October 31, 2005 – Federal Register Recent Federal Regulation Documents

Prevailing Rate Systems; Change in the Survey Cycle for the Harrison, MS, Nonappropriated Fund Federal Wage System Wage Area
Document Number: 05-21638
Type: Rule
Date: 2005-10-31
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
The Office of Personnel Management is issuing an interim rule to change the timing of local wage surveys in the Harrison, Mississippi, nonappropriated fund (NAF) Federal Wage System (FWS) wage area. The purpose of this change is to avoid conducting future surveys in this area during the hurricane season.
Funding and Fiscal Affairs, Loan Policies and Operations, and Funding Operations; Investments, Liquidity, and Divestiture; Effective Date
Document Number: 05-21629
Type: Rule
Date: 2005-10-31
Agency: Farm Credit Administration, Agencies and Commissions
The Farm Credit Administration (FCA) published a final rule under part 615 on August 31, 2005 (70 FR 51586). This final rule amends our liquidity reserve requirements for the banks of the Farm Credit System to ensure the banks have adequate liquidity. The final rule increases the minimum liquidity reserve requirement to 90 days, increases the eligible investment limit to 35 percent of total outstanding loans and requires Farm Credit banks to develop and maintain liquidity contingency plans. These amended requirements will improve the ability of Farm Credit banks to supply agricultural credit in all economic situations. In accordance with 12 U.S.C. 2252, the effective date of the final rule is 30 days from the date of publication in the Federal Register during which either or both Houses of Congress are in session. Based on the records of the sessions of Congress, the effective date of the regulation is October 24, 2005.
Emerald Ash Borer; Quarantined Areas
Document Number: 05-21608
Type: Rule
Date: 2005-10-31
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the emerald ash borer regulations by adding areas in Indiana, Michigan, and Ohio to the list of areas quarantined because of emerald ash borer. As a result of this action, the interstate movement of regulated articles from those areas is restricted. This action is necessary to prevent the artificial spread of the emerald ash borer from infested areas in the States of Indiana, Michigan, and Ohio into noninfested areas of the United States.
Standard Time Zone Boundary in the State of Indiana
Document Number: 05-21606
Type: Proposed Rule
Date: 2005-10-31
Agency: Office of the Secretary, Department of Transportation
DOT tentatively proposes to relocate the time zone boundary in Indiana to move St. Joseph, Starke, Knox, Pike, and Perry Counties from the eastern time zone to the central time zone at the request of the County Commissioners. We are tentatively not proposing to change the time zone boundary to move Marshall, Pulaski, Fulton, Benton, White, Carroll, Cass, Vermillion, Sullivan, Daviess, Dubois, Martin, and Lawrence Counties from the eastern time zone to the central time zone based on the petitions from the commissioners in these counties. If additional information is provided that indicates that the time zone boundary should be drawn differently, either to include counties currently excluded or to exclude counties that are currently included in this proposal, we will make the change at the final rule stage of this proceeding.
Modification of Class E Airspace; Akron, OH
Document Number: 05-21586
Type: Rule
Date: 2005-10-31
Agency: Federal Aviation Administration, Department of Transportation
This action modifies Class E airspace to Akron, OH. A Standard Instrument Approach Procedure has been developed for Wingfoot Lake Airship Operations Airport. Controlled airspace extending upward from 700 feet or more above the surface of the earth is needed to contain aircraft executing this approach. This action increases the areas of existing controlled airspace for Akron, OH.
Proposed Establishment of Class D Airspace; Camp Ripley, MN; Proposed Establishment of Class E Airspace; Camp Ripley, MN
Document Number: 05-21585
Type: Proposed Rule
Date: 2005-10-31
Agency: Federal Aviation Administration, Department of Transportation
This document proposes to establish Class D airspace at Camp Ripley, MN, and establish Class E airspace at Camp Ripley, MN. This action would establish a radius of Class D airspace, and establish a radius of Class E airspace for Ray S. Miller Army Airfield.
Modification of Class E Airspace; Madison, IN
Document Number: 05-21584
Type: Rule
Date: 2005-10-31
Agency: Federal Aviation Administration, Department of Transportation
This action modifies Class E airspace at Madison, IN, Standard Instrument Approach Procedures have been developed for Madison Municipal Airport, Madison, IN. Controlled airspace extending upward from 700 feet or more above the surface of the earth is needed to contain aircraft executing these approaches. This action increases the area of existing controlled airspace for Madison, IN.
Modification of Legal Description of Class D Airspace; Rapid City, SD; Modification of Legal Description of Class D Airspace; Rapid City Ellsworth AFB, SD
Document Number: 05-21583
Type: Rule
Date: 2005-10-31
Agency: Federal Aviation Administration, Department of Transportation
An examination of controlled airspace for Rapid City Regional Airport, SD, and Rapid City Ellsworth AFB, SD, revealed discrepancies in the legal descriptions for both airports as contained in FAA order 7400.9M. This action corrects those discrepancies by modifying the legal descriptions.
Security Zone; High Capacity Passenger Vessels and Alaska Marine Highway System Vessels in Alaska
Document Number: 05-21576
Type: Proposed Rule
Date: 2005-10-31
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is revising its proposed rule published March 9, 2005, to establish permanent moving security zones around all escorted High Capacity Passenger Vessels (``HCPV'') and escorted Alaska Marine Highway System Vessels (``AMHS vessels'') during their transit in the navigable waters of the Seventeenth Coast Guard District. The 250-yard speed restriction zone, the 25-yard security zone around moored and anchored vessels, and the waiver request process in the notice of proposed rulemaking (NPRM) have been eliminated. The Coast Guard has revised the proposed security zones prohibiting any vessel from entering within 100 yards of an escorted HCPV or escorted AMHS vessel while in transit. These security zones are necessary to mitigate potential terrorist acts and enhance public and maritime safety and security. Permission to enter these security zones may be granted by the designated on-scene representative.
Drawbridge Operation Regulations: Saugus River, MA
Document Number: 05-21574
Type: Rule
Date: 2005-10-31
Agency: Coast Guard, Department of Homeland Security
The Coast Guard has temporarily changed the drawbridge operation regulations that govern the operation of the General Edwards SR1A Bridge, at mile 1.7, across the Saugus River between Lynn and Revere, Massachusetts. This temporary change to the drawbridge operation regulations allows the bridge to remain in the closed position from November 1, 2005 through April 30, 2006. This action is necessary to facilitate structural maintenance at the bridge.
Suspension of Special (Occupational) Tax (2004R-778P)
Document Number: 05-21563
Type: Rule
Date: 2005-10-31
Agency: Alcohol and Tobacco Tax and Trade Bureau, Department of Treasury, Department of the Treasury
In this temporary rule, the Alcohol and Tobacco Tax and Trade Bureau amends its regulations relating to special (occupational) tax, to reflect a 3-year tax suspension effected by section 246 of the American Jobs Creation Act of 2004. Section 246 amends the Internal Revenue Code of 1986 to provide that, during the period from July 1, 2005, through June 30, 2008, the rate of special (occupational) tax on certain occupations will be zero. The occupations affected by the 3- year tax suspension are: Manufacturers of nonbeverage products who claim tax drawback; proprietors of distilled spirits plants, alcohol fuel plants, bonded and taxpaid wine premises, and breweries; and wholesale and retail dealers in distilled spirits, wine, and beer. The requirements to register annually and keep prescribed records remain in effect. The text of these temporary regulations serves as the text of the proposed regulations set forth in the notice of proposed rulemaking on this subject in the Proposed Rules section of this issue of the Federal Register.
Suspension of Special (Occupational) Tax (2004R-778P)
Document Number: 05-21562
Type: Proposed Rule
Date: 2005-10-31
Agency: Alcohol and Tobacco Tax and Trade Bureau, Department of Treasury, Department of the Treasury
Elsewhere in this issue of the Federal Register, the Alcohol and Tobacco Tax and Trade Bureau (TTB) is issuing a temporary rule amending the TTB regulations relating to special (occupational) tax, to reflect a 3-year tax suspension effected by section 246 of the American Jobs Creation Act of 2004. Section 246 amends the Internal Revenue Code of 1986 to provide that, during the period from July 1, 2005, through June 30, 2008, the rate of special (occupational) tax on certain occupations will be zero. The occupations affected by the 3-year tax suspension are: Manufacturers of nonbeverage products who claim tax drawback; proprietors of distilled spirits plants, alcohol fuel plants, bonded and taxpaid wine premises, and breweries; and wholesale and retail dealers in distilled spirits, wine, and beer. The requirements to register annually and keep prescribed records remain in effect. In this notice of proposed rulemaking, we are soliciting comments from all interested parties on these regulatory amendments. The text of the regulations in the temporary rule published in the Rules and Regulations section of this issue of the Federal Register serves as the text of the proposed regulations.
National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters
Document Number: 05-21531
Type: Proposed Rule
Date: 2005-10-31
Agency: Environmental Protection Agency
On September 13, 2004, EPA promulgated national emission standards for hazardous air pollutants (NESHAP) for industrial, commercial, and institutional boilers and process heaters. In this action, EPA is proposing a limited number of amendments to the NESHAP. In response to a petition for reconsideration, EPA is proposing and requesting comment on an amendment allowing for consolidated testing of commonly vented boilers under the emission averaging provision. In addition, EPA is proposing amendments and technical corrections to the final rule to clarify some applicability and implementation issues raised by stakeholders subject to the final rule.
Notice of Availability of Correspondence Regarding Revisions to the National Pollutant Discharge Elimination System Permit Regulation and Effluent Limitation Guidelines for Concentrated Animal Feeding Operations
Document Number: 05-21527
Type: Proposed Rule
Date: 2005-10-31
Agency: Environmental Protection Agency
This notice announces the availability of correspondence and the Environmental Protection Agency's (EPA's) response to inquiries regarding the Concentrated Animal Feeding Operations (CAFOs) regulations. EPA received inquiries on the permit application date in the CAFOs regulation and whether, in response to the February 28, 2005, decision by the Second Circuit Court of Appeals issued in Waterkeeper v. EPA, 399 F.3d 486 (2nd Cir. 2005), the permit application date may be extended. The 2003 CAFO rule (68 FR 7176) (``National Pollutant Discharge Elimination System Permit Regulation and Effluent Limitation Guidelines for Concentrated Animal Feeding Operations''), hereafter known as the ``2003 CAFO rule,'' contains the requirement that by February 13, 2006, all newly defined CAFOs must apply for a National Pollutant Discharge Elimination System (NPDES) permit. The 2003 CAFO rule also requires that all CAFOs develop and implement a Nutrient Management Plan by December 31, 2006. EPA is in the process of developing options for revising the 2003 CAFO rule to comply with the Second Circuit Court of Appeals' decision. The schedule for final action provides for a full and ample opportunity for public notice and comment, but it is not consistent with completion by February 13, 2006. As a result, EPA will propose to extend the permit application date of February 13, 2006, and the Nutrient Management Plan due date of December 31, 2006, in a separate NPRM. This second action will be proposed and finalized by February 13, 2006. The correspondence and the EPA's response have been added to the rulemaking docket and are available to the public.
Procedures for Transportation Workplace Drug and Alcohol Testing Programs
Document Number: 05-21488
Type: Proposed Rule
Date: 2005-10-31
Agency: Office of the Secretary, Department of Transportation
The Department of Transportation is proposing to amend certain provisions of its drug and alcohol testing procedures to change instructions to laboratories, medical review officers, and employers with respect to adulterated, substituted, diluted, and invalid specimen results. These proposed changes are intended to create consistency with specimen validity requirements established by the U.S. Department of Health and Human Services and to modify some measures taken in two of our own interim final rules. This NPRM also proposes to make specimen validity testing mandatory within the regulated transportation industries.
Airworthiness Directives; Airbus Model A320-111 Airplanes, and Model A320-200 Series Airplanes
Document Number: 05-21427
Type: Rule
Date: 2005-10-31
Agency: Federal Aviation Administration, Department of Transportation
This amendment adopts a new airworthiness directive (AD), applicable to certain Airbus Model A320-111 airplanes, and Model A320- 200 series airplanes, that requires a detailed inspection of the tail cone triangle to determine its position, and corrective actions if necessary. This action is necessary to prevent excessive vibrations of the elevators, which could result in reduced structural integrity and reduced controllability of the airplane. This action is intended to address the identified unsafe condition.
Technical Correction
Document Number: 05-21351
Type: Rule
Date: 2005-10-31
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
On September 16, 2005, the Bureau of Industry and Security published a final rule that amended the Export Administration Regulations by making several revisions and clarifications. This document corrects an inadvertent error that the final rule made in redesignating several paragraphs. This correction ensures that paragraphs in Supplement No. 2 to part 736 of the Export Administration Regulations are consistently designated.
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