2005 – Federal Register Recent Federal Regulation Documents

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) created and expanded State and Federal title IV-D child support enforcement databases and significantly enhanced access to information for title IV-D child support purposes. States are moving toward integrated service delivery and developing enterprise architecture initiatives to link their program databases. This proposed rule is designed to prescribe requirements for: State Parent Locator Service responses to authorized location requests; and State IV-D agency safeguarding of confidential information and authorized disclosures of this information. This proposed rule would restrict the use of confidential data and information to child support purposes, with exceptions for certain disclosures permitted by statute.

Today's Advance Notice of Proposed Rulemaking (ANPRM) seeks comment on two issues concerning the removal credits provisions in the General Pretreatment Regulations. EPA requests comments on whether to amend the list of pollutants for which removal credits are available to add certain pollutants. The pollutants that the Agency would add are those that EPA previously has determined, after an exposure and hazard screening, would not require sewage sludge regulations. EPA is also soliciting comment on options to amend the ``consistent removal'' provision in the removal credits regulations that would be consistent with a decision of the U.S. Court of Appeals for the Third Circuit.

In this document, the Federal Communications Commission (Commission) adopts a rule establishing that providers of facilities- based broadband Internet access services and providers of interconnected voice over Internet Protocol (VoIP) servicesmeaning VoIP service that allows a user generally to receive calls originating from and to terminate calls to the public switched telephone network (PSTN)must comply with the Communications Assistance for Law Enforcement Act (CALEA). This new rule will enhance public safety and ensure that the surveillance needs of law enforcement agencies continue to be met as Internet-based communications technologies proliferate.

This rule implements Section 105 of the Trafficking Victims Protection Act of 2000, as amended by the Trafficking Victims Protection Reauthorization Act of 2003. In particular, this rule establishes guidelines to carry out the sharing of information on all matters relating to grants, grant policies, or other significant actions regarding the international trafficking in persons, to the extent permitted by law. The intended effect of this rule is to enhance interagency communication on policies and programs that address international trafficking in persons.

NMFS is opening directed fishing for Atka mackerel with gears other than jig in the Eastern Aleutian District and the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to fully use the 2005 Atka Mackerel total allowable catch (TAC) specified for gears other than jig in the Eastern Aleutian District and the Bering Sea subarea of the BSAI.

NMFS is prohibiting directed fishing for Atka mackerel in the Western Aleutian District of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2005 Atka mackerel total allowable catch (TAC) in the Western Aleutian District of the BSAI.

This document withdraws a proposed rule published in the Federal Register March 18, 2003, which would have terminated the definition of ``substantial activity'' under the Hass Avocado Promotion, Research, and Information Order (Order). The proposed action was expected to increase the number of importers eligible to serve on the Hass Avocado Board (Board). Based on comments received and other available information, termination of the definition would not be appropriate at this time.

EPA is proposing an implementation date of June 1, 2010 for the sulfur, cetane and aromatics requirements for highway, nonroad, locomotive and marine diesel fuel produced or imported for, distributed to, or used in the rural areas of Alaska. As of the implementation date, diesel fuel used in these applications would have to meet a 15 ppm (maximum) sulfur content standard. This action would allow full implementation of the programs for highway and nonroad diesel fuels in Alaska while providing some limited additional leadtime for development of any necessary changes to the fuel distribution system in rural Alaska. This additional leadtime is appropriate given the circumstances of the rural areas, including the expected delay in time before use of new diesel engines requiring sulfur controlled diesel fuel. In 2010 highway and nonroad fuel in rural Alaska would be regulated according to the implementation schedule of fuel property standards applicable in the rest of the U.S., providing the full environmental benefits of these programs to rural Alaska as well. Locomotive and marine diesel fuel used in rural areas of Alaska would meet the 15ppm standard two years earlier than the rest of the U.S., so that all NRLM diesel fuel in rural areas of Alaska would meet the 15ppm standard in 2010. EPA is not proposing changes to or reopening the diesel fuel rules as they apply to the other areas of Alaska. We have not received any information that would warrant such action, and the State has not requested such action. This proposal is consistent with the State's request and comments on the NRLM rule.

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Maryland Department of the Environment. The revision consists of modifications to the ambient air quality standards for ozone and fine particulate matter and the replacement of the abbreviation ``ppm'' with parts per million in existing standards. This action is being taken under the Clean Air Act (CAA or the Act).

The Bureau of Industry and Security (BIS) is reviewing the foreign policy-based export controls in the Export Administration Regulations to determine whether they should be modified, rescinded or extended. To help make these determinations, BIS is seeking comments on how existing foreign policy-based export controls have affected exporters and the general public.

The Office of Federal Housing Enterprise Oversight (OFHEO) is revising the regulation that describes its organization and functions. The revisions reflect changes in OFHEO's organizational structure and the functional responsibilities of some of its offices.

The Coast Guard is revising the operating regulations for highway drawbridges to establish permanent winter operating hours, and to establish operating regulations for two Canadian National Railway drawbridges, all located over the Fox River in Green Bay and DePere, WI. The revised regulation establishes permanent winter operating schedules for all drawbridges during winter months while still providing for the reasonable needs of navigation.

This final rule will revised Class E airspace at Cheyenne, WY. New Instrument Flight Rules (IFR) routes sequences from the en route environment to/from Cheyenne Regional Airport/Jerry Olson Field makes this proposal necessary. Additional controlled airspace extending upward from 1,200 feet above the surface is necessary for the safety of aircraft. This action also correct as an error in the geographic coordinates of the Cheyenne Very High Frequency Omnidirectional Range Colocated Tactical Air Navigation and the airport designation.

This action corrects errors in the legal description of Class D airspace in a direct final rule, request for comments that was published in the Federal Register on Friday July 29, 2005 (70 FR 43742).

These special conditions are issued for Learjet Model 35 series airplanes modified by Avcon Industries Inc. These modified airplanes will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. The modification incorporates the installation of new Kollsman 24771 Air data computers and Thommen AD30 displays. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for the protection of these systems from the effects of high-intensity radiated fields (HIRF). 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.

The EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Connecticut. This revision approves the Limited Maintenance Plan (LMP) for the New Haven PM10 nonattainment area (New Haven NAA) in the State of Connecticut and grants a request by the State to redesignate the New Haven NAA to attainment for the National Ambient Air Quality Standards (NAAQS) for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10). EPA is approving this redesignation and LMP because Connecticut has met the applicable requirements of the Clean Air Act (CAA).

This amendment adopts a new airworthiness directive (AD) for the specified Bell Helicopter Textron (Bell) model helicopters modified with Aeronautical Accessories, Inc. (AAI), Supplemental Type Certificate (STC) SH2820SO or that have the affected AAI Parts Manufacturer Approval (PMA) parts installed. This action requires inspecting a certain part-numbered reservoir assembly adapter (adapter) for the counter bore depth (dimension D). If the dimension D of the adapter exceeds .860 inch, before further flight, this AD requires replacing the reservoir assembly and adapter with airworthy parts. This amendment is prompted by a report of a rupture of an adapter during nitrogen charging because of inadequate wall thickness for the operating pressures. The actions specified in this AD are intended to prevent the rupture of an adapter, uncontrolled jetting of pressurized gas from the nitrogen bottle, and subsequent injury to occupants or damage to the helicopter.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 757-200, -200PF, and -300 series airplanes, powered by Pratt & Whitney PW2000 series engines. This AD requires repetitive inspections for loose or damaged components of the support brackets and associated fasteners for the hydraulic lines located in the nacelle struts, and any related investigative and corrective actions. This AD results from reports of damage and subsequent failure of the support brackets and associated fasteners for the hydraulic lines located internal to the upper fairing cavity of the nacelle struts. We are issuing this AD to prevent such failure, which, in conjunction with sparking of electrical wires, failure of seals that would allow flammable fluids to migrate to compartments with ignition sources, or overheating of the pneumatic ducts beyond auto-ignition temperatures, could result in an uncontained fire.

The FAA is superseding an existing airworthiness directive (AD) for Type R321/4-82-F/8, R324/4-82-F/9, R333/4-82-F/12, and R334/4- 82-F/13 propeller assemblies. That AD currently requires initial and repetitive ultrasonic inspections of propeller hubs, part number (P/N) 660709201. This AD requires the same initial and repetitive ultrasonic inspections, but reduces the initial and repetitive compliance times for Type R334/4-82-F/13 propeller assemblies when used on Construcciones Aeronauticas, S.A. (CASA) 212 airplanes. This AD results from a report of a hub separation on a CASA 212 airplane. We are issuing this AD to prevent propeller hub failure due to cracks in the hub, which could result in loss of control of the airplane.

We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for the Arkansas River Basin population of the Arkansas River shiner (Notropis girardi) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 856 kilometers (532 miles) of linear distance of rivers, including 91.4 meters (300 feet) of adjacent riparian areas measured laterally from each bank are included within the boundaries of the critical habitat designation. The areas that we have determined to possess the features that are essential to the conservation of the Arkansas River shiner include portions of the Canadian River (often referred to as the South Canadian River) in New Mexico, Texas, and Oklahoma, the Beaver/North Canadian River in Oklahoma, and the Cimarron River in Kansas and Oklahoma, and the Arkansas River in Kansas. As presented in the proposed rule, we have excluded from this designation all previously designated critical habitat in the Beaver/North Canadian River in Oklahoma and the Arkansas River in Kansas under authority of section 4(b)(2) of the Act. In addition, we have excluded all previously proposed critical habitat in Unit 1a of the Canadian River in New Mexico and Texas and a portion of Unit 1b in Texas and Oklahoma under authority of section 4(b)(2) of the Act.

EPA is establishing the framework by which it will accept electronic reports from regulated entities in satisfaction of certain document submission requirements in EPA's regulations. EPA will provide public notice when the Agency is ready to receive direct submissions of certain documents from regulated entities in electronic form consistent with this rulemaking via an EPA electronic document receiving system. This rule does not mandate that regulated entities utilize electronic methods to submit documents in lieu of paper-based submissions. In addition, EPA is not taking final action on the electronic recordkeeping requirements at this time. States, tribes, and local governments will be able to seek EPA approval to accept electronic documents to satisfy reporting requirements under environmental programs that EPA has delegated, authorized, or approved them to administer. This rule includes performance standards against which a state's, tribe's, or local government's electronic document receiving system will be evaluated before EPA will approve changes to the delegated, authorized, or approved program to provide electronic reporting, and establishes a streamlined process that states, tribes, and local governments can use to seek and obtain such approvals.

This document further extends certain time frames under the Employee Retirement Income Security Act and Internal Revenue Code for employee benefit plans, participants, and beneficiaries affected by Hurricane Katrina.

Pursuant to the Paperwork Reduction Act of 1995, Public Law 104-13, the Federal Communications Commission received Office of Management and Budget (OMB) approval for the collection of orbital debris mitigation plans under 47 CFR 5.63(e), 25.114(d)(14), and 97.207(g) of the Commission's rules. Mitigation of Orbital Debris, IB Docket No. 02-54, OMB Control Number 3060-1013. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid control number.

This document requests comments on a petition for rule making filed by Entravision Holdings, L.L.C. (``Petitioner''), licensee of Stations KVVA-FM, Apache Junction, Arizona; KDVA(FM), Buckeye, Arizona, and KLNZ(FM), Glendale, Arizona. Petitioner requests that the Commission upgrade Channel 296C3, Station KVVA-FM, to Channel 296C1 and reallot Channel 296C1 from Apache Junction to Peoria, Arizona, as Peoria's first local aural transmission service; substitute Channel 229C3 for vacant Channel 297C3 at Aguila, Arizona; upgrade Channel 295A, Station KDVA(FM), to Channel 295C3, and reallot Channel 295C3 to Wenden, Arizona, as Wenden's first local aural transmission service; and reallot Channel 278C, Station KLNZ(FM), from Glendale to Buckeye, Arizona. In addition, since Black Entrepreneur Association, Inc. (``BEA'') has filed a rulemaking petition to allot Channel 229C3 at Wickenburg, Arizona, that is mutually exclusive with Petitioner's proposal to substitute Channel 229C3 for Channel 297C3 at Aguila, the Commission shall compare BEA's proposal with Petitioner's entire proposal to determine which proposal should be granted. The coordinates for proposed Channel 296C1 at Peoria, Arizona, are 33-35-47 NL and 112-05-31 WL, with a site restriction of 13.5 kilometers (8.4 miles) east of Peoria. The coordinates for proposed Channel 229C3 at Aguila, Arizona, are 33-56-34 NL and 113-10-24 WL. The coordinates for proposed Channel 295C3 at Wenden, Arizona, are 33-49-06 NL and 113-37-46 WL, with a site restriction of 8.2 kilometers (5.1 miles) west of Wenden. The proposed Channel 278C at Buckeye, Arizona, are 33-35-33 NL and 112-34-49 WL, with a site restriction of 24.7 kilometers (15.3 miles) north of Buckeye. Lastly, if BEA's proposal for Channel 229C3 at Wickenburg, Arizona is preferred over Petitioner's rulemaking proposal, Channel 229C3 can be allotted to Wickenburg at coordinates of 33-53-49 NL and 112-54-45 WL, with a site restriction of 18.7 kilometers (11.6 miles) southwest of Wickenburg, Arizona.

We are proposing to amend the regulations governing the importation of fruits and vegetables in order to allow certain types of peppers grown in approved registered production sites in Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua to be imported into the United States without treatment. The conditions to which the proposed importation of peppers would be subject, including trapping, pre- harvest inspection, and shipping procedures, are designed to prevent the introduction of quarantine pests into the United States. This action would allow for the importation of peppers from those countries in Central America while continuing to provide protection against the introduction of quarantine pests into the United States.