November 23, 2005 – Federal Register Recent Federal Regulation Documents

The Coast Guard is extending the effective period of the safety zone in the Bering Sea, Unalaska Island, Alaska. The zone is needed to facilitate safe salvage operations related to the grounding of the merchant vessel (M/V) SELENDANG AYU. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Commander, Seventeenth Coast Guard District, the Coast Guard Captain of the Port, Western Alaska, or their on-scene representative. The intended effect of the proposed safety zone is to mitigate safety risks to salvage personnel.

On September 28, 2005 (70 FR 56566), EPA published a direct final rule to approve a State Implementation Plan (SIP) revision for the State of Texas. This action removed a provision from the Texas SIP which provided public notice for concrete batch plants which were constructed under a permit by rule (PBR). The direct final action was published without prior proposal because EPA anticipated no adverse comment. EPA stated in the direct final rule that if EPA received adverse comment by October 28, 2005, EPA would publish a timely withdrawal in the Federal Register. EPA subsequently received a timely adverse comment on the direct final rule. Therefore, EPA is withdrawing the direct final approval. EPA will address the comment in a subsequent final action based on the parallel proposal also published on September 28, 2005 (70 FR 56612). As stated in the parallel proposal, EPA will not institute a second comment period on this action.

Michigan has applied to the EPA for final authorization of the changes to its hazardous waste management program under the Resource Conservation and Recovery Act (RCRA). EPA has determined that these changes satisfy all requirements needed to qualify for final authorization and is proposing to authorize the state's changes through this proposed final action.

NMFS announces that the 2005 summer flounder commercial quota available to Massachusetts has been projected to have been harvested. To maintain consistency between state and Federal waters, NMFS is announcing the closure of summer flounder in Federal waters to coincide with the closure announced by the Massachusetts Division of Marine Fisheries (MA DMF). Vessels issued a commercial Federal fisheries permit for the summer flounder fishery may not land summer flounder in Massachusetts for the remainder of calendar year 2005, unless additional quota becomes available through a transfer. Regulations governing the summer flounder fishery require publication of this notification to advise Massachusetts of the closure and to advise vessel permit holders and dealer permit holders that no commercial quota is available for landing summer flounder in Massachusetts.

The Audio Division seeks comment on a petition filed by JBL Broadcasting, Inc., proposing the upgrade to Channel 274C3 at Cumberland, Kentucky, the reallotment of Channel 274C3 from Cumberland to Weber City, Virginia, and the modification of Station WVEK-FM's license accordingly. To accommodate the reallotment, petitioner also proposed (1) the substitution of Channel 263A for vacant Channel 274A at Glade Spring, Virginia; and (2) the substitution of Channel 273A for Channel 263A at Marion, Virginia, and the modification of Station WOLD- FM's license accordingly. Channel 274C3 can be reallotted to Weber City in compliance with the Commission's minimum distance separation with a site restriction of 10.9 kilometers (6.8 miles) south at petitioner's requested site. The reference coordinates for Channel 274C3 at Weber City are 36-31-36 North Latitude and 82-35-13 West Longitude. See SUPPLEMENTARY INFORMATION, infra.

This document sets forth a proposal to amend the FM Table of Allotments, Section 73.202(b) of the Commission's rules, 47 CFR 73.202(b). The Commission requests comment on a petition filed by Charles Crawford. Petitioner proposes the allotment of Channel 247A at Garwood, Texas, as a first local service. Channel 247A can be allotted at Garwood in compliance with the Commission's minimum distance separation requirements with a site restriction of 15.0 km (9.3 miles) northwest of Garwood. The proposed coordinates for Channel 247A at Garwood are 29-33-29 North Latitude and 96-29-12 West Longitude. Any action in this proceeding is subject to the final outcome of MM Docket No. 00-148, which dismissed by a Report and Order proposals that conflict with this proposal for the allotment of Channel 247A at Garwood. The dismissal of those proposals is currently under review. See SUPPLEMENTARY INFORMATION infra.

This notice announces the availability of a Department of Energy (DOE) document that provides guidelines to fleets covered under 10 CFR part 490 for submission of documentation for exclusion of vehicles directly used in the emergency repair or restoration of electricity service following power outages.

The Architectural and Transportation Barriers Compliance Board (Access Board) has placed in the docket and on its Web site for public review draft guidelines which address accessibility in the public right-of-way. The draft guidelines are under consideration by the Board. The purpose of placing the draft guidelines in the docket is to facilitate gathering of additional information for the regulatory assessment and the preparation of technical assistance materials to accompany a future rule. The Board is not seeking comments on the draft guidelines. The Board will issue a notice of proposed rulemaking at a future date and will solicit comments at that time, prior to issuing a final rule.

The FAA is adopting a new airworthiness directive (AD) for all Airbus Model A318-100, A319-100, A320-200, A321-100, and A321-200 series airplanes, and Model A320-111 airplanes. This AD requires an inspection to determine whether certain braking and steering control units (BSCUs) are installed or have ever been installed. For airplanes on which certain BSCUs are installed or have ever been installed, this AD requires an inspection of the nose landing gear (NLG) upper support and corrective action if necessary, and a check of the NLG strut inflation pressure and an adjustment if necessary. For some of these airplanes, this AD also requires a revision to the aircraft flight manual to incorporate an operating procedure to recover normal steering in the event of a steering failure. This AD results from a report of an incident where an airplane landed with the NLG turned 90 degrees from centerline. We are issuing this AD to prevent landings with the NLG turned 90 degrees from centerline, which could result in reduced controllability of the airplane.

This notice sets forth the Secretary's proposal to include intestines within the definition of organs covered by the rules governing the operation of the Organ Procurement and Transplantation Network. The Secretary further proposes a corresponding change to the definition of human organs covered by section 301 of the National Organ Transplant Act, as amended.

The Small Business Reauthorization and Manufacturing Assistance Act of 2004 requires the U.S. Small Business Administration (SBA or Agency) to promulgate regulations to carry out the Agency's statutory authority to provide assistance for the benefit of small business through activities sponsored with outside entities (for-profit and not-for-profit entities and Federal, state and local government officials or entities) as well as activities solely sponsored by SBA. This final rule implements that authority and sets forth minimum requirements for these activities as well as the Agency's solicitation and acceptance of gifts.

The Food and Drug Administration (FDA) is amending its regulations on the exportation of investigational new drugs, including biological products. The final rule describes four different mechanisms for exporting an investigational new drug product. These provisions implement changes in FDA's export authority resulting from the FDA Export Reform and Enhancement Act of 1996 and also simplify the existing requirements for exports of investigational new drugs.

This NPRM proposes new rules that will require operators and manufacturers of transport-category airplanes to take steps that, in combination with other required actions, should greatly reduce the chances of a catastrophic fuel-tank explosion. The proposal follows seven years of intensive research by the FAA in collaboration with industry into promising technologies designed to make fuel tanks effectively inert, thus preventing electrical and other systems from igniting flammable vapors in the fuel tank ullage (vapor space). The result of that research is that fuel tank inerting, originally thought to be prohibitively expensive, can now be accomplished in a reasonably cost-effective fashion and protect the public from future calamities which, we have concluded, are otherwise virtually certain to occur. The new rules, if adopted, would not actually direct the adoption of specific inerting technology either by manufacturers or operators but would establish a performance-based set of requirements that do not specifically direct the use of fuel-inerting but rather set acceptable levels of flammability exposure in tanks most prone to explosion or require the installation of an ignition mitigation means in an affected fuel tank. Technology now provides a variety of commercially feasible methods to accomplish these vital safety objectives.

EPA is taking direct final action to approve revisions to the Imperial County Air Pollution Control District (ICAPCD) and Santa Barbara County Air Pollution Control District (SBCAPCD) portions of the California State Implementation Plan (SIP). Under authority of the Clean Air Act as amended in 1990 (CAA or the Act), we are approving local rules that are administrative and address changes for clarity and consistency.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 737-600, -700, -700C, and -800 series airplanes. This AD requires inspecting/measuring the length of the attachment fasteners between the nacelle support fittings and the lower wing skin panels, and related investigative/corrective actions if necessary. This AD results from a report from the manufacturer that in production, during the installation of certain attachment fasteners for the nacelle support fittings, only one washer was installed instead of two. We are issuing this AD to prevent inadequate fastener clamp-up, which could result in cracking of the fastener holes, cracking along the lower wing skin panels, fuel leaking from the wing fuel tanks onto the engines, and possible fire.

We, the Fish and Wildlife Service (Service), give notice that we are reopening the comment period for the proposed rule to delist the Mexican bobcat (Lynx rufus escuinapae) under the Endangered Species Act of 1973 (Act), as amended. The proposed rule was published and the public comment period initially opened on May 19, 2005 and the comment period closed on August 17, 2005. We are now reopening the comment period so that we may obtain comments from additional peer reviewers and other interested persons. Comments previously submitted do not need to be resubmitted because they will be incorporated into the public record as part of this comment period and will be fully considered in the final determination.

The Postal Service \TM\ is adopting new international mail postage rates and fees. The total international rate increase is 5.9 percent. To the extent possible, the targeted increase is 5.4 percent, consistent with our domestic rate filing with the Postal Rate Commission. We are implementing this international pricing change at the same time as our domestic pricing change.

The Audio Division, at the request of Hunt Broadcasting, Inc., allots Channel 293C2 at Terrebonne, Oregon, as the community's first local FM service. Channel 293C2 can be allotted to Terrebonne, Oregon, in compliance with the Commission's minimum distance separation requirements with a site restriction of 19.8 km (12.3 miles) southeast of Terrebonne. The coordinates for Channel 293C2 at Terrebonne, Oregon, are 44-14-50 North Latitude and 120-58-39 West Longitude.

In response to a Notice of Proposed Rule Making (``Notice''), 70 FR 15047 (March 24, 2005), this Report and Order dismisses a rulemaking proceeding requesting that Channel 241C1, Station KYKZ(FM) (``KYKZ''), Lake Charles, Louisiana, be reallotted to Sour Lake, Texas, and the license of Station KYKZ be modified accordingly. Cumulus Licensing LLC (``Cumulus''), the proponent of this rulemaking, requested Commission approval for the withdrawal of its Petition for Rule Making and its expression of interest in implementing its rulemaking proposal. Cumulus filed a declaration that there are no agreements relating to the withdrawal of its Petition for Rule Making and that neither it nor any of its principals has received or will receive any consideration in connection with the withdrawal of its expression of interest in this proceeding.

This document denies a Petition for Reconsideration filed by Southern Broadcasting Companies and Radio Georgia, Inc. directed at the Report and Order in this proceeding, which allotted Channel 295A at Americus, Georgia. See 70 FR 41630, published July 20, 2005. With this action, the proceeding is terminated.

This document sets forth a proposal to amend the FM Table of Allotments, Sec. 73.202(b) of the Commission's rules, 47 CFR 73.202(b). The Commission requests comment on a petition filed by Charles Crawford. Petitioner proposes the allotment of Channel 268C3 at Okeene, Oklahoma, as a first local service. Channel 268C3 can be allotted at Okeene in compliance with the Commission's minimum distance separation requirements with a site restriction of 19.1 km (11.9 miles) northeast of Okeene. The proposed coordinates for Channel 268C3 at Okeene are 36-15-00 North Latitude and 98-11-00 West Longitude. See SUPPLEMENTARY INFORMATION infra.

This document requests comments on a petition for rulemaking filed by Radioactive, LLC, permittee of an unconstructed FM station, Channel 223A, Old Forge, New York. Petitioner proposes to reallot Channel 223A from Old Forge to Black River, as the community's first local aural transmission service, and to modify the construction permit authorization for Channel 223A to reflect the change of community. The proposed coordinates for Channel 223A at Black River are 44-04-01 NL and 75-38-53 WL with a site restriction of 13.3 kilometers (8.3 miles) northeast of the community.