data on a new proprietary chemical stabilization technology provided by Heritage, EPA is issuing variances so that both facilities may treat the Guardian waste to an alternate treatment standard of 11 mg/L selenium, as measured by the TCLP. Upon promulgation of this final rule, CWM and Heritage may dispose of the treated waste in permitted RCRA Subtitle C landfills, provided they meet the applicable LDR treatment standards for any other hazardous constituents in the waste. EPA is granting these variances because the chemical properties of the wastes differ significantly from the waste used to establish the current LDR standard for selenium (5.7 mg/L, as measured by the Toxicity Characteristic Leaching Procedure (TCLP)), and the petitions have adequately demonstrated that the waste cannot be treated to meet this treatment standard.

This action changes the controlling agency for Restricted Area R-2531, Tracy, CA, from the FAA, Oakland Air Route Traffic Control Center (ARTCC) to the FAA, Northern California Terminal Radar Approach Control (TRACON). The FAA is taking this action in response to a realignment of airspace responsibilities in the state of California. There are no changes to the boundaries; designated altitudes; time of designation; or activities conducted within the affected restricted areas.

These special conditions are issued to Maule Aerospace Technology, Inc., for the Maule Aerospace Technology, Inc. M-7-230, M- 7-230C, and M-9-230 airplane models. These airplanes will have a novel or unusual design feature(s) associated with the installation of an engine that uses an electronic engine control system in place of the engine's mechanical system. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards applicable to these airplanes. These special conditions were issued and effective in December 2003; however, they were inadvertently not published. This document is being published with the same effective date to correct that oversight.

We, the U.S. Fish and Wildlife Service (Service), under the authority of the Endangered Species Act of 1973 (Act), as amended, propose to remove the Arizona distinct population segment (DPS) of the cactus ferruginous pygmy-owl (Glaucidium brasilianum cactorum) (pygmy- owl) from the Federal List of Endangered and Threatened Wildlife and accordingly to eliminate its designated critical habitat. The Arizona DPS of the pygmy-owl was listed as endangered on March 10, 1997 (62 FR 10730), and critical habitat was designated on July 12, 1999 (64 FR 37419). On January 9, 2001, a coalition of plaintiffs filed a lawsuit with the District Court of Arizona challenging the validity of our listing of the pygmy-owl as a DPS and the designation of its critical habitat. After the District Court of Arizona remanded the designation of critical habitat (National Association of Home Builders et al. v. Norton, Civ.-00-0903-PHX-SRB), we proposed a new critical habitat designation on November 27, 2002 (67 FR 7102). Ultimately, as a result of this lawsuit, the United States Court of Appeals for the Ninth Circuit issued an opinion on August 19, 2003, stating that ``the FWS acted arbitrarily and capriciously in designating the Arizona pygmy-owl population as a DPS under the DPS Policy'' (National Association of Home Builders v. Norton, 340 F. 3d 835, 852 (9th Cir. 2003)). In light of the Ninth Circuit's opinion, we have reassessed the application of the DPS significance criteria to the Arizona pygmy-owl. Based on our assessment, we do not believe that the available information and science satisfy the criteria to indicate that pygmy-owls in Arizona are an entity that qualifies for listing under the Act. Accordingly, we propose to remove the Arizona population of pygmy-owls from the list in 50 CFR 17.11, remove the critical habitat designation for this population at 50 CFR 17.95, and withdraw our November 27, 2002, proposed rule to designate new critical habitat.

The Department of the Army proposes to amend its regulation on Army Board for Correction of Military Records to be in compliance with the United States District Court for the District of Columbia decision (Daniel J. Lipsman v. Secretary of the ArmyCivil Action No. 02-0151 (RMU), Document Nos. 18, 20, decided September 7, 2004, 2004 U.S. Dist. LEXIS 17866).

The Department of the Interior (the Department) adopts the authority established under the Debt Collection Improvement Act (DCIA) to use administrative wage garnishment to collect delinquent non-tax debts. The DCIA allows a Federal agency collecting delinquent non-tax debt from an employee of a non-Federal entity to issue a wage garnishment order without first obtaining a court order. In order to establish procedures enabling the Department to use this authority, the Department adopts, without change, the administrative wage garnishment regulations issued by the Department of the Treasury, and designates the Office of Hearings and Appeals to conduct hearings under this authority.

On April 30, 2004, EPA published the first phase of its final rule to implement the 8-Hour Ozone National Ambient Air Quality Standard (NAAQS) (Phase 1 Rule). At that same time, EPA also published 8-hour ozone designations for all areas of the country. For most areas, the 8-hour ozone designations became effective on June 15, 2004. The Phase 1 Rule provided that the 1-hour ozone NAAQS would no longer apply (i.e., would be revoked) for an area 1 year following the effective date of the area's designation for the 8-hour ozone NAAQS. This rule codifies the revocation of the 1-hour standard for those areas with effective 8-hour ozone designations. Because the Phase 1 Rule, as modified in a recent reconsideration rule, also provided that certain 1-hour nonattainment and maintenance obligations that applied as of the effective date of designation for the 8-hour NAAQS remain in place for an area, we are retaining the tables in 40 CFR part 81 that identify each area's 1-hour designation and classification status as of the effective date of the 8-hour designation for the area. The regulatory changes do not modify the tables for Early Action Compact areas for which the 1-hour NAAQS continues to apply. In addition, today's rule makes a technical correction to the last sentence in 40 CFR 51.905(c)(1) to reference 40 CFR part 81, subpart C as identifying the boundaries of areas and the area designations and classifications for the 1-hour ozone NAAQS that were in place as of the effective date of designation of the area for the 8-hour NAAQS. This rule eliminates the reservation of subpart E of part 81 for the above identification purpose.

The Commission, on its own motion, editorially amends the Table of FM Allotments to specify the actual classes of channels allotted to various communities. The changes in channel classifications have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of Section 73.3573(a)(1) of the Commission's Rules Concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), and Amendment of the Commission's Rules to permit FM Channel and Class Modifications by Applications, 8 FCC Rcd 4735 (1993).

This document grants a petition filed by GTM San Luis Obispo, licensee of Station KLRM(FM), San Luis Obispo, California, by substituting Channel 245B1 for Channel 246B1 at San Luis Obispo, California, reallotting Channel 245B1 from San Luis Obispo to Lost Hills, California, as its second local service, and modifying the Station KLRM(FM) license accordingly. See 69 FR 34115, published June 18, 2004. This document also dismisses a petition filed by 105 Mountain Air, Inc. requests the allotment of Channel 245A at Maricopa, California, as its second local service because no continued expression of interest was filed. It is the Commission's policy to refrain from making a new allotment to a community absent a bona fide expression of interest. Channel 245B1 can be reallotted to Lost Hills, California in conformity with the Commission's rules, provided there is a site restriction of 16.6 kilometers (10.3 miles) south at coordinates 35-28- 00 NL and 119-41-00 WL.

The Audio Division request comments on a petition for rule making filed by Charles Crawford proposing the allotment of Channel 233A at Kiowa, Kansas, as the community's second local FM transmission service. Channel 233A can be allotted to Kiowa in compliance with the Commission's minimum distance separation requirements with a site restriction of 14.2 kilometers (8.9 miles) southeast to avoid short- spacings to the proposed allotment site for Channel 231C2 at Waynoka, Oklahoma, and to the licensed site for Station KCVW(FM), Channel 232C2, Kingman, Kansas. The coordinates for Channel 233A at Kiowa are 36-54-50 North Latitude and 98-23-27 West Longitude.

This document requests comments on a Petition for Rule Making filed by Charles Crawford requesting the allotment of Channel 267A at Rosebud, Texas, as that community's first local aural transmission service. To accommodate this allotment, Petitioner requests a change in reference coordinates for vacant FM Channel 267A at Madisonville, Texas, which requires the reclassification of FM Station KNUE, Channel 268C, Tyler, Texas, to specify operation on Channel 268C0 pursuant to the reclassification procedures adopted by the Commission. See Second Report and Order in MM Docket 98-93, 1998 Biennial Regulatory Review Streamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, 65 FR 79773 (2000). An Order to Show Cause was issued to Capstar Royalty II Coporation, licensee of FM Station KNUE. Channel 267A can be allotted with a site restriction 9.1 kilometers (5.6 miles) southwest at reference coordinates 31-01-44 NL and 97-03-31 WL. To accommodate the proposed Rosebud allotment, we will propose the relocation of the reference coordinates for vacant Channel 267A at Madisonville, TX, with a site restriction of 11.6 kilometers (7.2 miles) northeast of Madisonville at reference coordinates 31-02-22 NL and 95-51-00 WL.

The Audio Division, at the request of Charles Crawford allots Channel 233C3 at Tipton, Oklahoma, as the community's first local aural transmission service. See 70 FR 19407, published April 13, 2005. Channel 233C3 can be allotted to Tipton in compliance with the Commission's minimum distance separation requirements at the center of the community. The reference coordinates for Channel 233C3 at Tipton are 34-32-30 North Latitude and 99-14-10 West Longitude with a site restriction of 9.8 kilometers (6.1 miles) northwest of Tipton. A filing window for Channel 233C3 at Tipton, Oklahoma will not be opened at this time. Instead, the issue of opening a filing window for this channel will be addressed by the Commission in a subsequent order.

The Audio Division, at the request of Jeraldine Anderson allots Channel 249A at Roby, Texas, as the community's first local aural transmission service. To accommodate the allotment, Channel 251C2 is substituted for Channel 251C1 at Anson, Texas to reflect the current licensed authorization of Station KTLT(FM) whose construction permit for Channel 251C1 expired. See 70 FR 12833, published March 16, 2005. Channel 249A can be allotted to Roby in compliance with the Commission's minimum distance separation requirements at reference coordinates 32-43-00 North Latitude and 100-27-00 West Longitude with a site restriction of 7.5 kilometers (4.7 miles) southwest of the community. A filing window for Channel 249A at Roby, Texas will not be opened at this time. Instead, the issue of opening a filing window for this channel will be addressed by the Commission in a subsequent order.

The Audio Division, at the request of Farmworker Educational Radio Network, Inc., licensee of Station KRIT(FM), Channel 230C3, Parker, Arizona, and 3 Point Media-Prescott Valley, LLC, licensee of Station KKLD(FM), Channel 252C2, Prescott Valley, Arizona, deletes Channel 230C3 at Parker, Arizona, Channel 252C2 at Prescott Valley, Arizona, Channel 252A at Miami, Arizona, and Channel 252A at Ajo, Arizona, from the FM Table of Allotments, allots Channel 224B1 at Parker, Arizona, Channel 252C at Mayer, Arizona, as the community's first local FM service, Channel 270A at Miami, Arizona, and Channel 295A at Ajo, Arizona, modifies the license of FM Station KRIT to specify operation on Channel 224B1 at Parker, Arizona, modifies the License of FM Station KKLD to specify operation on Channel 252C at Mayer, Arizona, and modifies the License of FM Station KQSS to specify operation on Channel 270A at Miami, Arizona. Channel 224B1 can be allotted to Parker, Arizona, in compliance with the Commission's minimum distance separation requirements with a site restriction of 15.5 km (9.6 miles) northeast of Parker. The coordinates for Channel 224B1 at Parker, Arizona, are 34-16-00 North Latitude and 114-12-00 West Longitude. Channel 252C can be allotted to Mayer, Arizona, with a site restriction of 18.1 km (11.2 miles) southwest of Mayer. The coordinates for Channel 252C at Mayer, Arizona, are 34-15-03 North Latitude and 112-19-11 West Longitude. Channel 270A can be allotted to Miami, Arizona, with a site restriction of 9.8 km (6.1 miles) northeast of Miami. The coordinates for Channel 270A at Miami, Arizona, are 33-28-31 North Latitude and 110-48-51 West Longitude. Channel 295A can be allotted to Ajo, Arizona, with a site restriction of 0.3 km (0.2 miles) northeast of Ajo. The coordinates for Channel 295A at Ajo, Arizona, are 32-22-27 North Latitude and 112-51-49 West Longitude. Parker, Mayer, Miami, and Ajo, Arizona, all are located within 320 kilometers (199 miles) of the Mexican border, and therefore Mexican concurrence in the allotment changes will be required. Although concurrence has been requested for these allotment changes, notification has not been received. If a construction permit is granted for any of these allotments prior to the receipt of formal concurrence in the corresponding channel allotment by the Mexican government, the construction permit for that channel will include the following condition. ``Operation with the facilities specified for [name of community] herein is subject to modification, suspension, or termination without right to hearing, if found by the Commission to be necessary in order to conform to the USA-Mexico FM Broadcast Agreement, or if specifically objected to by the Government of Mexico.''

At the request of New South Communications, Inc., licensee of Station WUSJ(FM), Jackson, Mississippi, the Audio Division reallots Channel 242C0 from Jackson to Madison, Mississippi as the community's first local transmission service, and modifies the license for Station WUSJ (FM) to reflect the new community. See 70 FR 19396, April 13, 2005. Channel 242C0 is reallotted at Madison at petitioner's site 24.0 kilometers (14.9 miles) southwest of the community at coordinates 32- 11-29 NL and 90-24-22 WL.