October 25, 2005 – Federal Register Recent Federal Regulation Documents

Energy Conservation Standards for Certain Consumer Products and Commercial and Industrial Equipment
Document Number: C5-20701
Type: Rule
Date: 2005-10-25
Agency: Department of Energy, Office of Energy Efficiency and Renewable Energy, Energy Efficiency and Renewable Energy Office
Airworthiness Directives; Cessna Model 500, 501, 550, S550, 551, and 560 Airplanes
Document Number: 05-21309
Type: Proposed Rule
Date: 2005-10-25
Agency: Federal Aviation Administration, Department of Transportation
The FAA is revising an earlier proposed airworthiness directive (AD) for certain Cessna Model 500, 501, 550, S550, 551, and 560 airplanes. The original NPRM would have required revising the airplane flight manual (AFM) to prohibit use of the wing fuel boost pumps for defueling under certain conditions; installing a placard; doing other specified investigative and corrective actions as necessary; and modifying the boost pumps. The original NPRM also would have required the subsequent removal of the AFM revision and placard. The original NPRM resulted from a report of a chafed electrical wiring harness, which was arcing inside the fuel tank. This action revises the original NPRM by identifying certain service information not identified in the original NPRM. We are proposing this supplemental NPRM to prevent potential fuel vapor ignition in a fuel tank, which could result in explosion and loss of the airplane.
Importation of Meat That Originates in an FMD Region and Is Cured or Cooked in Another Region
Document Number: 05-21306
Type: Proposed Rule
Date: 2005-10-25
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend the animal and animal product import regulations by adding provisions for the importation of cured or cooked shelf-stable meat derived from ruminants or swine that originate in a region where rinderpest or foot-and-mouth disease exists if the meat is cured or cooked in another region. This action would provide for the importation of these commodities while continuing to protect the U.S. ruminant and swine populations against incursions of rinderpest and foot-and-mouth disease.
Fisheries of the Northeastern United States; Atlantic Surfclam and Ocean Quahog Fisheries; Suspension of Minimum Atlantic Surfclam Size Limit for Fishing Year 2006
Document Number: 05-21302
Type: Rule
Date: 2005-10-25
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS suspends the minimum size limit of 4.75 inches (120 mm) for Atlantic surfclams for the 2006 fishing year. This action is taken under the authority of the implementing regulations for this fishery, which allow for the annual suspension of the minimum size limit based upon set criteria. The intended effect is to relieve the industry from a regulatory burden that is not necessary, as the majority of surfclams harvested are larger than the minimum size limit.
Fisheries off the West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery; Notice of Intent to Prepare an Environmental Impact Statement or Environmental Assessment for Fishing Conducted Under the Pacific Coast Groundfish Fishery Management Plan
Document Number: 05-21301
Type: Proposed Rule
Date: 2005-10-25
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS, in cooperation with the Pacific Fishery Management Council (Council), announces its intention to prepare an EIS or an EA in accordance with the National Environmental Policy Act (NEPA) to assess the impacts of the 2007-2008 Pacific Coast groundfish fishery specifications and management measures on the human, biological, and physical environment.
Western Pacific Fishery Management Council; Public Meetings
Document Number: 05-21300
Type: Proposed Rule
Date: 2005-10-25
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Western Pacific Fishery Management Council (Council) will hold its 129th meeting to consider and take actions on fishery management issues in the Western Pacific Region.
Electronic Passport
Document Number: 05-21284
Type: Rule
Date: 2005-10-25
Agency: Department of State
This rule amends the passport regulations to incorporate changes related to introduction of the electronic passport. The rule defines ``electronic passport,'' includes a damaged electronic chip as an additional basis for possible invalidation of a passport and provides for no fee issuance of a replacement passport if an electronic chip fails.
Oil and Gas and Sulphur Operations in the Outer Continental Shelf (OCS)-Plans and Information-Protection of Marine Mammals and Threatened and Endangered Species
Document Number: 05-21282
Type: Proposed Rule
Date: 2005-10-25
Agency: Department of the Interior, Minerals Management Service
MMS is extending to January 6, 2006, the comment period of the proposed rule titled, ``Oil and Gas and Sulphur Operations in the Outer Continental Shelf (OCS)Plans and InformationProtection of Marine Mammals and Threatened and Endangered Species'' published on September 6, 2005 (70 FR 52953). The previous deadline for comments was November 7, 2005. This notice will extend the original 60-day comment period to 120 days. This extension is necessary because of damage caused in the New Orleans area by Hurricane Katrina and the Louisiana/Texas area by Hurricane Rita and subsequent flooding. The extension will provide additional time to the oil and gas industry for reviewing and preparing comments to the rule as it recovers from these disasters.
Revisions to the California State Implementation Plan, Ventura County Air Pollution Control District
Document Number: 05-21265
Type: Proposed Rule
Date: 2005-10-25
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to the Ventura County Air Pollution Control District (VCAPCD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from surface cleaning operations. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Revisions to the California State Implementation Plan, Ventura County Air Pollution Control District
Document Number: 05-21264
Type: Rule
Date: 2005-10-25
Agency: Environmental Protection Agency
EPA is taking direct final action to approve revisions to the Ventura County Air Pollution Control District (VCAPCD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from surface cleaning operations. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Approval and Promulgation of Air Quality Implementation Plans; CO; PM10
Document Number: 05-21262
Type: Rule
Date: 2005-10-25
Agency: Environmental Protection Agency
EPA is taking final action to approve a State Implementation Plan (SIP) revision submitted by the State of Colorado on July 31, 2002, for the purpose of redesignating the Lamar, Colorado area from nonattainment to attainment for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10) under the 1987 standards. The Governor's submittal, among other things, documents that the Lamar area has attained the PM10 National Ambient Air Quality Standards (NAAQS), requests redesignation to attainment and includes a maintenance plan for the area demonstrating maintenance of the PM10 NAAQS for ten years. EPA is approving this redesignation request and maintenance plan because Colorado has met the applicable requirements of the Clean Air Act (CAA), as amended. Upon the effective date of this approval, the Lamar area will be designated attainment for the PM10 NAAQS. This action is being taken under sections 107, 110, and 175A of the Clean Air Act.
Approval and Promulgation of Implementation Plans: NC: Approval of Revisions to the Control of Visible Emissions Rule
Document Number: 05-21261
Type: Rule
Date: 2005-10-25
Agency: Environmental Protection Agency
EPA is taking final action to approve the Control of Visible Emissions portion of a State Implementation Plan (SIP) revision submitted to EPA, by the State of North Carolina, on December 14, 2004. EPA is approving changes to the opacity standards for sources required to install, operate and maintain continuous opacity monitoring systems (COMs). These changes do not increase the number of exceptions or the number of minutes per day for exceptions, but allow the aggregation of the daily exceptions. At this time, we are not taking final action on the remaining portions of the SIP revision submitted by the State on December 14, 2004.
Commission Guidance Regarding Client Commission Practices Under Section 28(e) of the Securities Exchange Act of 1934
Document Number: 05-21247
Type: Proposed Rule
Date: 2005-10-25
Agency: Securities and Exchange Commission, Agencies and Commissions
The Securities and Exchange Commission is publishing for comment this interpretive release with respect to client commission practices under Section 28(e) of the Securities Exchange Act of 1934 (``Exchange Act''). Section 28(e) of the Exchange Act establishes a safe harbor that allows money managers to use client funds to purchase ``brokerage and research services'' for their managed accounts under certain circumstances without breaching their fiduciary duties to clients. In light of the Commission's experience with Section 28(e) and in recognition of changing market conditions, the Commission is proposing to provide further guidance on money managers' use of client assets to pay for research and brokerage services under Section 28(e) of the Exchange Act. This release also reiterates the statutory requirement that money managers must make a good faith determination that commissions paid are reasonable in relation to the value of the products and services provided by broker-dealers and that broker- dealers must be financially responsible for the brokerage and research products that they provide to money managers and must be involved in ``effecting'' the trade.
Pipeline Safety: Standards for Direct Assessment of Gas and Hazardous Liquid Pipelines
Document Number: 05-21233
Type: Rule
Date: 2005-10-25
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
Under current regulations governing integrity management of gas transmission lines, if an operator uses direct assessment to evaluate corrosion risks, it must carry out the direct assessment according to PHMSA standards. In response to a statutory directive, this Final Rule prescribes similar standards operators must meet when they use direct assessment on certain other onshore gas, hazardous liquid, and carbon dioxide pipelines. PHMSA believes broader application of direct assessment standards will enhance public confidence in the use of direct assessment to assure pipeline safety.
Proposed Establishment of Class E Airspace; Tok Junction, AK
Document Number: 05-21232
Type: Proposed Rule
Date: 2005-10-25
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to establish new Class E airspace at Tok Junction, AK. Two new Standard Instrument Approach Procedures (SIAPs) are being published for the Tok Junction Airport. There is no existing Class E airspace to contain aircraft executing the new instrument procedures at Tok Junction, AK. Adoption of this proposal would result in the establishment of Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at Tok Junction, AK.
Establishment of Class E Airspace; Deering, AK
Document Number: 05-21231
Type: Rule
Date: 2005-10-25
Agency: Federal Aviation Administration, Department of Transportation
This action establishes Class E airspace at Deering, AK to provide adequate controlled airspace to contain aircraft executing four new Standard Instrument Approach Procedures (SIAPs). This rule results in new Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at Deering, AK.
Proposed Establishment of Class E Airspace; Nondalton, AK
Document Number: 05-21230
Type: Proposed Rule
Date: 2005-10-25
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to establish new Class E airspace at Nondalton, AK. One new Standard Instrument Approach Procedure (SIAPs) and one Departure Procedure (DP) are being published for the Nondalton Airport. There is no existing Class E airspace to contain aircraft executing the new instrument procedures at Nondalton, AK. Adoption of this proposal would result in the establishment of Class E airspace upward from 700 feet (ft.) above the surface at Nondalton, AK.
Proposed Establishment of Class E Airspace; New Stuyahok, AK
Document Number: 05-21229
Type: Proposed Rule
Date: 2005-10-25
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to establish new Class E airspace at New Stuyahok, AK. Two new Standard Instrument Approach Procedures (SIAPs) are being published for the New Stuyahok Airport. There is no existing Class E airspace to contain aircraft executing the new instrument procedures at New Stuyahok, AK. Adoption of this proposal would result in the establishment of Class E airspace upward from 700 feet (ft.) above the surface at New Stuyahok, AK.
Proposed Revision of Class E Airspace; Koliganek, AK
Document Number: 05-21228
Type: Proposed Rule
Date: 2005-10-25
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to revise Class E airspace at Koliganek, AK. Two new Standard Instrument Approach Procedures (SIAPs) are being published for the Koliganek Airport. Additional Class E Airspace is needed to contain aircraft executing instrument approaches at Koliganek Airport. Adoption of this proposal would result in additional Class E airspace upward from 1,200 feet (ft.) above the surface at Koliganek, AK.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Distinct Population Segment of the California Tiger Salamander in Sonoma County
Document Number: 05-21205
Type: Proposed Rule
Date: 2005-10-25
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce the reopening of the comment period on the proposed designation of critical habitat for the distinct population segment (DPS) of the California tiger salamander in Sonoma County and the availability of the draft economic analysis of the proposed designation of critical habitat. The draft economic analysis identifies potential costs of approximately $336 million over a 20-year period or approximately $17 million per year as a result of the proposed designation of critical habitat, including those costs coextensive with listing. 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 need not be resubmitted as they will be incorporated into the public record as part of this comment period, and will be fully considered in preparation of the final rule.
Miscellaneous Revisions to EPAAR Clauses
Document Number: 05-21196
Type: Rule
Date: 2005-10-25
Agency: Environmental Protection Agency
EPA is taking direct final action on administrative changes to the EPA Acquisition Regulation (EPAAR). This action revises the EPAAR, but does not impose any new requirements on Agency contractors. The revisions in this direct final rule will make minor corrections to and streamline Agency acquisition processes to be consistent with and non- duplicative of the Federal Acquisition Regulation (FAR). Some EPAAR clauses will be revised and others will be removed. FAR clauses are available to provide coverage for the EPAAR clauses that are removed by this rule.
Airworthiness Directives; Gippsland Aeronautics Pty. Ltd. Model GA8 Airplanes
Document Number: 05-21176
Type: Rule
Date: 2005-10-25
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for all Gippsland Aeronautics Pty. Ltd. (Gippsland) Model GA8 airplanes. This AD requires you to repetitively inspect the upper and lower grooves of the forward cargo door slide for cracks, excessive wear, and excessive width. This AD also requires you to replace the forward cargo door slide if any of the above conditions are found during any inspection. This AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Australia. We are issuing this AD to prevent failure of the forward cargo door slide caused by cracks, excessive wear, or excessive width. This failure could result in the cargo door detaching from the airplane in flight, potentially causing damage by hitting the back end of the airplane.
Airworthiness Directives; Rolls-Royce Corporation (Formerly Allison Engine Company) 501-D22A, 501-D22C, and 501-D22G Turboprop Engines
Document Number: 05-21173
Type: Rule
Date: 2005-10-25
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for Rolls-Royce Corporation (RRC) (formerly Allison Engine Company) 501- D22A, 501-D22C, and 501-D22G turboprop engines. This AD requires a onetime inspection for proper metal hardness of certain 1st stage, 2nd stage, 3rd stage, and 4th stage turbine wheels. This AD results from a report of a turbine wheel found to be over dimensional limits, caused by improper metal hardness. We are issuing this AD to prevent uncontained turbine wheel failure, leading to damage of the airplane and total loss of engine power.
Privacy Act; Implementation
Document Number: 05-21113
Type: Proposed Rule
Date: 2005-10-25
Agency: Department of Defense, Department of the Army, Army Department
The Department of the Army is proposing to exempt those records contained in A0600-20 DCS, G-1, entitled ``Sexual Assault Data Management System (SADMS) Files'' when an exemption has been previously claimed for the records in another Privacy Act system of records. The exemption is intended to preserve the exempt status of the record when the purposes underlying the exemption for the original records are still valid and necessary to protect the contents of the records.
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