2005 – Federal Register Recent Federal Regulation Documents

In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations relating to the disregard of affiliate-owned stock in determining the percentage of stock of a foreign corporation held by former shareholders or partners of a domestic entity, in order to determine whether the foreign corporation is a surrogate foreign corporation under section 7874 of the Internal Revenue Code (Code). The text of those regulations also serves as the text of these proposed regulations. This document also provides notice of a public hearing on these proposed regulations.

NMFS is specifying the final quotas for the ocean quahog fishery for 2006 and 2007. Specifications for the Atlantic surfclam and Maine ocean quahog fishery, which remain unchanged from the 2005-2007 multi-year quota specifications, are reprinted here for clarity. Regulations governing these fisheries require NMFS to publish the revised allowable harvest levels of ocean quahogs from the Exclusive Economic Zone for the 2006 and 2007 fishing years.

The Coast Guard is changing the regulations governing six bridges across Bayou Lafourche, south of the Gulf Intracoastal Waterway, in Lafourche Parish, Louisiana. The Lafourche Parish Council has requested that the bridges remain closed to navigation at various times on weekdays during the school year. These closures will facilitate the safe, efficient movement of staff, students and other residents within the parish.

This proposal would revise Class E airspace at Jackson, WY. Additional Class E airspace is necessary to accommodate aircraft using a new Localizer Performance with Vertical Guidance (LPV) approach procedure, with Lateral/Vertical Navigation (LNAV/VNAV) minimums. This action would improve the safety of Instrument Flight Rules (IFR) aircraft executing the new LPV approach procedure at Jackson Hole Airport, Jackson, WY.

The regulations contained in the temporary rule, emergency action, published on October 18, 2005, at the request of the U.S. Food and Drug Administration (FDA), which are scheduled to expire on December 31, 2005, are extended through June 30, 2006. In the October 18, 2005, action, NMFS reinstated and corrected the temporary regulations published on September 9, 2005, which reopened a portion of Federal waters of the Gulf of Maine, Georges Bank, and southern New England that it had previously closed from June 14 through September 30, 2005, to the harvest for human consumption of certain bivalve molluscan shellfish due to the presence in those waters of the toxin that causes Paralytic Shellfish Poisoning (PSP). The FDA has determined that there is insufficient analytical data to support the scheduled reopening of the entire area to all bivalve molluscan shellfish fishing on January 1, 2006.

The Food and Drug Administration (FDA) published in the Federal Register of August 28, 2003 (68 FR 51693), a direct final rule to amend the regulation on the designation of ingredients in dietary supplements by incorporating by reference the most recent editions of the references Herbs of Commerce and the International Code of Botanical Nomenclature. The direct final rule also would have added a sentence to this regulation codifying the requirements contained in the Farm Security and Rural Investment Act of 2002 (Public Law 107-171) that restrict the use of the term ``ginseng'' as a common or usual name to botanicals within the genus ``Panax'' and limiting the use of the term ``ginseng'' to labeling and advertising of herbs or herbal ingredients classified within the genus ``Panax.'' FDA is withdrawing the direct final rule because the agency received significant adverse comment.

The Federal Aviation Administration (FAA) announces the availability of final policy on Acceptable Methods of Compliance with Title 14 Code of Federal Regulations (CFR) Sec. 25.562(c)(5) for Front Row Passenger Seats.

The Office of Thrift Supervision (OTS) is amending its regulations to incorporate a number of technical and conforming amendments. They include clarifications and corrections of typographical errors.

The FAA adopts a new airworthiness directive (AD) to supersede AD 2004-08-13, which applies to certain BURKHARDT GROB LUFT-UND RAUMFAHRT GmbH & CO KG (Burkhardt Grob) Models G103 TWIN ASTIR, G103 TWIN II, G103 TWIN III ACRO, and G103 C Twin III SL sailplanes. AD 2004-08-13 currently requires you to replace the center of gravity (CG) release hook attachment brackets with brackets of improved design. This AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Germany. This AD retains all the actions required in AD 2004-08-13 and adds Model G103A TWIN II ACRO sailplanes to the applicability. We are issuing this AD to prevent abnormal or uncontrolled sailplane release due to cracked CG release hook attachment brackets. This condition could result in reduced or loss of sailplane control.

The EPA is approving State Implementation Plan (SIP) revisions submitted by the State of Alabama on February 23, 2005. The revision responds to the EPA's regulation entitled, ``Interstate Ozone Transport: Response to Court Decisions on the Nitrogen Oxides (NOX) SIP Call, NOX SIP Call Technical Amendments, and Section 126 Rules,'' otherwise known as the ``NOX SIP Call Phase II.'' This revision satisfies EPA's rule that requires Alabama to submit NOX SIP Call Phase II revisions needed to achieve the necessary incremental reductions of NOX. The intended effect of this SIP revision is to reduce emissions of NOX in order to help attain the National Ambient Air Quality Standard (NAAQS) for ozone. The revision also corrects a typographical error and deletes an expired provision pertaining to open burning in Morgan County, Alabama in 2003.

This regulation amends 40 CFR 180.469 by extending the expiration/revocation date of the time-limited tolerances for residues of acetamide, 2,2-dichloro-N,N-di-2-propenyl- (dichlormid) in or on field corn (forage, grain, stover), pop corn (grain, stover), and sweet corn (forage, kernel plus cob with husks removed, stover) at 0.05 ppm. The current tolerances are set to expire on December 31, 2005. This rule extends the expiration/revocation date of these time-limited tolerances to December 31, 2008.

In this document, the Commission extends for an additional year the waiver of the emergency (911) call handling requirement for providers of Video Relay Service (VRS). The Commission extends the waiver for one year in view of continued technological challenges to determining the geographic location of telecommunications relay service (TRS) calls that originate via the Internet, and the VRS 911 NPRM addressing the issue.

In this document the Commission amends the definition of an Enhanced Specialized Mobile Radio (ESMR) system; further delineates the relocation rights of 800 MHz incumbent licensees; narrows the Expansion Band in the Atlanta, Georgia region; reaffirms the Commission's authority to grant Nextel Communications, Inc. (Nextel) spectrum rights to ten megahertz of spectrum in the 1.9 GHz band; permits the Transition Administrator (TA) to follow a calendar year for reporting schedule purposes; permits Nextel to receive credit in the 800 MHz `true-up' process for the relocation of certain additional BAS incumbent licensees whose licenses were issued prior to November 12, 2004; and clarifies the definitions of ``unacceptable interference'' and ``Critical Infrastructure Industries'' (CII).

EPA is promulgating amendments to the national emission standards for hazardous air pollutants (NESHAP) for industrial, commercial, and institutional boilers and process heaters which EPA promulgated on September 13, 2004. After promulgation of the final rule for boilers and process heaters, the Administrator received petitions for reconsideration of certain provisions in the final rule. On July 27, 2005, EPA published a notice of reconsideration and requested public comment on certain aspects of the health-based compliance alternatives, as outlined in 40 CFR 63.7507 and appendix A to the final rule (40 CFR part 63, subpart DDDDD). After evaluating public comment on the notice of reconsideration, we are retaining the health-based compliance alternatives in the final rule in substantially the same form. However, we are making a limited number of amendments to 40 CFR 63.7507 and appendix A to the final rule to improve and clarify the process for demonstrating eligibility to comply with the health-based compliance alternatives contained in the final rule.

NMFS proposes initial specifications for the 2006 fishing year for Atlantic mackerel, squid, and butterfish (MSB). Regulations governing these fisheries require NMFS to publish proposed specifications for the upcoming fishing year and to provide an opportunity for public comment. The intent of this action is to fulfill this requirement and to promote the development and conservation of the MSB resources.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Lycoming Engines (formerly Textron Lycoming) AEIO-360, IO- 360, O-360, LIO-360, and LO-360 series reciprocating engines. This proposed AD would require replacing certain crankshafts. This proposed AD results from a report of a crankshaft failure in a Lycoming LO-360- A1H6 reciprocating engine. We are proposing this AD to prevent failure of the crankshaft, which could result in total engine power loss, in- flight engine failure, and possible loss of the aircraft.

This rule terminates the marketing order for fresh Bartlett pears grown in Oregon and Washington, Marketing Order No. 931 (order), and the rules and regulations issued thereunder. On May 21, 2005, Marketing Order No. 927 was amended to include regulatory authority over Bartlett pears grown in Oregon and Washington, historically regulated by the order. That action anticipated the termination of Order No. 931. Thus, there is no need to continue the operation of the order.

In this document the Federal Communications Commission (``Commission'') adopts competitive bidding rules for the 800 MHz commercial Air-Ground Radiotelephone Service and the 400 MHz general aviation Air-Ground Radiotelephone Service. The Commission will auction licenses in both of these services in conformity with the general competitive bidding rules. The Commission adopts small business definitions and bidding credits for the 800 MHz air-ground service and concludes that bidding credits are unnecessary for the 400 MHz air- ground service.

We are adopting amendments to the accelerated filing deadlines that apply to periodic reports so that a ``large accelerated filer'' (an Exchange Act reporting company with a worldwide market value of outstanding voting and non-voting common equity held by non-affiliates of $700 million or more) will become subject to a 60-day Form 10-K annual report filing deadline, beginning with the annual report filed for its first fiscal year ending on or after December 15, 2006. Until then, large accelerated filers will remain subject to a 75-day annual report deadline. Accelerated filers will continue to file their Form 10-K annual reports under a 75-day deadline, with no further reduction scheduled to occur under the revised rules. Accelerated filers and large accelerated filers will continue to file their Form 10-Q quarterly reports under a 40-day deadline, rather than the 35-day deadline that was scheduled to apply next year under the previously existing rules. Further, the amendments revise the definition of the term ``accelerated filer'' to permit an accelerated filer that has voting and non-voting common equity held by non-affiliates of less than $50 million to exit accelerated filer status at the end of the fiscal year in which its equity falls below $50 million and to file its annual report for that year and subsequent periodic reports on a non- accelerated basis. Finally, the amendments permit a large accelerated filer that has voting and non-voting common equity held by non- affiliates of less than $500 million to exit large accelerated filer status at the end of the fiscal year in which its equity falls below $500 million and to file its annual report for that year and subsequent periodic reports as an accelerated filer, or a non-accelerated filer, as appropriate.

The Federal Mediation and Conciliation Service (FMCS) is amending 29 CFR part 1404, Arbitration Services. The amendments are intended to set forth the criteria and procedures for listing on the arbitration roster, removal from the arbitration roster, and expedited arbitration processing. Other changes include how parties may request arbitration lists or panels and fees associated with the arbitrators. The purpose of these changes is to facilitate the management and administration of the arbitration roster.

The FAA is adopting a new airworthiness directive (AD) for Pratt & Whitney (PW) JT9D-7R4 turbofan engines. This AD requires inspection of the blade root thickness of 1st stage fan blades identified by part number (P/N) and serial number (SN) in this AD, by a repair station approved by PW to perform the inspection. This AD results from a report that a repair station created their own repair and performed it on 520 1st stage fan blades, without approval from PW. We are issuing this AD to prevent 1st stage fan blade fracture and uncontained engine failure, resulting in possible damage to the airplane.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of an abbreviated new animal drug application (ANADA) filed by First Priority, Inc. The ANADA provides for oral use of furosemide syrup for the treatment of edema in dogs.

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.

The EPA is approving State Implementation Plan (SIP) revisions submitted by the State of Tennessee on May 6, 2005. The revision responds to the EPA's regulation entitled, ``Interstate Ozone Transport: Response to Court Decisions on the NOX SIP Call, NOX SIP Call Technical Amendments, and Section 126 Rules,'' otherwise known as the ``NOX SIP Call Phase II.'' This revision satisfies EPA's rule that requires Tennessee to submit NOX SIP Call Phase II revisions needed to achieve the necessary incremental reductions of nitrogen oxides (NOX). The intended effect of this SIP revision is to reduce emissions of NOX in order to help attain the national ambient air quality standard (NAAQS) for ozone. Specifically, this revision addresses compliance plans for NOX emissions from stationary internal combustion engines.

The Department of Transportation is converting the interim final rule published in the Federal Register at 70 FR 6506, on February 7, 2005 to a final rule with changes to amend the Transportation Acquisition Regulation (TAR) due to internal organization changes and the need for minor editorial changes. No comments were received on this rule. This final rule replaces the 1994 edition of the Transportation Acquisition Regulation (TAR) with the 2004 edition.