November 17, 2005 – Federal Register Recent Federal Regulation Documents

The Nuclear Regulatory Commission (NRC) is granting in part, a petition for rulemaking (PRM-50-80) submitted by the Union of Concerned Scientists (UCS) and San Luis Obispo Mothers for Peace (MFP). The petitioners requested two rulemaking actions in PRM-50-80. First, the petitioners requested the regulations establishing conditions of licenses and requirements for evaluating proposed changes, tests, and experiments for nuclear power plants be revised to require licensee evaluation of whether the proposed actions cause protection against radiological sabotage to be decreased and, if so, that the changes, tests, and experiments only be conducted with prior NRC approval. The NRC is contemplating a rulemaking action that would address the petitioners' request and, if issued as a final rule, essentially grant this portion of the petition. Second, the petitioners requested that regulations governing the licensing and operation of nuclear power plants be amended to require licensees to evaluate facilities against specified aerial hazards and make changes to provide reasonable assurance that the ability of the facility to reach and maintain safe shutdown will not be compromised by such aerial hazards. The NRC is deferring resolution of the second issue of the petition at this time. The NRC intends to address this issue when the NRC responds to comments on its proposed Design Basis Threat rule. The petitioners further requested the Commission to suspend the Diablo Canyon Independent Spent Fuel Storage Installation (ISFSI) proceeding during the NRC's consideration of PRM-50-80. That request was denied by Commission Memorandum and Order CLI-03-04, dated May 16, 2003.

The U.S. Small Business Administration (SBA) announces the waiver for SBA's GO Loan Pilot of certain Agency regulations applicable to the 7(a) Business Loan Program, including those relating to personal assets of borrowers, interest rates and provisions that prohibit lenders from charging certain fees. SBA's GO Loan Pilot provides expedited small business financing to those communities severely impacted by Hurricanes Katrina and Rita. SBA intends for these waivers to minimize the burden on businesses applying for loans through the GO Loan Pilot and to provide incentives for lenders to participate in the pilot.

The Office of the Comptroller of the Currency (OCC) is issuing this interim final rule, with a request for comment, to amend its regulation at 12 CFR Part 8 concerning the timing of payments of OCC assessments. The interim final rule replaces the current process of assessment collection, which requires national banks to make the initial calculation of the amount due to the OCC. Under the revised assessment of fees process established by this interim rule, the OCC, rather than each national bank, will calculate the semiannual assessment fee based on the most recent Consolidated Reports of Condition and Income (Call Report). The fee will be due by March 31 and September 30 of each year, two months later than under the current process. Thus, payments that would have been due on January 31, 2006, will instead be due on March 31, 2006. The OCC will notify each national bank of the amount of its semiannual assessment and will automatically deduct that amount from each bank's designated bank account on the payment due date. The interim rule changes the assessment collection process only; it does not make any changes to the method for calculating assessments due from national banks.

On May 16, 2003, EPA promulgated national emission standards for hazardous air pollutants (NESHAP) for new and existing sources at brick and structural clay products (BSCP) manufacturing facilities (the final rule). Subsequently, the Administrator received a petition for reconsideration of the final rule. On April 22, 2005, EPA announced its reconsideration of one issue arising from the final rule. Specifically, we (EPA) requested public comment on our decision to base the maximum achievable control technology (MACT) requirements for certain tunnel kilns on dry limestone adsorption technology. As a result of this reconsideration process, we have concluded that the MACT floors and standards determined at promulgation are correct, and no changes to the final rule are warranted. We, therefore, are taking no amendatory action with respect to these requirements.

We, the U.S. Fish and Wildlife Service (Service), propose to establish a distinct population segment (DPS) of the grizzly bear (Ursus arctos horribilis) for the greater Yellowstone Ecosystem and surrounding area. We also propose to remove the Yellowstone DPS from the List of Threatened and Endangered Wildlife. The Yellowstone grizzly bear population is no longer an endangered or threatened population pursuant to the Endangered Species Act of 1973, as amended (ESA), based on the best scientific and commercial information available. Robust population growth, coupled with State and Federal cooperation to manage mortality and habitat, widespread public support for grizzly bear recovery, and the development of adequate regulatory mechanisms, has brought the Yellowstone grizzly bear population to the point where making a change to its status is appropriate. The proposed delisting of the Yellowstone DPS would not change the threatened status of the remaining grizzly bears in the lower 48 States, which will remain protected by the ESA. If this proposed action is finalized, the Service intends to initiate a 5-year review of grizzly bear populations in the conterminous States outside of the Yellowstone DPS based on additional scientific information that is currently being collected and analyzed. Additionally, prior to finalizing the proposed action, the Service will(1) finalize the Conservation Strategy that will guide post-delisting management of the grizzly bear in the Greater Yellowstone Area; (2) append habitat-based recovery criteria to the Recovery Plan; (3) append genetic monitoring information to the Recovery Plan; and (4) finalize revised methodology for calculating total population size, known to unknown mortality ratios, and sustainable mortality limits for the Yellowstone grizzly bear population. Both the Conservation Strategy and the supplemental information to be appended to the Recovery Plan have already undergone public review and comment (62 FR 19777, April 23, 1997; 62 FR 47677, September 10, 1997; 64 FR 38464, July 16, 1999; 64 FR 38465, July 16, 1999; 65 FR 11340, March 2, 2000). In a subsequent notice, the revised methodology pertaining to population parameters will be made available for public review and comment. It will be finalized, with public comments incorporated, before this proposed rule is finalized. Finally, the U.S. Forest Service will finalize their Forest Plan Amendments for Grizzly Bear Conservation for the Greater Yellowstone Area National Forests prior to the Service finalizing this action.

This final rule amends the regulations pertaining to execution and filing of forms in order to reflect the new address of the Arizona State Office of the Bureau of Land Management (BLM), which moved on October 5, 2005. All filings and other documents relating to public lands in Arizona must be filed at the new address of the State Office.

The Federal Election Commission is eliminating from its regulations an exemption allowing State, district, and local committees and organizations of a political party to use only Levin funds to pay for certain types of Federal election activity aggregating $5,000 or less in a calendar year. In Shays v. FEC, the District Court invalidated the exemption and remanded the regulation to the Commission for further action consistent with the court's opinion. The Commission appealed this ruling, and the Court of Appeals for the D.C. Circuit affirmed the District Court's decision. The repeal of this rule means that State, district, and local political party committees and organizations must pay for these specific types of Federal election activity either entirely with Federal funds, or with a mix of Federal funds and Levin funds. Further information is provided in the supplementary information that follows.

This action proposes to revise the Class E airspace at Holy Cross, AK. Two new Standard Instrument Approach Procedures (SIAPs) and a revised Departure Procedure (DP) are being published for the Holy Cross Airport. Adoption of this proposal would result in revised Class E airspace upward from 700 feet (ft.) above the surface at Holy Cross, AK.

This action proposes to establish new Class E airspace at Koyuk, AK. Two revised procedures and one new Standard Instrument Approach Procedure (SIAP) are being published for the Koyuk Airport. Additional Class E Airspace is needed to contain aircraft executing instrument approaches at Koyuk Airport. Additionally, one small section of Class G airspace surrounded by Class E airspace will be converted to Class E airspace by this action. Adoption of this proposal would result in creation of additional Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at Koyuk, AK.

This action establishes Class E airspace at Nikolai, AK to provide adequate controlled airspace to contain aircraft executing two new Standard Instrument Approach Procedures (SIAPs). This rule results in new Class E airspace upward from 700 feet (ft.) above the surface at Nikolai Airport, AK.

This action modifies Class E airspace at Egegik, AK to provide adequate controlled airspace to contain aircraft executing two revised Standard Instrument Approach Procedures (SIAPs). This rule results in revised Class E airspace upward from 700 feet (ft.) above the surface at Egegik Airport, AK.

The Farm Credit Administration (FCA, Agency, us, or we) is proposing to amend regulations governing the Federal Agricultural Mortgage Corporation (Farmer Mac or the Corporation). Analysis of the Farmer Mac risk-based capital stress test (RBCST or the model) in the 3 years since its first official submission as of June 30, 2002, has identified several opportunities to update the model in response to changing financial markets, new business practices and the evolution of the loan portfolio at Farmer Mac, as well as continued development of best-industry practices among leading financial institutions. The proposed rule focuses on improvements to the RBSCT by modifying regulations found at 12 CFR part 652, subpart B. The effect of the proposed rule is intended to be a more accurate reflection of risk in the model in order to improve the model's outputFarmer Mac's regulatory minimum capital level. The proposed rule also makes one clarification relating to Farmer Mac's reporting requirements at 12 CFR 655.50(c).

As required by the Energy Policy Act of 2005 (EPAct), the Departments of Agriculture, the Interior, and Commerce are jointly establishing procedures for a new category of expedited trial-type hearings. The hearings will resolve disputed issues of material fact with respect to conditions or prescriptions that one or more of the Departments develop for inclusion in a hydropower license issued by the Federal Energy Regulatory Commission (FERC) under the Federal Power Act. The three Departments are also establishing procedures for the consideration of alternative conditions and prescriptions submitted by any party to a license proceeding, as provided in EPAct. Three substantively identical rules are being promulgatedone for each agencywith a common preamble. The rules are effective immediately, so that interested parties may avail themselves of the new hearing right and alternatives process created by the EPAct, but the Departments are requesting comments on ways the rules can be improved.