November 2005 – Federal Register Recent Federal Regulation Documents

This action proposes to establish Restricted Area 5601F (R- 5601F) at Fort Sill, OK. The United States (U.S.) Army requests that the FAA take action to establish R-5601F to provide additional airspace needed to support new high angle air-to-ground training requirements for Air Force, Navy, and Marine aircraft operating over the Falcon Bombing Range. This action would also enhance Fort Sill's ability to host joint training.

National Marine Fisheries Service (NMFS) proposes to revise the current critical habitat for the northern right whale (Eubalaena glacialis) by designating additional areas within the North Pacific Ocean. Two specific areas proposed for designation, one in the Gulf of Alaska and another in the Bering Sea, comprise approximately 95,200 square kilometers (36,750 square miles) of marine habitat. Based upon the impacts analysis prepared for this action, NMFS has concluded that the benefits of exclusion of any area from the proposed critical habitat designation do not outweigh the benefits of inclusion. Consequently, no exclusions are proposed. NMFS must consider the broad effects of this designation (revision). NMFS solicits comments from the public on all aspects of the proposal, including information on the economic, national security, and other relevant impacts of the proposed designation. NMFS may revise this proposal and solicit additional comments prior to final designation to address new information received during the comment period.

The Commander, First Coast Guard District, has issued a temporary deviation for the Brightman Street Bridge, at mile 1.8, across the Taunton River between Fall River and Somerset, Massachusetts. Under this temporary deviation the bridge may remain closed from 9 p.m. on December 2, 2005 through 5 a.m. on December 12, 2005. The purpose of this temporary deviation is to facilitate scheduled bridge repairs.

The Commander, First Coast Guard District, has issued a temporary deviation from the drawbridge operation regulations for the Metropolitan Avenue Bridge, mile 3.4, across English Kills at New York City, New York. Under this temporary deviation the bridge may remain in the closed position from November 14, 2005 through November 20, 2005. This temporary deviation is necessary to facilitate scheduled bridge maintenance.

EPA is amending the national emission standards for hazardous air pollutants (NESHAP) for primary aluminum reduction plants. The amendments will revise the emission limit for polycyclic organic matter (POM) applicable to one potline subcategory. The amendments will revise the compliance provisions to clarify the dates by which all plants must meet the NESHAP requirements, and to specify the time allowed to demonstrate initial compliance for a new or reconstructed potline, anode bake furnace, or pitch storage tank as well as an existing potline or anode bake furnace that has been shutdown and subsequently restarted. We are making these amendments to reduce compliance uncertainties and improve understanding of the NESHAP requirements.

EPA is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of Utah. On April 1, 2004, the Governor of Utah submitted an attainment demonstration and plan for the Provo metropolitan area (hereafter, Provo area) for the carbon monoxide (CO) National Ambient Air Quality Standard (NAAQS) to replace the demonstration and plan that were submitted by Governor Leavitt on July 11, 1994. The Governor's submittal also contained a request to redesignate the Provo area to attainment for the CO NAAQS and a maintenance plan which includes transportation conformity motor vehicle emission budgets (MVEB) for 2014 and 2015. The Governor also submitted revisions to: Utah's Rule R307-110-12, ``Section IX, Control Measures for Area and Point Sources, Part C, Carbon Monoxide,'' which incorporates the attainment demonstration, plan, and maintenance plan; Utah's Rule R307-110-31, ``Section X, Vehicle Inspection and Maintenance Program, Part A,'' which incorporates general requirements and applicability for motor vehicle emissions inspections; and Utah's Rule R307-110-34, ``Section X, Vehicle Inspection and Maintenance Program, Part D, Utah County,'' which incorporates a revised vehicle inspection and maintenance program for Utah County. The Governor's April 1, 2004 submittal also stated that the prior July 11, 1994 submittal of Utah's Rule R307-1-4.12, ``Emissions Standards for Residential Solid Fuel Burning Devices and Fireplaces'' to restrict woodburning in Utah County, remains part of her April 1, 2004 submittal and requested that Utah's Rule R307-301, ``Oxygenated Gasoline Program,'' be eliminated from the Federally- approved SIP. We note that on September 20, 1999, the Governor submitted Utah Rules R307-302-3 and -4, which together comprise a re- numbered and re-titled version of R307-1-4.12. The text of Rules R307- 302-3 and -4 is identical to the text of Rule R307-1-4.12 that the Governor submitted on July 11, 1994. EPA is proposing to approve the Provo area's attainment demonstration and plan, the request for redesignation to attainment for the Provo area, the maintenance plan, the transportation conformity MVEBs for 2014 and 2015, the revisions to Rule R307-110-12, the revisions to Rule R307-110-31, the revisions to Rule R307-110-34, Rules R307-302-3 and -4, and the request to remove Rule R307-301 from the Federally-approved SIP. EPA is also identifying the transportation conformity MVEB for the year 2000, which is derived from the attainment year emission inventory in the attainment plan. This action is being taken under section 110 of the Clean Air Act. In the ``Rules and Regulations'' section of this Federal Register, EPA is approving the State's SIP revisions as a direct final rule without prior proposal because the Agency views this as a noncontroversial SIP revision and anticipates no adverse comments. A detailed rationale for the approval is set forth in the preamble to the direct final rule. If EPA receives no adverse comments, EPA will not take further action on this proposed rule. If EPA receives adverse comments, EPA will withdraw the direct final rule and it will not take effect. EPA will address all public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment.

Section 137 of the Energy Policy Act of 2005 requires the Commission to conduct a rulemaking to examine the effectiveness of current energy efficiency labeling requirements for consumer products issued pursuant to the Energy Policy and Conservation Act. In response to that directive, the Commission is seeking comments on the effectiveness of the Appliance Labeling Rule and suggestions for improvements to the energy labeling program. The Commission is also requesting comments about the overall costs and benefits of the Rule and its overall regulatory and economic impact as a part of the Commission's systematic review of all its regulations and guides.

The FAA is adopting a new airworthiness directive (AD) for General Electric Company (GE) CF6-80E1 series turbofan engines installed on Airbus Industrie A330 series airplanes. This AD requires a check of the holding torque of the thrust reverser actuation system (TRAS) locks, and if necessary a visual inspection of the TRAS lock flexible drive shafts, within 10 flight cycles after all aborted takeoffs in which the thrust reverser was deployed. This AD results from reports of operators finding several damaged TRAS lock flexible drive shafts during inspections and checks of the drive shafts. We are issuing this AD to prevent inadvertent in-flight deployment of the thrust reverser, which can result in loss of control of the airplane.

The FAA proposes to supersede an existing airworthiness directive (AD), AD 95-04-11, for Honeywell International Inc., (formerly AlliedSignal, Inc. and Textron Lycoming) ALF502L series and ALF502R series turbofan engines. That AD currently establishes stress rupture retirement life limits for certain third stage turbine discs used in conjunction with certain third stage turbine nozzles. This proposed AD would bring requirements forward and unchanged, from the previous AD for ALF502R series turbofan engines. Also, this proposed AD would establish new reduced stress rupture retirement life limits for certain part numbers (P/Ns) of third stage turbine disc and shaft assemblies installed in ALF502L series turbofan engines. This proposed AD would also require removing those same parts from service using a drawdown schedule. This proposed AD results from a report of failure of a third stage turbine disc and shaft assembly, leading to turbine blade release and separation of the exhaust nozzle. We are proposing this AD to prevent total loss of engine power, in-flight engine shutdown, release of turbine blades, separation of the exhaust nozzle, and possible damage to the airplane.

This action extends the expiration date of Special Federal Aviation Regulation (SFAR) No. 105 through March 31, 2006. This action is necessary to maintain the reservation system established for unscheduled arrivals at O'Hare International Airport while the FAA completes rulemaking associated with scheduled arrivals at the airport.

The Defense Contract Audit Agency (DCAA) is proposing to update the DCAA Privacy Act Program Rules, 32 CFR, Part 317, by deleting references to a cancelled publication and by adding guidance concerning the blanket exemption for classified material.

EPA is approving a revision to the Maryland State Implementation Plan (SIP). The revision repeals Maryland's Nitrogen Oxides (NOX) Budget Program under COMAR 26.11.27 and 26.11.28. This action is in accordance with the Clean Air Act.

This amendment amends Standard Instrument Approach Procedures (SIAPs) for operations at certain airports. These regulatory actions are needed because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, addition of new obstacles, or changes in air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

This document requests comments on a petition for rule making filed by Force 5 Communications, LLC) (Petitioner''), licensee of Station WBOP(FM) (``WBOP''), Channel 292B1, Churchville, Virginia. Petitioner requests that the Commission allot Channel 292A to Marlinton, West Virginia. It also proposes to reallot Channel 292B1 from Churchville to Keswick, Virginia, substitute Channel 291A for Channel 292B1 at Keswick, and modify Station WBOP's license accordingly. The coordinates for Channel 292A at Marlinton, West Virginia are 38-13-24 NL and 80-05-41 WL. The coordinates for Channel 291A at Keswick, Virginia, are 38-01-48 NL and 78-22-55 WL, with a site restriction of 2.1 kilometers (1.3 miles) northwest of Keswick.

The Audio Division, at the request of Vernal Enterprises, Inc., licensee of Station WHPA(FM), Channel 228A, Barnesboro, Pennsylvania, deletes Channel 228A at Barnesboro, Pennsylvania, from the FM Table of Allotments, allots Channel 228A at Gallitzen, Pennsylvania, as the community's first local FM service, and modifies the license of Station WHPA(FM) to specify operation on Channel 228A at Gallitzen. Channel 228A can be allotted to Gallitzen, Pennsylvania, in compliance with the Commission's minimum distance separation requirements with a site restriction of 14.8km (9.0 miles) north of Gallitzen. The coordinates for Channel 228A at Gallitzen, Pennsylvania, are 40-36-31 North Latitude and 78-36-21 West Longitude.

At Media Division dismisses the Petition for Rule Making filed by Good Karma Broadcasting, LLC, proposing the reallotment of Channel 263A from Columbus to Monona, Wisconsin, and the modification of Station WTLX(FM)'s license accordingly. See 709 FR 17046, April 4, 2005. It is not conducive to the efficient processing of petitions for rule making for the Commission to accept an ungranted construction permit application as a ``backfill'' to replace the prospective loss of a sole local service of a community.

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 Audio Division requests comment on a petition filed by Radio and Investments, Inc., pursuant to section 1.420(i) of the Commission's rules, 47 CFR 1.420(i). Petitioner proposes to change the community of license for Station KDDK(FM) from Franklin to Addis, Louisiana, and to change the FM Table of Allotments by deleting Channel 288A at Franklin, Louisiana, and by adding Channel 288A at Addis, Louisiana, as the community's first local aural broadcast service. The proposed coordinates for Channel 288A at Addis, Louisiana, are 30-19-03 NL and 91-17-05 WL. The allotment will require a site restriction of 4.4 km (2.7 miles) southwest of Addis. In order to accommodate the allotment of Channel 288A at Addis, the petitioner further requests a consensual site change for Station KDDK(FM), Channel 288A, Eunice, Louisiana. The proposed reference coordinates for Channel 288A at Eunice, Louisiana, are 30-23-25 NL and 92-29-00 WL, with a site restriction of 12.9 km (8 miles) southwest of Eunice.

The Audio Division, at the request of Charles Crawford, allots Channel 296C3 at Cameron, Louisiana, as the community's first local service, and dismisses a counterproposal filed by Pittman Broadcasting Services, LLC to allot Channel 296A at Hackberry, Louisiana. See 70 FR 19397, published April 13, 2005. See also Public Notice, Report No. 2723, RM-11266*, issued July 29, 2005. Channel 296C3 can be allotted to Cameron in compliance with the Commission's minimum distance separation requirements. The reference coordinates for Channel 296C3 at Cameron are 29-47-48 North Latitude and 93-19-30 West Longitude. A filing window for Channel 296C3 at Cameron, Louisiana will not be opened at this time. Instead, the issue of opening a filing window for this channel will be addressed by the Commission in a subsequent order.

The Department of the Army is proposing to revise our rules that prescribe policy, criteria, and administrative instructions concerning individual military awards and to incorporate laws enacted and policies approved since the rule was last published in 1956.

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the Fender's blue butterfly (Icaricia icarioides fenderi), and two plants, Lupinus sulphureus ssp. kincaidii (Kincaid's lupine), and Erigeron decumbens var. decumbens (Willamette daisy) pursuant to the Endangered Species Act of 1973, as amended (Act). We are proposing to designate 3,089 acres (ac) (1,250 hectares (ha) as critical habitat for Fender's blue butterfly, 724 ac (293 ha) as critical habitat for L. sulphureus ssp. kincaidii, and 718 ac (291 ha) as critical habitat for E. decumbens var. decumbens. The proposed critical habitat is located in Polk, Benton, Yamhill, Lane, Marion, Linn, and Douglas Counties, Oregon, and Lewis County, Washington.

NMFS is opening directed fishing for pollock in Statistical Area 630 of the Gulf of Alaska (GOA) for 24 hours. This action is necessary to fully use the 2005 total allowable catch (TAC) of pollock specified for Statistical Area 630.

This action reopens the public comment period for the action entitled ``Performance Specification 16 for Predictive Emission Monitoring Systems and Amendments to Testing and Monitoring Provisions'' that was proposed in the Federal Register on August 8, 2005 (70 FR 45608). The 60-day comment period in the proposal ended October 8, 2005. The comment period is being reopened for two weeks, from November 2-16, 2005. A public commenter requested that the comment period be reopened to allow them to prepare their response since they are a leading vendor of predictive emission monitoring systems and are significantly impacted by the rule. The intended effect of this action is to allow the affected public sufficient time to review and comment on the proposed action.

EPA is taking final action to approve revisions to the Delaware State Implementation Plan (SIP). The revisions were submitted by the Delaware Department of Natural Resources and Environmental Control (DNREC) and consist of modifications to the ambient air quality standards for ozone and fine particulate matter. EPA is approving these revisions in the SIP in accordance with the Clean Air Act (CAA).

This document corrects the preamble to a proposed rule published in the Federal Register on September 21, 2005, regarding flightdeck door monitoring and crew discreet alerting systems. This correction adds two vendors that sell video camera systems to the ones cited in the preamble.

In this document, the Commission takes immediate steps to assist the victims of Hurricane Katrina by making available approximately $211 million of targeted support from the Universal Service Fund (``USF'') for reconstruction and remediation relating to the restoration of telecommunications services. We expect that these measures will help the victims of Hurricane Katrina recover from the catastrophic damage and help the affected communities rebuild.