September 7, 2005 – Federal Register Recent Federal Regulation Documents
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Diesel Particulate Matter Exposure of Underground Metal and Nonmetal Mines
We propose to revise the January 20, 2006 effective date of the existing diesel particulate matter (DPM) final concentration limit of 160 micrograms of total carbon (TC) per cubic meter of air (160TC[mu]g/m3) in the 2001 final rule ``Diesel Particulate Matter Exposure of Underground Metal and Nonmetal Miners,'' published in the Federal Register on January 19, 2001 (66 FR 5706). We are considering staggered effective dates for implementation of the final DPM limit, phased-in over a multi-year period, primarily based on feasibility issues that have surfaced since promulgation of the 2001 final rule. We also propose to delete the existing provision that restricts newer mines from applying for an extension of time for meeting the final concentration limit. In addition we are seeking specific comments and data on an appropriate conversion factor for the final DPM limit, technological implementation issues, and the costs and benefits of this rule. Finally, in this proposed rule, we are interested in comments on the appropriateness of including in a final rule a provision for medical evaluation of miners required to wear respiratory protection and transfer of miners who have been determined by a medical professional to be unable to wear a respirator. Specific questions regarding these issues are discussed within the appropriate sections in the preamble. These questions are italicized for ease of the reader.
WRC-03 Omnibus
On August 10, 2005, (70 FR 46576) the Commission published final rules in a Report and Order, which implemented allocation changes to the frequency range between 5900 kHz and 27.5 GHz in furtherance of decisions that were made at the World Radiocommunication Conference (Geneva 2003) (WRC-03). This document contains corrections to 47 CFR 2.101 and 2.106.
Modifying the Commission's Process To Avert Harm to U.S. Competition and U.S. Customers Caused by Anticompetitive Conduct
This document is a summary of the Notice of Inquiry that was adopted by the Commission. The Notice of Inquiry seeks comment on ways to address a developing concern in the U.S.-international telecommunications market: the use of circuit blockages or disruptions by foreign carriers as a way to compel U.S. carriers to agree to settlement rate increases. The record developed by this Notice on Inquiry would assist the Commission in determining whether to propose changes to current Commission policy and procedure in order to ensure that U.S. consumers benefit from competitive prices as they make international calls.
Implementation of Section 210 of the Satellite Home Viewer Extension and Reauthorization Act of 2004 To Amend Section 338 of the Communications Act
The Federal Communications Commission is correcting a Final Rule summary that was published in the Federal Register on August 31, 2005 (70 FR 51658). In this document, the Commission corrects paragraph (c)(6) of the 47 CFR 76.66.
Endangered and Threatened Wildlife and Plants; Proposed Rule To Remove the Arizona Distinct Population Segment of the Cactus Ferruginous Pygmy-owl From the Federal List of Endangered and Threatened Wildlife; Proposal To Withdraw the Proposed Rule To Designate Critical Habitat
We, the U.S. Fish and Wildlife Service (Service), announce that we will hold a public hearing (see DATES and ADDRESSES sections) on our proposed rule 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, eliminate its currently designated critical habitat, and to withdraw its proposed new critical habitat. This public hearing will allow all interested parties an opportunity to comment on our proposed actions.
Rules Concerning Certification of the Electric Reliability Organization; and Procedures for the Establishment, Approval, and Enforcement of Electric Reliability Standards
Pursuant to Subtitle A (Reliability Standards) of the Electricity Modernization Act of 2005, which added a new section 215 to the Federal Power Act (FPA), the Commission is proposing to amend its regulations to incorporate: (1) Criteria that an entity must satisfy in order to qualify to be the Electric Reliability Organization (ERO) that will propose and enforce Reliability Standards for the Bulk-Power System in the United States, subject to Commission approval; (2) Procedures governing enforcement actions by the ERO and the Commission; (3) Criteria under which the ERO may enter into an agreement to delegate authority to a Regional Entity for the purpose of proposing Reliability Standards to the ERO and enforcing Reliability Standards; (4) Procedures for the establishment of Regional Advisory Bodies that may provide advice to the Commission, the ERO or a Regional Entity on matters of governance, applicable Reliability Standards, the reasonableness of proposed fees within a region, and any other responsibilities requested by the Commission; (5) Regulations governing the issuance of periodic reliability reports by the ERO that assess the reliability and adequacy of the Bulk-Power System in North America; and (6) Regulations pertaining to the funding of the ERO.
Atlantic Highly Migratory Species; Amendments to the Fishery Management Plan (FMP) for Atlantic Tunas, Swordfish, and Sharks and the FMP for Atlantic Billfish
Due to the damage caused by Hurricane Katrina, NMFS is cancelling two public hearings on the draft consolidated Highly Migratory Species (HMS) Fishery Management Plan (FMP) and proposed rule that were scheduled for September 6 and September 8, 2005, in Orange Beach, AL, and New Orleans, LA, respectively. NMFS intends to reschedule the September 6 Orange Beach and September 8 New Orleans public hearings at a later date. In addition, NMFS has changed the location and time of the public hearing that was scheduled to be held in Fort Lauderdale, FL, on October 3, 2005, at the African American Arts and Cultural Center Research Library. The draft consolidated HMS FMP and the proposed rule describe a range of management measures that could impact fishermen and dealers for all HMS fisheries.
Safety Zone; Lower Mississippi River (LMR), Greenville, MS
The Coast Guard is establishing a temporary safety zone for certain waters of the Lower Mississippi River. This safety zone is needed to protect persons and vessels from the potential safety hazards associated with the New Greenville Bridge construction. Entry into this zone is prohibited to all vessels and mariners unless specifically authorized by the Captain of the Port (COTP) Lower Mississippi River or a designated representative.
Drawbridge Operation Regulations; New Jersey Intracoastal Waterway, Inside Thorofare, Ventnor City, NJ
The Commander, Fifth Coast Guard District, has approved a temporary deviation from the regulations governing the operation of the Dorset Avenue Bridge, at New Jersey Intracoastal Waterway (ICW) mile 72.1, across the Inside Thorofare at Ventnor City, New Jersey. To facilitate removal and replacement of deck lift spans, the temporary deviation would allow partial openings of the drawbridge.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Petition for Emergency Rulemaking for Red Snapper
NMFS announces its decision to deny a petition for emergency or interim rulemaking under the Administrative Procedure Act (APA) and Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act). The Coastal Conservation Association (CCA), a marine conservation group composed of approximately 90,000 members, petitioned the U.S. Department of Commerce to immediately promulgate an emergency or interim rule under the Magnuson-Stevens Act to prevent overfishing of red snapper resulting from bycatch in the shrimp trawl fishery of the Gulf of Mexico. NMFS finds the emergency or interim rulemaking is not warranted, and additional management measures to end overfishing of red snapper would better be addressed through a Gulf of Mexico Fishery Management Council (Council) regulatory amendment and development of a fishery management plan (FMP) amendment.
Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel in the Bering Sea and Aleutian Islands Management Area
NMFS is prohibiting directed fishing for Atka mackerel with gears other than jig in the Eastern Aleutian District and the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2005 total allowable catch (TAC) of Atka mackerel in these areas. NMFS is also announcing the opening and closure dates of the first and second directed fisheries within the harvest limit area (HLA) in Statistical Areas 542 and 543. These actions are necessary to prevent exceeding the HLA limits established for the Central (area 542) and Western (area 543) Aleutian Districts pursuant to the 2005 Atka mackerel TAC.
Rules and Regulations Implementing the Minimum Customer Account Record Exchange Obligations on All Local and Interexchange Carriers
In this document, the Commission seeks comment on proposed modifications/clarifications to rules governing the exchange of customer account information between local and long distance carriers.
Justice Management Division; Privacy Act of 1974; Implementation
The Department of Justice (DOJ), Justice Management Division (JMD), proposes to exempt from certain subsections of the Privacy Act, a new Privacy Act system of records entitled ``Federal Bureau of Investigation Whistleblower Case Files, JMD-023,'' as described in today's notice section of the Federal Register. The system maintains all documents and evidence filed with the Director of the Office of Attorney Recruitment and Management (OARM), JMD, pertaining to requests for corrective action by employees of, or applicants for employment with, the Federal Bureau of Investigation (FBI) (or recommendations for corrective action by the Office of the Inspector General or Office of Professional Responsibility) brought under the FBI's whistleblower regulations.
Use of Materials Derived From Cattle in Human Food and Cosmetics
The Food and Drug Administration (FDA) is amending the interim final rule on use of materials derived from cattle in human food and cosmetics published in the Federal Register of July 14, 2004. In the July 14, 2004, interim final rule, FDA designated certain materials from cattle, including the entire small intestine, as ``prohibited cattle materials'' and banned the use of such materials in human food, including dietary supplements, and in cosmetics. FDA is taking this action in response to comments received on the interim final rule. Information was provided in comments that persuaded the agency that the distal ileum, one of three portions of the small intestine, could be consistently and effectively removed from the small intestine, such that the remainder of the small intestine, formerly a prohibited cattle material, could be used for human food or cosmetics. We (FDA) are also clarifying that milk and milk products, hide and hide-derived products, and tallow derivatives are not prohibited cattle materials. Comments also led the agency to reconsider the method cited in the interim final rule for determining insoluble impurities in tallow and to cite instead a method that is less costly to use and requires less specialized equipment. FDA issued the interim final rule to minimize human exposure to materials that scientific studies have demonstrated are highly likely to contain the bovine spongiform encephalopathy (BSE) agent in cattle infected with the disease. FDA believes that the amended provisions of the interim final rule provide the same level of protection from human exposure to the agent that causes BSE as the original provisions.
Transfer of Sugar Program Marketing Allocations
The Commodity Credit Corporation (CCC) proposes several changes to the sugar program regulations. First, CCC proposes to amend the regulations for transferring sugar marketing allocation when a mill closes and growers request to move their allocation. Second, CCC proposes imposing a regulatory deadline for the program's information reporting requirements. The required monthly information would be due on the 20th of each month. Third, CCC proposes to amend the requirements for the maintenance and inspection of records to require each cane processor, cane refiner and beet processor to provide an annual report by a Certified Public Accountant (CPA) that verifies the company's data submitted to CCC.
Prohibition of the Use of Specified Risk Materials for Human Food and Requirements for the Disposition of Non-Ambulatory Disabled Cattle
The Food Safety and Inspection Service (FSIS) is amending its interim final rule, ``Prohibition of the Use of Specified Risk Materials for Human Food and Requirements for the Disposition of Non- Ambulatory Cattle,'' published in the Federal Register on January 12, 2004. The amendments permit beef small intestine, excluding the distal ileum, to be used for human food, provided that such product is derived from cattle that were slaughtered in an official establishment in the United States or in a certified foreign establishment from a foreign country that is eligible to export beef products to the United States. Although the distal ileum is the only portion of the small intestine in which BSE infectivity has been confirmed, the January 2004 interim final rule requires that the entire small intestine of all cattle be removed and disposed of as inedible. FSIS is taking this action based on the Agency's evaluation of this issue and of the comments received on the interim final rule, as well as comments received on an advance notice of proposed rulemaking published in July 2004. FSIS has concluded that the distal ileum can be effectively removed from the rest of the small intestine. FSIS has determined that removal of the distal ileum in accordance with the amendments in this document will provide the same level of protection from human exposure to the BSE agent as does the exclusion of the entire small intestine from the human food supply.
Endangered and Threatened Wildlife and Plants: Notice of Receipt of an Application for an Incidental Take Permit (ITP) and Availability and Opening of Comment Period for a Draft Environment Assessment (EA) Habitat Conservation Plan (HCP) for the West Virginia Northern Flying Squirrel in Association With Snowshoe Mountain, Incorporated, Pocahontas County, WV
This notice advises the public that Snowshoe Mountain, Incorporated (SMI) has applied to the U.S. Fish and Wildlife Service (Service) for an ITP pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 (ESA), as amended. The application has been assigned permit number TE-102380. The proposed permit would authorize the incidental take of a federally endangered species, the West Virginia northern flying squirrel (WVNFS) (Glaucomys sabrinus fuscus), known to occur throughout the property owned by the applicant at Snowshoe Mountain Resort, Pocahontas County, West Virginia. The proposed taking is incidental to a planned recreation and infrastructure expansion project on approximately 43 acres owned by SMI. The permit would be in effect for up to 10 years depending on completion of the proposed activities. The Service announces the receipt of the SMI ITP application and the availability of the proposed Recreation and Infrastructure Expansion at Snowshoe Mountain HCP which accompanies the ITP application, for public comment. In addition, the Service also announces the availability of a draft EA for the proposed issuance of the ITP. This notice is provided pursuant to the section 10(c) of the ESA and National Environmental Policy Act of 1969 (NEPA) regulations (40 CFR 1506.6). The Service will evaluate the application, associated documents, and comments submitted thereon to determine whether the application meets the requirements of NEPA regulations and section 10(a) of the ESA. If it is determined that the requirements are met, a permit will be issued for the incidental take of the WVNFS. The final NEPA and permit determinations will not be completed until after the end of the 60-day comment period and will fully consider all public comments received during the comment period.
Airworthiness Directives; Boeing Model 767-200 and -300 Series Airplanes
The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 767-200 and -300 series airplanes. This proposed AD would require replacing the placards on certain stowage bins with new placards, installing partial dividers in certain other stowage bins, and installing straps on stowage bins containing life rafts. For certain airplanes, this proposed AD would also require related concurrent actions. This proposed AD results from test data indicating that outboard overhead stowage bins are unable to withstand the 4.5g down-load standard intended to protect passengers during flight turbulence or a hard landing. We are proposing this AD to prevent the stowage bins from opening during flight turbulence or a hard landing, which could result in the contents of the stowage bins falling onto the passenger seats below and injuring passengers, or blocking the aisles, impeding the evacuation of passengers in an emergency.
Technical Amendments to Chapter 1 of Title 19 of the Code of Federal Regulations
This document amends Title 19 of the Code of Federal Regulations by making technical corrections to certain authority citations to reflect amendments to the Harmonized Tariff Schedule of the United States effected by the President's Proclamation of December 30, 2003, to implement the United States-Singapore Free Trade Agreement.
Federal Motor Vehicle Safety Standards; Tire Pressure Monitoring Systems
This document responds to petitions for reconsideration requesting changes in our April 8, 2005 final rule establishing a new Federal motor vehicle safety standard (FMVSS) requiring installation in new light vehicles of a tire pressure monitoring system (TPMS) capable of detecting when one or more of a vehicle's tires is significantly under-inflated. The petitions for reconsideration are granted in part and denied in part, and through this document, we are amending the standard and related provisions accordingly.
Notice of Regulatory Review
The Office of Federal Housing Enterprise Oversight (OFHEO) is issuing notice of a regulatory review that will be conducted in accordance with the process set forth in OFHEO Policy Guidance titled, ``Regulatory Review,'' which was issued on April 2, 2001 (Doc. : PG-01-001) (Policy Guidance). OFHEO will review its regulations to consider whether existing regulations have become inefficient or create unwarranted burden, and will identify possible revisions where such conditions are found. OFHEO is seeking public comment on its regulations for consideration in the regulatory review.
Proposed Changes to Arbitration Policies, Functions, and Procedures
This document extends the comment period for the proposed rule published on July 7, 2005 at 70 FR page 39209. The Federal Mediation and Conciliation Service (FMCS) is proposing to revise 29 CFR part 1404, Arbitration Services. The revisions are intended to set forth the criteria and procedures for listing on the arbitration roster, removal from the arbitration roster, and expedited arbitration processing. Other changes include how parties may request arbitration lists or panels and fees associated with the arbitrators. The purpose of these changes is to facilitate the management and administration of the arbitration roster.
Department of Defense Privacy Program
The Department of Defense is proposing to update policies and responsibilities for the Defense Privacy Program which implements the Privacy Act of 1974 by showing organizational changes and realignments and by revising referenced statutory and regulatory authority.
Medical Devices; Immunology and Microbiology Devices; Classification of the Endotoxin Assay; Technical Amendment
The Food and Drug Administration (FDA) published a final rule in the Federal Register of October 31, 2003 (68 FR 62007). The final rule classified the endotoxin assay into class II (special controls). The agency classified the device into class II (special controls) in order to provide reasonable assurance of safety and effectiveness of the device. FDA is amending the agency's regulations to redesignate the section number listed in the Code of Federal Regulations (CFR) from Sec. 866.3610 to Sec. 866.3210.
Oil and Gas Leasing: Onshore Oil and Gas Operations-Fees, Rentals and Royalty Stripper Well Royalty Reductions Retention of Records
The Bureau of Land Management (BLM) is revising the regulations to require that records supporting a stripper well royalty reduction be retained for seven years from the last date that an operator claims the reduction.
Airworthiness Directives; Boeing Model 757-200 and -300 Series Airplanes and Model 767 Series Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 757-200 and -300 series airplanes and Model 767 series airplanes. This AD requires replacing the existing operational software of the Pegasus flight management computer (FMC) system with new, improved operational software. This AD results from reports of ``old'' or expired air traffic control (ATC) clearance messages being displayed on the control display unit (CDU) of the FMC system during subsequent flights. We are issuing this AD to prevent display of ``old'' or expired ATC clearance messages on the CDU of subsequent flights, which could result in the airplane entering unauthorized airspace or following a flight path that does not provide minimum separation requirements between aircraft, and a consequent near miss or a mid-air collision.
Airworthiness Directives; Airbus Model A340-200 and A340-300 Series Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain Airbus Model A340-200 and A340-300 series airplanes. This AD requires a one-time inspection for discrepancies of the spotfacing for the pylon-to-engine attachment bolts on the pyramid forward fitting of the engine pylon, and repair if necessary. This AD results from a report that, during a routine inspection, it was found that the diameter of the spotfacings was too small for two of the pylon-to- engine attachment bolts on the pyramid forward fitting. We are issuing this AD to prevent reduced structural integrity of the pylon-to-engine attachment bolts on the pyramid forward fitting, which could result in separation of an engine from the airplane.
Nondiscrimination on the Basis of Disability in Air Travel-Medical Oxygen and Portable Respiration Assistive Devices
The Department of Transportation proposes to amend its rules implementing the Air Carrier Access Act of 1986, 14 CFR part 382, to provide greater accommodations in air travel for persons with respiratory disabilities. This notice of proposed rulemaking (NPRM) applies to U.S. air carriers and foreign air carriers operating flights in, to and from the U.S. The proposed rule establishes procedures within applicable U.S. and foreign safety rules for the carriage and use of portable respiration-related assistive devices and medical oxygen devices aboard commercial flights by passengers with disabilities.
Airworthiness Directives; Israel Aircraft Industries, Ltd., Model 1124 and 1124A Airplanes
The FAA is adopting a new airworthiness directive (AD) for all Israel Aircraft Industries, Ltd., Model 1124 and 1124A airplanes. This AD requires a one-time inspection for chafing of the electrical bundles in the overhead circuit breaker panel, and for adequate clearance between the fuselage frame and adjacent structures; and repair and rework if necessary. This AD results from reports of fire and smoke occurring in the passenger cabin. This AD also requires certain preventive actions. We are issuing this AD to prevent chafing of the electrical bundles in the overhead circuit breaker panel, which could result in a short circuit and consequent fire and smoke in the airplane.
Airworthiness Directives; Dassault Model Falcon 2000EX Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain Dassault Model Falcon 2000EX airplanes. This AD requires revising the airplane flight manual (AFM) to extend runway length limits for takeoff and landing. This AD also provides for an optional terminating action for the AFM revision. This AD results from an event in which braking efficiency was temporarily lost during landing, but was recovered after the flightcrew fully released and then reapplied the brakes. We are issuing this AD to prevent a runway overrun in the event of loss of braking function, which could result in injury to passengers or flightcrew and damage to the airplane.
Radio Broadcasting Services; Charlotte and Grand Ledge, MI
In response to a Notice of Proposed Rule Making, 68 FR 62554 (November 5, 2003), this Report and Order substitutes Channel 225A for Channel 224A, at FM Station WQTX, Charlotte, Michigan, reallots Channel 225A to Grand Ledge, Michigan, and modifies Station WQTX's license accordingly. The coordinates for Channel 225A at Grand Ledge Michigan are 42-42-17 NL and 84-37-20 WL, with a site restriction of 11.5 kilometers (7.2 miles) southeast of Grande Ledge.
Radio Broadcasting Services; Beaumont and Dayton, TX
At the request of Liberman Broadcasting of Houston License Corp., the Audio Division dismisses a rulemaking petition to reallot and change the community of license for Station KQQK(FM), Channel 300C, from Beaumont to Dayton, Texas, and terminates this rulemaking proceeding. See 65 FR 4401, January 27, 2000. The withdrawal of the rulemaking petition complies with Section 1.420(j) of the Commission's rules. See also SUPPLEMENTARY INFORMATION.
Radio Broadcasting Services; Leesville and New Llano, LA
This document grants a petition filed by Charles Crawford, proposing the allotment of Channel 252C3 at New Llano, Louisiana, as the community's first local service. See 69 FR 61616, published October 20, 2004. This document also substitutes Channel 224A for vacant Channel 252A at Leesville, Louisiana to accommodate Channel 252C3 at New Llano, Louisiana. Channel 252C3 can be allotted to New Llano in compliance with the Commission's rules provided there is a site restriction of 10 kilometers (6.2 miles) north of New Llano at reference coordinates 31-12-18 North Latitude and 93-16-11 West Longitude. The site restriction is necessary to prevent short-spacing to the license sites of FM Stations KTJM, Channel 253C, Port Arthur, Texas and Station KKST, Channel 254C1, Oakdale, Louisiana. Additionally, Channel 224A can be allotted to Leesville in compliance with the Commission's rules provided there is a site restriction of 12.6 kilometers (7.8 miles) east of Leesville at reference coordinates 31-07-40 North Latitude and 93-08-03 West Longitude. The site restriction is necessary to prevent short-spacing to the license site of FM Station KJVC, Channel 224A, Mansfield, Louisiana.
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