September 2005 – Federal Register Recent Federal Regulation Documents

The Commodity Futures Trading Commission (Commission or CFTC) is proposing to amend Rule 1.3(bb) by adding to that rule a definition of the term ``client,'' as it relates to commodity trading advisors (CTAs) (Proposal). This would clarify inconsistencies in the Commission's regulations concerning the advisees of CTAs. The Proposal would also reflect the Commission's longstanding view that its antifraud authority extends to all CTAs, irrespective of whether they provide advice on a personalized or nonpersonalized basis.

This rule increases the assessment rate and changes the assessable unit established for the Kiwifruit Administrative Committee (Committee) for the 2005-06 and subsequent fiscal periods from $0.002 per pound of kiwifruit to $0.045 per 9-kilo volume-fill container or equivalent of kiwifruit. The Committee locally administers the marketing order which regulates the handling of kiwifruit grown in California. Assessments upon kiwifruit handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period began on August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

This action proposes to establish seven Area Navigation Instrument Flight Rules Terminal Transition Routes (RITTR) in the Jacksonville, FL, terminal area. RITTRs are low altitude Air Traffic Service routes, based on Area Navigation (RNAV), for use by aircraft having instrument flight rules (IFR)-approved Global Positioning System (GPS)/Global Navigation Satellite System (GNSS) equipment. The purpose of RITTR is to expedite the handling of IFR overflight aircraft through busy terminal airspace areas. The FAA is proposing this action to enhance the safe and efficient use of the navigable airspace in the Jacksonville, FL, terminal area. This proposed rulemaking action was originally published in the Federal Register on July 1, 2005 (70 FR 38053). On that date, the proposal was listed in the table of contents under Proposed Rules, ``Class E airspace,'' rather than ``Area navigation routes.'' Following the close of the comment period, the FAA was contacted by an aviation organization stating that they had not seen the NPRM for this action and desired to submit comments. It was determined that no comments had been received during the comment period. Therefore, the FAA has decided to reopen the comment period for 30 days to provide an additional opportunity for any similarly affected parties to submit comments.

This regulation establishes an exemption from the requirement of a tolerance for residues of the Muscodor albus (M. albus) QST 20799 and the volatiles produced on its rehydration on all food commodities when applied or used for all agricultural applications, including seed, propagule and post harvest treatments. This action is in response to a pesticide petition submitted to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of M. albus QST 20799 and the volatiles produced on its rehydration.

In this document, the Federal Communication Commission (FCC) invited commenters to propose revisions to part 23 of the Commission's rules, governing International Fixed Public Radiocommunication Services (IFRS). Because no one proposed any revisions to part 23, we terminate our consideration of part 23 issues in this context of IB Docket 00- 248.

The Federal Communications Commission published a document in the Federal Register on November 22, 2004 (69 FR 67823), revising Commission rules. That document inadvertently deleted 900 MHz frequencies available in Sec. 90.613. This document corrects the final regulations by revising Sec. 90.613 to add the deleted 900 MHz frequencies.

This rule prescribes special late-season migratory bird hunting regulations for certain tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. This rule responds to tribal requests for U.S. Fish and Wildlife Service (hereinafter Service or we) recognition of their authority to regulate hunting under established guidelines. This rule allows the establishment of season bag limits and, thus, harvest at levels compatible with populations and habitat conditions.

The EPA is approving revisions to the Texas Ozone State Implementation Plan (SIP). This approval incorporates the Transportation Control Measures, submitted by the Governor of Texas on April 25, 2000 (as substituted by the Texas Commission on Environmental Quality on January 14, 2004), into the SIP for the Dallas/Fort Worth Ozone Nonattainment Area. The inclusion of Transportation Control Measures in the SIP fulfills one requirement found under Section 182(c)(5) of the Federal Clean Air Act which provides that serious ozone nonattainment areas incorporate such measures into the state air quality plan. This action also fulfills of EPA's obligations under a Federal district court Consent Decree to act on these measures (70 FR 32326).

South Dakota has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has determined that these changes satisfy all requirements needed to qualify for Final authorization and is proposing to authorize the State's changes through this proposed final action. Title 40 of the Code of Federal Regulations (CFR) Part 272 is used by EPA to codify its decision to authorize individual State programs and incorporates by reference those provisions of the State statutes and regulations that are subject to EPA's inspection and enforcement authorities as authorized provisions of the State's program. This action also proposes to codify the authorized provisions of the South Dakota regulations. Finally, today's document corrects errors made in the State authorization citations published in the August 10, 1999 and November 3, 2003 Federal Register authorization documents for South Dakota.

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, and A340-541 and A340-642 airplanes. This proposed AD would require inspecting to determine if certain emergency escape slides/slide rafts (referred to as slide/rafts) are installed in certain crew/passenger doors; and, if so, performing a one-time inspection to determine if the electrical harnesses of the slide/rafts are properly routed, and rerouting the harnesses if necessary. This proposed AD results from a report that a slide/raft failed to deploy properly during a deployment test. We are proposing this AD to detect and correct improper routing of the electrical harnesses of certain slide/rafts, which could prevent proper deployment of the slide/rafts and delay evacuation of passengers and flightcrew during an emergency.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Boeing Model 767-200, -300, and -300F series airplanes. The existing AD currently requires repetitive inspections of the lubrication passage and link assembly joint in the inboard and outboard flaps of the trailing edge for discrepancies, and corrective action if necessary. This proposed AD would require new inspections for cracking or severe wear of the bearings of the link assembly, and corrective actions if necessary. This proposed AD would also require inspecting any link assembly not previously inspected for damage and replacing it with a new assembly if necessary. This proposed AD also ends the existing repetitive inspections for certain airplanes, and extends the repetitive interval for the existing repetitive inspections and the compliance time for the corrective action on certain other airplanes. This proposed AD also provides an optional terminating action that would end the repetitive inspections. This proposed AD results from additional reports indicating fractured bearings of the link assembly joint in the inboard and outboard flaps of the trailing edge. We are proposing this AD to prevent failure of the bearings in the link assembly joint, which could result in separation of the inboard or outboard flap and consequent loss of control of the airplane.

This document corrects a notice of proposed rulemaking and notice of public hearing (REG-156518-04) that was published in the Federal Register on Friday, August 12, 2005 (70 FR 47155). The document contains regulations relating to the anti-cutback rules of section 411(d)(6) of the Internal Revenue Code, which generally protect accrued benefits, early retirement benefits, retirement-type subsidies, and optional forms of benefit under qualified retirement plans.

The Commander, First Coast Guard District, has issued a temporary deviation from the drawbridge operation regulations for the Northern Avenue Bridge, mile 0.1, across Fort Point Channel at Boston, Massachusetts. A one-hour advance notice will be required for bridge openings from 7 a.m. to 11 p.m., September 15, 2005 through October 31, 2005, and from 7 a.m. to 3 p.m., November 1, 2005 through November 14, 2005. This temporary deviation is necessary to facilitate bridge maintenance repairs.

The Coast Guard is establishing temporary special local regulations during the ``Cambridge Offshore Challenge'', a marine event to be held on the waters of the Choptank River at Cambridge, Maryland. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in the Choptank River during the event.

This final rule amends the FAA's regulations on the crashworthiness of passenger and flight attendant seats on transport category airplanes used in part 121 passenger-carrying operations. This final rule requires those transport category airplanes type- certificated after January 1, 1958 which have not yet been manufactured that are used in part 121 passenger-carrying operations to have passenger and flight attendant seats that meet the current improved crashworthiness standards. This action is necessary because research, accident data, and analysis show that these improvements provide increased occupant protection in airplanes involved in impact- survivable accidents.

This action proposes to establish 16 high altitude area navigation (RNAV) routes in the South Central United States to support the High Altitude Redesign (HAR) program. The FAA is proposing this action to enhance safety and to improve the efficient use of the navigable airspace.

This document confirms the effective date of the direct final rule which revises Class E airspace at Dodge City Regional Airport, KS.

This document confirms the effective date of the direct final rule which revises Class E airspace at Norfolk, NE.

The Minor Use and Minor Species Animal Health Act of 2004 (MUMS act) amended the Federal Food, Drug, and Cosmetic Act (the act) to establish new regulatory procedures that provide incentives intended to make more drugs legally available to veterinarians and animal owners for the treatment of minor animal species and uncommon diseases in major animal species. At this time, FDA is issuing proposed regulations to implement the act. These regulations propose procedures for designating a new animal drug as a minor use or minor species drug. Such designation establishes eligibility for the incentives provided by the MUMS act.

The FAA is adopting a new airworthiness directive (AD) for Teledyne Continental Motors (TCM) GTSIO-520 series reciprocating engines. This AD requires initial and repetitive visual inspections of the starter adapter assembly and crankshaft gear. This AD also requires unscheduled visual inspections of the starter adapter assembly and crankshaft gear due to a rough-running engine. This AD also requires replacement of the starter adapter shaft gear needle bearing with a certain bushing. Also, this AD requires installation of a certain TCM service kit at the next engine overhaul, or at the next starter adapter replacement, whichever occurs first. This AD results from six service difficulty reports and one fatal accident report received related to failed starter adapter assemblies. We are issuing this AD to prevent failure of the starter adapter assembly and or crankshaft gear, resulting in failure of the engine and possible forced landing.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This AD requires repetitive inspections of the intercostal webs, attachment clips, and stringer splice channels for cracks; and corrective action if necessary. This AD is prompted by reports of fatigue cracks on several Boeing Model 737-200 series airplanes. We are issuing this AD to detect and correct fatigue cracking of the intercostals on the forward and aft sides of the forward entry door, which could result in loss of the forward entry door and rapid decompression of the airplane.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the proposed designation of critical habitat for Astragalus lentiginosus var. coachellae (Coachella Valley milk-vetch), and the availability of a draft economic analysis of the proposed designation of critical habitat. 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 on this proposed rule need not be resubmitted as they have already been incorporated into the public record and will be fully considered in our final determination.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This AD requires repetitive eddy current inspections for cracks of the countersunk rivet holes in the lower lobe, adjacent to the radio altimeter cutouts; additional inspections, for certain airplanes, for cracks and/or corrosion; and further investigative and corrective action if any crack is found. This AD also provides an optional terminating action for the repetitive inspections. This AD results from reports of cracks in the fuselage skin of the lower lobe. We are issuing this AD to detect and correct fatigue cracks of the countersunk rivet holes, which could result in cracks of the fuselage skin of the lower lobe, and consequent rapid depressurization of the cabin.

The FAA is adopting a new airworthiness directive (AD) for all BAE Systems (Operations) Limited Model ATP airplanes and Model HS 748 airplanes. This AD requires doing a detailed inspection of the drain pipes of the fuel cross feed system and certain electrical cables for chafe damage; doing an inspection to determine the clearance between the cable loom and the cross feed drain pipe; and doing corrective actions if necessary. This AD results from a fire in the dry area of the wing due to severe chafe damage between an electrical cable and the fuel cross feed drain pipe. We are issuing this AD to prevent chafe damage of the electrical cable and fuel cross feed drain pipe that could lead to fuel leakage from the drain pipe and an ignition source from the electrical cable, which could result in a fire in the dry area of the airplane wing.

MMS is delaying until January 1, 2006, the effective date of a rule that will implement fees to offset MMS's costs of providing certain services related to its mineral programs. This delay is necessary because of damage caused in the New Orleans area by Hurricane Katrina and subsequent flooding. The delay will provide relief to the government and the oil and gas industry as they recover from this disaster.