September 2005 – Federal Register Recent Federal Regulation Documents

EPA is proposing to approve revisions to the Nevada State Implementation Plan (SIP). These revisions concern definitions, sulfur emission regulations, and various other burning regulations. We are proposing to approve these regulations in order to regulate their corresponding emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.

NMFS is opening directed fishing for pollock in Statistical Area 620 of the Gulf of Alaska (GOA) for 96 hours. This action is necessary to fully use the C season allowance of the 2005 total allowable catch (TAC) of pollock specified for Statistical Area 620.

NMFS is opening directed fishing for pollock in Statistical Area 630 of the Gulf of Alaska (GOA) for 48 hours. This action is necessary to fully use the C season allowance of the 2005 total allowable catch (TAC) of pollock specified for Statistical Area 630.

The Farm Credit Administration (FCA or Agency) amends its rules governing preferred stock issued by Farm Credit System (FCS or System) banks, associations, and service corporations. This final rule requires greater board involvement and oversight in the retirement of preferred stock, enhances FCA's current standards of conduct regulations to specifically address insider preferred stock transactions, modifies and streamlines the FCA review and clearance process, and requires disclosure of senior officer and director preferred stock transactions. Lastly, we add a new provision to require FCA prior approval of investments by FCS banks, associations, and service corporations in preferred stock of other System institutions, including the Federal Agricultural Mortgage Corporation (Farmer Mac).

DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to add policy pertaining to package marking with passive radio frequency identification (RFID) tags. The rule requires contractors to affix passive RFID tags at the case and palletized unit load levels when shipping packaged operational rations, clothing, individual equipment, tools, personal demand items, or weapon system repair parts, to the Defense Distribution Depot in Susquehanna, PA, or the Defense Distribution Depot in San Joaquin, CA.

EPA is taking direct final action to approve revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from facilities storing and processing organic liquids such as crude oil and petroleum by-products. We are approving SJVUAPCD Rule 4623, a rule regulating these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

The EPA is finalizing approval of a new consumer products regulation as part of the California State Implementation Plan (SIP) for ozone under the Clean Air Act (CAA) as amended in 1990. This California regulation adopts a new approach to reducing ozone formation from volatile organic compounds (VOC) in aerosol coating products. The EPA is also approving the use of California's Tables of Maximum Incremental Reactivity (MIR) to allow implementation of their rule. This action also revises EPA's definition of VOCs so that compounds which we previously identified as negligibly reactive and exempt from EPA's regulatory definition of VOCs now count towards a product's reactivity-based VOC limit for the purpose of California's aerosol coatings regulation. These revisions were previously proposed in the Federal Register on January 7, 2005 (70 FR 1640) and are expected to help in California's efforts to attain the National Ambient Air Quality Standards (NAAQS) for ozone.

EPA is approving the State Implementation Plan (SIP) revision submitted by the state of Iowa for the purpose of establishing guidelines to identify stationary sources of air pollution potentially subject to Best Available Retrofit Technology (BART) emission control requirements. Owners and operators of stationary sources meeting the eligibility criteria will be required to submit source identification and emission unit description information to the state by September 1, 2005. BART-eligibility information is to be submitted on Iowa Department of Natural Resources (IDNR) form 542-8125 that lists facility information and emission unit identification and description. Annual emission totals in tons-per-year (potential) for PM10, NOX, SO2 and VOCs are also required.

The Cost Accounting Standards (CAS) Board, Office of Federal Procurement Policy, invites public comments on the staff discussion paper regarding a provision that provides an exemption from CAS for contracts that are executed and performed entirely outside the United States, its territories, and possessions.

The Bureau of Reclamation is issuing this proposed rulemaking to establish regulations regarding public access to and conduct on all Reclamation projects, waters, and real property subject to the jurisdiction or administration of Reclamation or in its custody. Reclamation is required by law to issue this rule in order to maintain law and order and protect persons and property on its projects. This proposed rule would supersede the existing Public Conduct rule, and amend provisions located elsewhere to ensure consistency.

The FAA is adopting a new airworthiness directive (AD) for certain Raytheon Aircraft Company Models 1900, 1900C, 1900C (C-12J), and 1900D airplanes. This AD requires you to inspect all elevator hinge support attachments on both left and right elevators for loose and missing rivets, replace rivets if loose or missing rivets are found, inspect the elevator hinge joints for looseness and clearance of each elevator to its stabilizer, correct looseness and clearance if incorrect, and report results of the required inspections. This AD results from a report of excessive movement of the elevator and elevator trim. The hinge support attachment that attaches the elevator to the horizontal stabilizer was loose and had loose and missing rivets. The elevator counterweight horn showed evidence of rubbing against the horizontal stabilizer, indicating possible incorrect clearance. We are issuing this AD to detect and correct any looseness in the elevator hinge support attachments, which could result in binding of the elevator control system. This elevator binding could lead to loss of control of the airplane.

This regulation establishes tolerances for residues of cyfluthrin in or on almond hulls, cucurbit vegetable crop group 9, fruiting vegetable group 8; grass forage; grass hay; grape; grape, raisin; leafy Brassica greens, subgroup 5B; leafy vegetable group, except Brassica, group 4; pistachio; pome fruit group 11; stone fruit group 12; tuberous and corm vegetable subgroup 1C; peanut; peanut, hay; pea and bean, dried shelled, except soybean, subgroup 6C; tree nuts, Crop Group 14; turnip greens; wheat forage; wheat hay; and wheat straw. Bayer CropScience and the Interregional Research Project Number 4 (IR- 4) requested the tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the endangered southern California distinct vertebrate population segment (DPS) of the mountain yellow- legged frog (Rana muscosa) pursuant to the Endangered Species Act of 1973, as amended (Act). We have determined that approximately 8,770 ac (3,549 ha) of land containing features essential to the conservation of the mountain yellow-legged frog exist in Los Angeles, San Bernardino, and Riverside Counties, CA. We are proposing to designate approximately 8,283 acres (ac) (3,352 hectares (ha)) of streams and riparian areas as critical habitat within 3 units in southern California, further divided into subunits: Unit 1 (7 subunits) in the San Gabriel Mountains (Los Angeles and San Bernardino counties); Unit 2 (3 subunits) in San Bernardino Mountains (San Bernardino County); and Unit 3 (4 subunits) in the San Jacinto Mountains (Riverside County). Lands being proposed as critical habitat are under Federal, local/state, and private ownership; no tribal lands are included in this proposed designation. This proposed designation includes areas currently known to be occupied by the southern California DPS of the mountain yellow-legged frog, as well as several areas that were historically occupied, but are currently unoccupied. We are proposing to exclude critical habitat from approximately 487 ac (197 ha) of non-Federal lands within existing Public/Quasi Public (PQP) lands, proposed conceptual reserve design lands, and lands targeted for conservation within the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Area under section 4(b)(2) of the Act.

On June 14, 2005, EPA issued a notice of data availability concerning a proposed rule to add a diisononyl phthalate (DINP) category to the list of toxic chemicals subject to the reporting requirements of section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) and section 6607 of the Pollution Prevention Act (PPA). The notice of data availability made available for public comment a revised hazard assessment for DINP. The purpose of this action is to inform interested parties that, in response to a request for an extension, EPA is extending the comment period by 30 days until October 12, 2005. The comment period for the notice of data availability was previously scheduled to close on September 12, 2005.

The Environmental Protection Agency (EPA) today designates LA- 3 as a permanent ocean dredged material disposal site (ODMDS) located offshore of Newport Beach, California, managed at a maximum annual dredged material disposal quantity of 2,500,000 cubic yards (yd\3\) (1,911,000 cubic meters [m\3\]), and adjusts the management of the permanently-designated LA-2 ODMDS at an increased maximum annual dredged material disposal quantity of 1,000,000 yd\3\ (765,000 m\3\) for the ocean disposal of clean dredged material from the Los Angeles County and Orange County regions. The availability of suitable ocean disposal sites to support ongoing maintenance and capital improvement projects is essential for the continued use and economic growth of the vital commercial and recreational areas in the region. Dredged material will not be allowed to be disposed of in the ocean unless the material meets strict environmental criteria established by the EPA and U.S. Army Corps of Engineers (USACE). The action would shift the center of the permanently-designated LA- 3 site approximately 1.3 nautical miles (nmi) (2.4 kilometers [km]) to the southeast of the interim LA-3 site, and encompass a region that is already disturbed by dredged material. The permanent site also would be located on a flat, depositional plain, and away from the submarine canyons, that will be more amenable to surveillance and monitoring activities. The LA-2 site is a permanently designated ODMDS that has been historically managed at an average annual disposal quantity of 200,000 yd\3\ (153,000 m\3\) for the disposal of material dredged primarily from the Los Angeles/Long Beach Harbor complex. The action will allow an increased volume of dredged material to be disposed annually at this site. The annual disposal quantity has occasionally exceeded the historical annual average due to capital projects from both the ports of Los Angeles and Long Beach. Thus, the new maximum volume designation would accommodate the projected average annual volume requirements as well as provide for substantial annual volume fluctuations.

In response to a petition for rulemaking, this document proposes to require straight trucks with a gross vehicle weight rating (GVWR) of between 4,536 kilograms (10,000 pounds) and 11,793 kilograms (26,000 pounds) to be equipped with a rear object detection system. The purpose of the proposed requirement is to alert drivers to persons and objects directly behind the vehicle, thereby reducing backing-related deaths and injuries. This notice proposes two compliance options. Vehicle manufacturers could satisfy the proposed requirement either by installing a mirror system or rear video system that would make the area to the rear of the vehicle visible to the driver. The notice also asks a series of questions to help the agency determine whether the proposed requirements should be extended to vehicles in other weight classes and whether existing straight trucks engaged in interstate commerce should be retrofitted to meet the proposed requirements, as part of a future rulemaking.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 747-100B SUD, 747-300, 747-400, and 747-400D series airplanes; and Model 747-200B series airplanes having a stretched upper deck. This proposed AD would require repetitively inspecting for cracking or discrepancies of the fasteners in the tension ties, shear webs, and frames at body stations 1120 through 1220, and related investigative and corrective actions if necessary. This proposed AD results from new reports of severed tension ties, as well as numerous reports of cracked tension ties, broken fasteners, and cracks in the frame, shear web, and shear ties adjacent to tension ties for the upper deck. We are proposing this AD to detect and correct cracking of the tension ties, shear webs, and frames of the upper deck, which could result in rapid decompression of the airplane.

This rule modifies the pack requirements currently prescribed under the Washington potato marketing order. The marketing order regulates the handling of Irish potatoes grown in Washington, and is administered locally by the State of Washington Potato Committee (Committee). This rule relaxes the pack requirements to allow handlers to ship U.S. No. 2 grade potatoes in cartons to better meet buyer needs. Currently, only potatoes grading U.S. No. 1 or better, or potatoes failing to grade U.S. No. 1 only because of internal defects, may be shipped in cartons. The relaxation in pack requirements will help maximize producer returns.

EPA is proposing to approve a redesignation request and a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia. Virginia is requesting that the city of Fredericksburg, Spotsylvania County, and Stafford County (the Fredericksburg Nonattainment Area) be redesignated as attainment for the eight-hour ozone national ambient air quality standard (NAAQS). The Commonwealth's SIP revision establishes a maintenance plan for the Fredericksburg Nonattainment Area that provides requirements for continued attainment of the eight-hour ozone NAAQS for the next 10 years. EPA is proposing approval of the redesignation request and revision to the Virginia SIP in accordance with the requirements of the Clean Air Act (CAA).

At the request of the U.S. Food and Drug Administration (FDA), NMFS closed portions of Federal waters of the Gulf of Maine, Georges Bank, and southern New England from June 14, 2005, through September 30, 2005, to the harvest for human consumption of certain bivalve molluscan shellfish due to the presence in those waters of the toxin that causes Paralytic Shellfish Poisoning (PSP). The FDA has determined that harvesting for human consumption of bivalve molluscan shellfish other than whole and roe-on scallops from a portion of the closed area is now safe and may be resumed. As a result, NMFS is modifying its previous closure to allow such fishing.

EPA is proposing to approve the May 12, 2005 negative declaration letter submitted by the Maryland Department of the Environment (MDE). The negative declaration certifies that existing CISWI units, subject to Clean Air Act (the Act) requirements of sections 111(d) and 129 and the related emissions guidelines (EG), have been permanently shut down and have been dismantled in the State of Maryland. In the Final Rules section of this Federal Register, EPA is approving the MDE certification as a direct final rule without prior proposal because the Agency views this as a noncontroversial action and anticipates no adverse comments. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.

The FAA is establishing a compliance date for the final rule published in the Federal Register on August 4, 2005. The rule revised the pilot certification regulations to establish a second-in-command (SIC) pilot type rating and associated qualifying procedures. This action is necessary to give affected pilots time to prepare and file the paperwork necessary to obtain the SIC pilot type rating. We also are correcting the amendment number of the final rule.

The Food Safety and Inspection Service (FSIS) is proposing to amend the Federal poultry products inspection regulations to provide that turkey slaughter establishments that open turkey carcasses with Bar-type cuts may operate at the maximum line speeds established for J- type cuts, if the establishment uses the specific type of shackle described in this proposed rule. Under this proposed rule, as under current regulations, the inspector in charge will reduce line speeds when, in his or her judgment, the prescribed inspection procedure cannot be adequately performed within the time available because of the health conditions of a particular flock or because of other factors. Such factors include the manner in which birds are being presented to the inspector for inspection and the level of contamination among the birds on the line.

This document contains proposed regulations that clarify the substantive requirements for tax exemption under section 501(c)(3) of the Internal Revenue Code (Code). This document also contains provisions that clarify the relationship between the substantive requirements for tax exemption under section 501(c)(3) and the imposition of section 4958 excise taxes.

This action proposes to establish Class E airspace at Nikolai, AK to the size necessary to contain aircraft executing Standard Instrument Approach Procedures (SIAP). This action is proposed as a result of the development of two new SIAPs. Adoption of this proposal would result in establishing Class E airspace upward from 700 feet (ft.) above the surface at Nikolai, Alaska.