September 2005 – Federal Register Recent Federal Regulation Documents

The EPA is approving State Implementation Plan (SIP) revisions to the sulfur dioxide (SO2) requirements for Flint Hills Resources, L.P. (Flint Hills) of Dakota County, Minnesota. Flint Hills operates a petroleum refinery in Rosemont, Minnesota. The requested revision will allow the refinery to begin producing ultra low sulfur diesel fuel. This expansion will add five sources and will increase SO2 emissions. An analysis was conducted on the new sources. The analysis indicates that the air quality of Dakota County, Minnesota will remain in compliance with the National Ambient Air Quality Standards (NAAQS) for SO2. Thus, the public health and welfare in Minnesota will be protected.

The FAA is adopting a new airworthiness directive (AD) for General Electric Company (GE) CT7-5A2, -5A3, -7A, -7A1, -9B, -9B1, and -9B2 turboprop engines, with stage 2 turbine aft cooling plate, part number (P/N) 6064T07P01, 6064T07P02, 6064T07P05, or 6068T36P01 installed. This AD requires a onetime eddy current inspection (ECI) of certain P/N stage 2 turbine aft cooling plate boltholes. This AD results from reports of six stage 2 turbine aft cooling plates found cracked during inspection. We are issuing this AD to prevent stage 2 aft cooling plate separation, resulting in uncontained engine failure and damage to the airplane.

The Agricultural Marketing Service (AMS) is increasing Plant Variety Protection (PVP) Office application, search, and certificate issuance fees by 20 percent. The last general fee increase in February 2003 is no longer adequate to cover current program obligations for administrative and information technology needs. The PVP Act of 1970 requires that reasonable fees be collected from applicants seeking certificates of protection in order to maintain the program. Also, a technical amendment will allow applicants to send voucher seed samples directly to the public repository.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update text on acquisition planning. This proposed rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.

DoD has adopted as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 8008 of the Defense Appropriations Act for Fiscal Year 2005 and Section 814 of the National Defense Authorization Act for Fiscal Year 2005. Sections 8008 and 814 contain requirements related to the funding of multiyear contracts.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update text on the selection and use of contract types. This proposed rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to delete obsolete procedures for the exchange or sale of Government-owned information technology. This proposed rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.

This document contains proposed amendments to the regulations relating to a taxpayer's right to a hearing under section 6320 of the Internal Revenue Code of 1986 after the filing of a notice of Federal tax lien (NFTL). The proposed regulations make certain clarifying changes in the way collection due process (CDP) hearings are held and specify the period during which a taxpayer may request an equivalent hearing. The proposed regulations affect taxpayers against whose property or rights to property the Internal Revenue Service (IRS) files a NFTL on or after January 19, 1999. This document also contains a notice of public hearing on these proposed regulations.

NMFS establishes regulations to implement an industry fee system for repaying a $97,399,357.11 Federal loan financing a fishing capacity reduction program in the Bering Sea/Aleutian Islands King and Tanner Crab fishery. This action implements the fee system.

This action announces that on June 27, 2005, EPA Region 10 and the Nez Perce Tribe entered into a Partial Delegation of Administrative Authority to carry out certain day-to-day activities associated with administration of the Federal Implementation Plan for the Nez Perce Reservation (Nez Perce FIP). A note of this partial delegation is being added to the Nez Perce FIP.

We are proposing to update and amend the standards for the humane and healthful transport of wild mammals and birds to the United States. To determine how to proceed, we are asking the public for comments and input on whether the current regulations are up to date and adequate. We are also seeking comments for the best process to address necessary changes to the requirements in the Code of Federal Regulations that provide standards for the humane and healthful transport of wild mammals and birds to the United States. This will allow us to further meet our responsibilities under the Lacey Act Amendments of 1981 and our obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The current standards for transport of mammals and birds now available are in accordance with the accepted international requirements as described in the International Air Transport Association's (IATA) Live Animal Regulations (LAR) published in October 1993 (20th edition). This edition is now 12 years old and several updates of the IATA Live Animal Regulations have been published since publication of that edition. Many mammals and birds are protected by CITES and it is a recommendation that all species listed under CITES be transported using the current IATA LAR. We expect that if we promulgate amendments to the standards for humane and healthful transport of wild mammals and birds to the United States, these amendments will be consistent with the most current IATA LAR at the time of the final rule, and, therefore, be current with the industry standards for ensuring the humane and healthful shipment of live mammals and birds. Finally, it has come to our attention that IATA LAR requirements may not always agree with those of the international ground transport industry, such as those of the Animal Transport Association (AATA). We are interested in public comments on this issue as well.

The FAA proposes to adopt a new airworthiness directive (AD) for all British Aerospace Model BAC 1-11 200 and 400 series airplanes. This proposed AD would require revising the airplane flight manual (AFM) to contain applicable AFM amendments, which advise the flightcrew of information pertaining to safely operating the fuel system. The proposed AD would also require revising the FAA-approved maintenance program to include certain repetitive maintenance tasks intended to improve the safety of the fuel system. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent potential ignition sources inside the fuel system, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.

The FAA proposes to adopt a new airworthiness directive (AD) for all Boeing Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747- 200C, 747-300, 747-400, 747-400D, and 747SR series airplanes. This proposed AD would require a one-time inspection to determine whether any steel doubler (small or large) is installed at the lower forward and upper aft corners of the fuselage cutout at main entry doors (MEDs) number 3. Depending on the results of this inspection, this proposed AD also would require repetitive inspections for cracks of the skin, bearstrap, and small steel doubler (if installed) at the applicable corner or corners of the fuselage cutouts, and related investigative/ corrective actions if necessary. This proposed AD also would provide the optional terminating action for the repetitive inspections of installing a large steel doubler at the affected corners. This proposed AD is prompted by reports of cracks in the skin and bearstrap at the upper aft corner and at the lower forward corner of the fuselage cutout at MEDs number 3. We are proposing this AD to detect and correct cracks in the skin, bearstrap, and small steel doubler (if installed), which could propagate and result in rapid decompression of the airplane.

The Securities and Exchange Commission is extending the compliance date for the rule that identifies circumstances under which a broker-dealer's advice is not ``solely incidental to'' its brokerage business or to brokerage services provided to certain accounts and thus subjects the broker-dealer to the Investment Advisers Act of 1940.

This amendment establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and/or Weather Takeoff Minimums for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, addition of new obstacles, or changes in air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

This rule amends the Export Administration Regulations (EAR) by deleting a redundant paragraph and redesignating the remaining paragraphs in one section for clarity; inserting material inadvertently omitted from previous rules in three places in the EAR; clarifying instructions for applying for authorization to transfer items subject to the EAR in-country; adding an alias for a previously listed entity on the Entity List; and removing references to two Export Control Classification Numbers (ECCNs) that do not exist. The purpose of these amendments is to make corrections and clarifications to the EAR so the public will find them easier to use.

This action codifies the requirements of the Advanced Qualification Program (AQP). Currently, the AQP requirements are in a Special Federal Aviation Regulation that expires on October 2, 2005. The AQP will continue as an alternative regulatory program for airlines seeking more flexibility in training than the traditional training program allows. The intended effect of this rule is to codify the AQP as a permanent, alternative method of compliance with the FAA's training requirements for carriers.

The FAA is adopting a new airworthiness directive (AD) for Turbomeca Arrius 2 F turboshaft engines. This AD requires removing from service certain serial number (SN) fuel control units (FCUs) or replacing the constant delta pressure diaphragm in those FCUs. This AD results from a report of an accident in July 2005 involving a Eurocopter EC120B helicopter. We are issuing this AD to prevent an uncommanded engine in-flight shutdown on a single-engine helicopter, resulting in a forced autorotation landing or an accident.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 747 airplanes. This AD requires repetitive inspections of the dual side braces (DSBs), underwing midspar fittings, and associated parts; other specified actions; and corrective actions if necessary. This AD also provides an optional terminating action for the inspections and other specified actions. This AD is prompted by reports of corroded, migrated, and rotated bearings for the DSBs in the inboard and outboard struts, a report of a fractured retainer for the eccentric bushing for one of the side links of a DSB, and reports of wear and damage to the underwing midspar fitting on the outboard strut. We are issuing this AD to prevent the loss of a DSB or underwing midspar fitting load path, which could result in the transfer of loads and motion to other areas of a strut, and possible separation of a strut and engine from the airplane during flight.

This final rule amends the mileage reimbursement rate for use of a privately owned vehicle (POV) on official travel to reflect recent gas price increases. The governing regulation is revised to increase the cost of operating a privately owned automobile from 40.5 to 48.5 cents per mile.

The Coast Guard is implementing the special local regulations at 33 CFR 100.513 during the Wilmington YMCA Triathlon to be held September 24, 2005, on the waters of Wrightsville Channel, Wrightsville Beach, North Carolina. This action is necessary to provide for the safety of life on navigable waters during the event. The effect will be to restrict general navigation in the regulated area for the safety of participants and vessels transiting the event area. Enforcement Dates: 33 CFR 100.513 will be enforced from 6:30 a.m. to 8:30 a.m. on September 24, 2005.

We are announcing receipt of revisions pertaining to a previously proposed amendment to the Colorado abandoned mine land reclamation (AMLR) plan (hereinafter, the ``Colorado plan'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Colorado proposes revisions about: Project selection criteria; selection of project alternatives; requirements for authorization to proceed; evaluation of project benefits; incorporation of the ``Common Rule'' in the procedures for financial management and accounting; interaction with the Colorado State Forest Service; and minor editorial revisions. Colorado intends to revise its plan to meet the requirements of the corresponding Federal regulations, to provide additional safeguards, and to clarify ambiguities.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 747-400, 747-400D, and 747-400F series airplanes. This proposed AD would require repetitive detailed inspections for damage (degraded finish; missing, lifted, peeling, or blistering paint; or signs of corrosion) of the interior skin in the forward and aft cargo compartments, and corrective actions if necessary. This proposed AD is prompted by reports of skin corrosion on four Boeing Model 747 series airplanes that were delivered between 1995 and 1999. We are proposing this AD to detect and correct corrosion, which can penetrate the thickness of the skin and cause cracking, and result in rapid decompression of the airplane.

This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date.

This rule decreases the assessment rate established for the Prune Marketing Committee (committee) under Marketing Order No. 993 for the 2005-06 and subsequent crop years from $6.00 to $0.65 per ton of salable dried prunes. The committee locally administers the marketing order which regulates the handling of dried prunes grown in California. Authorization to assess dried prune handlers enables the committee to incur expenses that are reasonable and necessary to administer the program. The crop year began August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.