2005 – Federal Register Recent Federal Regulation Documents

EPA is approving the Sections 111(d) and 129 negative declaration submitted by the Massachusetts Department of Environmental Protection (MADEP) on August 23, 2005. This negative declaration adequately certifies that there are no existing commercial and industrial solid waste incineration units (CISWIs) located within the boundaries of the Commonwealth of Massachusetts. EPA publishes regulations under Sections 111(d) and 129 of the Clean Air Act requiring states to submit control plans to EPA. These state control plans show how states intend to control the emissions of designated pollutants from designated facilities e.g., CISWIs). The Commonwealth of Massachusetts submitted this negative declaration in lieu of a state control plan.

The EPA (we) is proposing to revise the emissions test for existing electric generating units (EGUs) that are subject to the regulations governing the Prevention of Significant Deterioration (PSD) and nonattainment major New Source Review (NSR) programs (collectively ``NSR'') mandated by parts C and D of title I of the Clean Air Act (CAA or Act). The revised emissions test is the same as that in the New Source Performance Standards (NSPS) program under CAA section 111(a)(4). For existing EGUs, we are proposing to compare the maximum hourly emissions achievable at that unit during the past 5 years to the maximum hourly emissions achievable at that unit after the change to determine whether an emissions increase would occur. Alternatively, we are soliciting public comment on a major NSR emissions test for existing EGUs that would compare maximum hourly emissions achieved before a change to the maximum hourly emissions achieved after the change. We are also soliciting public comment on adopting an NSR emissions test based on mass of emissions per unit of energy output. In addition, we are soliciting comment on whether to revise the NSPS regulations to include a maximum achieved emissions test or an output- based emissions test, either in lieu of or in addition to the maximum achievable hourly emissions test. Today's proposal would not affect new EGUs, which would continue to be subject to major NSR preconstruction review and to the NSPS program. The proposed rule would only apply prospectively to changes at existing EGUs potentially covered by major NSR and the NSPS programs. These proposed regulations interpret CAA section 111(a)(4), in the context of NSR and NSPS, for physical changes and changes in the method of operation at existing EGUs. The proposed regulations would establish a uniform emissions test nationally under the NSPS and NSR programs for existing EGUs. The proposed regulations would also promote the safety, reliability, and efficiency of EGUs.

The Securities and Exchange Commission (``Commission'') is amending its Delegation of Authority to Secretary of the Commission to permit the Secretary to waive the bond requirement set forth in the Rules on Fair Fund and Disgorgement Plans if the fair or disgorgement funds are held at the U.S. Department of the Treasury (``Treasury'') and will be disbursed by the Treasury. This amendment is intended to enhance efficient processing of disgorgement/fair fund plans and to lower the cost of plan administration.

Notice is hereby given that the comment period on the proposed Revision of Fees for the Fresh Fruit and Vegetable Terminal Market Inspection Service is reopened and extended. This action will allow interested persons additional time to prepare and submit comments.

We are adding reconstructed replication competent forms of the 1918 pandemic influenza virus containing any portion of the coding regions of all eight gene segments to the list of HHS select agents and toxins. We are taking this action for several reasons. First the pandemic influenza virus of 1918-19 killed up to 50 million people worldwide, including an estimated 675,000 deaths in the United States. Also, the complete coding sequence for the 1918 pandemic influenza A H1N1 virus was recently identified, which will make it possible for those with knowledge of reverse genetics to reconstruct this virus. In addition, the first published study on a reconstructed 1918 pandemic influenza virus demonstrated the high virulence of this virus in cell culture, embryonated eggs, and in mice relative to other human influenza viruses. Therefore, we have determined that the reconstructed replication competent forms of the 1918 pandemic influenza virus containing any portion of the coding regions of all eight gene segments have the potential to pose a severe threat to public health and safety.

The Postal Service\TM\ is adopting new mailing standards to ensure that address and presort information on bundles of flat-size and irregular parcel mail remains visible and readable during processing. The new standards apply only to bundles of Periodicals, Standard Mail, and Package Services mail intended for processing on our Automated Package Processing System equipment.

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 General Services Administration (GSA) is amending the Federal Travel Regulation (FTR) by revising the mileage reimbursement rate reflecting costs of operating a Government-furnished automobile (GFA), and revising the table on how to determine distance measurements for travel. It also clarifies that, if determined to be advantageous to the Government, the employee may be reimbursed for mileage between the residence and office to a common carrier terminal, or from the residence directly to a common carrier terminal when on official travel requiring an overnight stay. An explanation of these changes is addressed in the ``Supplementary Information'' below. The FTR and any corresponding documents may be accessed at GSA's website at https://www.gsa.gov/ftr.

We intend to hold a series of town hall meetings to maximize the opportunities for individuals and organizations to give us input on our Notice of Proposed Rulemaking (NPRM) to amend our regulations for the Ticket to Work and Self-Sufficiency Program (Ticket to Work program). We invite the public, including beneficiaries and other individuals with disabilities, their advocates, service providers, employers and other interested parties to attend these public meetings and to give us input on our proposed changes to the rules for the Ticket to Work program. We are announcing the scheduling of the first of these town hall meetings and a tentative schedule of additional meetings.

NMFS is prohibiting directed fishing for pollock in Statistical Area 610 of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2005 total allowable catch (TAC) of pollock for Statistical Area 610 of the GOA.

The Federal Trade Commission (``Commission'') amends its Appliance Labeling Rule (``Rule'') by publishing new ranges of comparability for required labels on central air conditioners, heat pumps, and compact dishwashers. The Commission also announces that the current ranges of comparability for standard dishwashers will remain in effect until further notice.

The Department of the Army is publishing a revision to our rule concerning armed forces disciplinary control boards and off- installation liaison and operations. The regulation prescribes uniform policies and procedures for the establishment, and operation of Armed Forces Disciplinary Control Boards, and off-installation liaison and operations.

The FAA proposes to supersede three existing airworthiness directives (ADs) that apply to certain Boeing Model 747 airplanes. The existing ADs currently require repetitive inspections of the body station (BS) 2598 bulkhead, and corrective action if necessary. This proposed AD would add a requirement to modify the bulkhead, including a one-time inspection and corrective action if necessary, which would terminate certain repetitive inspections. This proposed AD would also require a post-modification inspection of the modified area. This proposed AD results from new reports of cracking in all three areas that require inspection in accordance with the existing ADs. We are proposing this AD to prevent fatigue cracking of the BS 2598 bulkhead structure, which could result in inability of the structure to carry horizontal stabilizer flight loads, and reduced controllability of the airplane.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to include the process of validating a Central Contractor Registration (CCR) registrant's taxpayer identification number (TIN) with the Internal Revenue Service (IRS) to improve data accuracy in the Federal procurement system. Additionally, the proposed amendment removes outdated language requiring modifications of contracts prior to December 31, 2003, regarding CCR.

This amendment establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and/or Weather Takeoff Minimums for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or 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.

EPA is proposing to approve a request from the Indiana Department of Environmental Management (IDEM) to revise the Indiana State Implementation Plan (SIP) in three areas: To amend the definition of ``particulate matter,'' and ``ambient air quality standards,'' add new rules consistent with these amended definitions, and amend rules pertaining to sulfur dioxide (SO2) and nitrogen dioxide (NO2) ambient standards; to update the references to the Code of Federal Regulations (CFR) from the 2000 edition to the 2002 edition; and to add ``credible evidence provisions'' into state rules consistent with federal requirements. In the final rules section of this Federal Register, EPA is approving the SIP revision as a direct final rule without prior proposal, because EPA views this as a noncontroversial revision and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If we do not receive any adverse comments in response to these direct final and proposed rules, we do not contemplate taking any further action in relation to this proposed rule. If EPA receives adverse comments, we will withdraw the direct final rule and will respond to 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 on this action should do so at this time.

EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Maryland. This revision consists of regulations for the control of particulate and visible emissions from glass melting facilities.

Due to adverse comment, EPA is withdrawing the direct final rule published August 24, 2005, (70 FR 49493) approving a revision to the State Implementation Plan (SIP) of the Commonwealth of Kentucky. This revision incorporates Kentucky rule 401 KAR 52:080 into the Kentucky SIP. This rule allows sources with a potential to emit (PTE) that equals or exceeds a title V major source threshold to be classified as minor sources if they restrict their actual emissions to less than 50 percent of the title V major source thresholds and meet other conditions specified in the rule. EPA stated in the direct final rule that if EPA received adverse comment by September 23, 2005, the rule would be withdrawn and not take effect. EPA subsequently received adverse comment. EPA will address the comment in a subsequent final action based upon the proposed action also published on August 24, 2005 (70 FR 49525). EPA will not institute a second comment period on this action.

In response to a Notice of Proposed Rule Making, 70 FR 17049 (April 4, 2005), this Report and Order reallots Channel 262C1, Station KSNR(FM) (``KSNR'') from Thief River Falls, Minnesota, to Fisher, Minnesota, and modifies Station KSNR's license accordingly. The coordinates for Channel 262C1 at Fisher, Minnesota, are 47-58-38 NL and 96-36-42 WL, with a site restriction of 24.2 kilometers (15.1 miles) northeast of Fisher.

This interim rule implements the Special Community Disaster Loans Program authorized in the Community Disaster Loan Act of 2005 (2005 Act). This interim rule describes the procedures and requirements for a program designed to provide loans for essential services to local governments that have experienced a loss in revenue due to a major disaster. These regulations do not apply to the traditional Community Disaster Loans Program which is permanently authorized.

These special conditions are issued for the Gulfstream Aerospace Limited Partnership (GALP) Model G150 airplane. This airplane will have a novel or unusual design feature associated with use of a hydrophobic coating, rather than windshield wipers, as the means to maintain a clear portion of the windshield during precipitation conditions, as required by the airworthiness standards for transport category airplanes. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

This action revises Jet Routes J-8, J-18, J-19, J-58, J-76, J- 104 and J-244; and Very High Frequency Omni-directional Range (VOR) Federal Airways V-60, V-190, V-263 and V-611 over the Las Vegas, NM, area. The FAA is taking this action due to the renaming of the ``Las Vegas VOR tactical air navigation (VORTAC)'' to the ``Fort Union VORTAC.'' The name of the Las Vegas, NM, VORTAC is being changed to enhance the management of aircraft operations over the Las Vegas, NM, area by eliminating the possibility of confusion with the Las Vegas, NV, VORTAC. The FAA is also making editorial changes to update the format of the legal descriptions for VOR Federal Airways V-190, V-263 and V-611.

This action withdraws the proposed rule published Friday, October 31, 2003 (68 FR 62031-62033). NASA will issue internal guidance to automate the collection and transfer of Research and Development (R&D) abstracts to an appropriate central repository where they will be available for use by government agencies and other users.

Because EPA received adverse comments, we are withdrawing the direct final rule on the supplemental authorization of methyl bromide for critical uses in 2005, published in the Federal Register on August 30, 2005 (70 FR 51270). We stated in the direct final rule that if we received adverse comment by September 29, 2005, we would publish a timely withdrawal in the Federal Register. We received adverse comment on the direct final rule. We will address those comments in a subsequent final action based on the parallel proposal also published on August 30, 2005 (70 FR 51317). As stated in the parallel proposal, we will not institute a second comment period on this action.

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing a proposed amendment to the Iowa regulatory program (Iowa program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Iowa proposes to amend its rules regarding small operator assistance. Iowa intends to revise its program to be consistent with the corresponding Federal regulations and SMCRA. This document gives the times and locations that the Iowa program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.