August 2005 – Federal Register Recent Federal Regulation Documents

The FAA proposes to adopt a new airworthiness directive (AD) for all Gulfstream Model GV and certain Model GV-SP series airplanes. This proposed AD would require a one-time inspection of the left and right aileron and elevator actuators to determine the part and serial numbers of each actuator, repetitive inspections of suspect actuators to detect broken damper shafts, and replacement of any actuator having a broken damper shaft. This proposed AD would also require that operators report any broken damper shaft they find to the FAA. This proposed AD also would provide an optional terminating action for the repetitive inspection requirements of this proposed AD. This proposed AD is prompted by reports of broken or cracked damper shafts within the aileron and elevator actuator assemblies. We are proposing this AD to detect and correct broken damper shafts, which could result in locking of an aileron or elevator actuator (hard-over condition), which would activate the hard-over protection system (HOPS), resulting in increased pilot workload and consequent reduced controllability of the airplane.

The FDIC is proposing to promulgate a regulation that would clarify the insurance coverage of funds subject to transfer or withdrawal through the use of stored value cards and other nontraditional access mechanisms. This proposed rule is a revision of a proposed rule published by the FDIC in April of 2004 (the ``First Proposed Rule''). See 69 FR 20558 (April 16, 2004). The purpose of the revised proposed rule (the ``Second Proposed Rule'') is to address certain issues raised by commenters in response to the original proposal. Through the Second Proposed Rule, the FDIC would add a new subsection to part 330 of title 12 of the Code of Federal Regulations. The new subsection would promote accuracy and consistency by insured depository institutions in reporting ``deposits'' for inclusion in an institution's assessment base. Also, the new subsection would provide guidance to the public about the insurance coverage of funds underlying nontraditional access mechanisms.

The United States Coast Guard will meet to discuss the comments received relating to the Notice of Proposed Rulemaking (NPRM) for Kenner Bend Anchorage as published in the Federal Register on Wednesday April 27, 2005.

The Commander, First Coast Guard District, has issued a temporary deviation from the drawbridge operation regulations to test an alternate drawbridge operation regulation for the Wantagh State Parkway Bridge, at mile 16.1, across Goose Creek, New York. Under this temporary 90-day deviation the bridge will open on signal once an hour, on the half hour, between 7:30 a.m. and 8:30 p.m. on Saturday, Sunday, and Federal holidays after a 30-minute advance notice is given. At all other times the bridge will open on signal after a 30-minute advance notice is given by calling the number posted at the bridge.

The Commander, First Coast Guard District, has issued a temporary deviation from the drawbridge operation regulations to test an alternate drawbridge operation regulation for the Loop Parkway Bridge, at mile 0.7, across Long Creek, New York. Under this temporary 90-day deviation the bridge will open on signal once an hour, on the half hour, between 7:30 a.m. and 8:30 p.m., and at all other times after a 30 minute advance notice is given by calling the number posted at the bridge. The bridge will open promptly on signal for commercial vessels at any time.

This action revises Very High Frequency Omni-directional Range (VOR) Federal Airways V-9, V-50, V-67, V-69, V-129, V-173 and V-233; and Jet Routes J-35, J-80, J-101 and J-137 over the Springfield, IL area. The FAA is taking this action due to the relocation of the Capital VOR/Tactical Air Navigation (VORTAC) and the renaming of the ``Capital VORTAC'' to the ``Spinner VORTAC'' to enhance the management of aircraft operations over the Springfield, IL area.

The Legal Services Corporation (``LSC'' or ``Corporation'') is amending its regulations relating to financial eligibility for LSC- funded legal services and client retainer agreements. The revisions are intended to reorganize the regulation to make it easier to read and follow; simplify and streamline the requirements of the rule to ease administrative burdens faced by LSC recipients in implementing the regulation and to aid LSC in enforcement of the regulation; and to clarify the focus of the regulation on the financial eligibility of applicants for LSC-funded legal services.

This document adds the text that was inadvertently omitted from the Code of Federal Regulations. The text was originally published in TD 9193, which was published in the Federal Register on Friday, March 22, 2005 (70 FR 14394). The final regulations relate to the tax treatment of installment obligations and property acquired pursuant to a contract.

The Environmental Protection Agency is proposing performance specifications (PS) that evaluate the acceptability of predictive emission monitoring systems (PEMS) when used on stationary sources. This PS is needed to provide sources and regulatory agencies with performance criteria for evaluating this new technology. The intended effect of this action is to establish standardized performance requirements that will be used to evaluate candidate PEMS uniformly. The affected industries and their Standard Industrial Classification codes are listed under SUPPLEMENTARY INFORMATION. In addition, we are proposing to make minor amendments to various testing provisions in the New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants for Source Categories (MACT) to correct inadvertent errors, make needed updates, and add flexibility.

The Bureau of Industry and Security (BIS) is publishing this final rule to amend the Export Administration Regulations (EAR) to implement the understandings reached at the April 2005 plenary meeting of the Australia Group (AG). Specifically, this final rule amends the EAR to implement changes to the AG ``Control List of Dual-Use Chemical Manufacturing Facilities and Equipment and Related Technology'' by revising the Commerce Control List (CCL) entry that controls certain pumps that can be used to make chemical weapons or AG-controlled precursor chemicals. This rule also amends the EAR to implement changes to the AG ``Control List of Dual-Use Biological Equipment'' by revising the CCL entry that controls equipment capable of use in handling biological materials to add certain spraying or fogging systems, spray booms or arrays of aerosol generating units, and components therefor. In addition, this rule amends the CCL entry that controls certain genetic elements and genetically modified organisms by revising the Technical Note in the entry to clarify the scope of the controls on genetic elements and genetically modified organisms that contain nucleic acid sequences associated with the pathogenicity of any AG- controlled microorganisms, consistent with the AG ``Control List of Biological Agents,'' the AG ``Control List of Animal Pathogens,'' and the AG ``Control List of Plant Pathogens.'' This rule also amends the EAR to reflect the addition of Ukraine to the Australia Group and updates the definition of ``Australia Group'' in the EAR to include a current listing of all participating countries. Finally, this rule updates the list of countries that currently are States Parties to the Chemical Weapons Convention (CWC) by adding ``Niue,'' which recently became a State Party. As a result of this change, the CW (Chemical Weapons) license requirements and policies in the EAR that apply to Niue now conform with those applicable to other CWC States Parties. This rule also clarifies the entry for the ``Netherlands'' on the list of CWC States Parties by adding a footnote to this entry to indicate that, for CWC purposes only, the Netherlands includes ``Aruba and the Netherlands Antilles.'' This rule further updates the list by removing ``Yugoslavia (Federal Republic of)'' and replacing it with ``Serbia and Montenegro.''

We are notifying the public that the Animal and Plant Health Inspection Service has received a petition requesting that specific standards be promulgated for the humane handling, care, treatment, and transportation of domestic ferrets. We are soliciting comments from the public regarding the petition, and whether we should continue to regulate the handling, care, treatment, and transportation of ferrets covered by the Animal Welfare Act under the general standards in the regulations, or promulgate specific standards for ferrets. We are also requesting comments regarding what should be included in any such standards.

This proposed rule would amend HUD's Home Equity Conversion Mortgage (HECM) Insurance program regulations to accommodate any state law that may prohibit the line-of-credit payment option currently available to HECM mortgagors. The amendments made by this rule would accommodate any such state law by making HECMs available within the parameters of the state law.

The OCC, Board, FDIC and OTS (the Agencies) propose to adopt rules to implement section 6303(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Intelligence Reform Act), which added a new section 10(k) to the Federal Deposit Insurance Act (FDI Act). Section 10(k) imposes post-employment restrictions on senior examiners of depository institutions and depository institution holding companies. Under section 10(k), a senior examiner employed or commissioned by an Agency may not knowingly accept compensation as an employee, officer, director, or consultant from certain depository institutions or depository institution holding companies he or she examined, or from certain related entities, for one year after the examiner leaves the employment or service of the Agency. If an examiner violates the one-year restriction, the statute requires the appropriate Federal banking agency to seek penalties. Accordingly, the examiner may be subject to an order of removal and prohibition or a civil money penalty of up to $250,000. The Agencies have the discretion to seek both types of remedy. Section 10(k) will become effective on December 17, 2005.

The FAA published a document on June 30, 2005 (70 FR 37656) concerning final special conditions for Diamond Aircraft Industries on the Diamond DA-42. There was an error in the preamble of the special conditions in the reference to the docket number. This document contains a correction to the docket number.

Today's final rule adds mercury-containing equipment to the federal list of universal wastes regulated under the Resource Conservation and Recovery Act (RCRA) hazardous waste regulations. Handlers of universal wastes are subject to less stringent standards for storing, transporting, and collecting these wastes. EPA has concluded that regulating spent mercury-containing equipment as a universal waste will lead to better management of this equipment and will facilitate compliance with hazardous waste requirements.

The Rural Utilities Service (RUS), an agency delivering the U.S. Department of Agriculture's Rural Development Utilities Programs, proposes amending certain regulations on telecommunications policies to include requirements presently contained in RUS Bulletin 345-3, ``Acceptance of Standards, Specifications, Equipment, Contract Forms, Manual Sections, Drawing, Materials and Equipment for the Telephone Program.'' This proposed rule would establish and codify provisions for RUS acceptance and Technical acceptance of materials used in telecommunications systems. This rule also proposes to integrate the existing regulatory sections on field trials into the procedure for product acceptance and inclusion in this codification, as well as to clarify and reorganize the field trial section. This rule would affect borrowers that are parties to planning and construction of telecommunication facilities with RUS funds and manufacturers and contractors providing products to RUS borrowers.

This regulation establishes time-limited tolerances for residues of tebuconazole in or on soybeans; poultry, meat; poultry, fat; poultry, meat byproducts; hog, meat; hog, fat; hog, meat byproducts; and eggs. This action is in conjunction with EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on soybeans. This regulation establishes maximum permissible levels for residues of tebuconazole in or on these food commodities. The tolerances will expire and are revoked on December 31, 2009.

EPA is updating the materials submitted by the State of Hawaii that are incorporated by reference (IBR) into the State of Hawaii State Implementation Plan (SIP). The regulations affected by this update have been previously submitted by the territorial agency and approved by EPA. This update affects the SIP materials that are available for public inspection at the Office of the Federal Register (OFR), Office of Air and Radiation Docket and Information, and the Regional Office.

The Commander, Eleventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Union Pacific Railroad Drawbridge across the Carquinez Strait, mile 7.0, at Martinez, CA. This deviation allows the bridge to remain in the closed-to-navigation position for the necessary replacement of drawspan Conley Joints.

This document proposes to establish Class E5 airspace at Gardner, KS.

The FAA proposes to codify current flight restrictions for certain aircraft operations in the Washington, DC Metropolitan Area. This action is necessary because of the ongoing threat of terrorist attacks. The FAA intends by this action to help the Department of Homeland Security and the Department of Defense protect national assets in the National Capital region.

This proposed rule sets forth the general requirements and procedures that would allow certain entities who are identified for exclusion from the Medicare program to request that CMS act on their behalf to recommend to the Inspector General that their exclusion from Medicare be waived because of a hardship that would result on Medicare beneficiaries. This proposed rule would implement section 949 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA).

The Office of Personnel Management (OPM) is issuing an interim regulation to amend its direct-hire authority regulations to allow non- Department of Defense agencies to recruit and appoint highly qualified individuals for certain Federal acquisition positions deemed as a shortage category under the Services Acquisition Reform Act.

The Office of Personnel Management (OPM) is publishing a proposed regulation to change the cost-of-living allowance (COLA) rates received by certain white-collar Federal and U.S. Postal Service employees in Alaska, Hawaii, Guam and the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands. The changes are the result of living-cost surveys conducted by OPM in 2002, 2003, and 2004.