2005 – Federal Register Recent Federal Regulation Documents

We are proposing to amend the black stem rust quarantine and regulations by changing the movement restrictions in order to allow clonally propagated offspring of rust-resistant Berberis cultivars to move into or through a protected area without completing the currently required 2-year growth period. This change would lessen an unnecessarily strict movement requirement. We also propose to add 13 varieties to the list of rust-resistant Berberis species. This change would allow for the interstate movement of these newly developed varieties without unnecessary restrictions.

In response to a Notice of Proposed Rule Making, 70 FR 19401 (April 13, 2005), this Report and Order reallots Channel 271C3, Station WLLE(FM) (``WLLE''), Clinton, Kentucky, to Mayfield, Kentucky, upgrades Channel 271C3 to Channel 271C2, and modifies Station WLLE(FM)'s license accordingly. In addition, this Report and Order reallots Channel 234C2 from Mayfield to Clinton, Kentucky, and modifies Station WQQR(FM)'s license accordingly. The Report and Order also relocates the transmitter site of Station WLIE-FM, Channel 232A, Golconda, Illinois, to avoid short spacing to Channel 234C2 at Clinton, Kentucky. The coordinates for Channel 271C2 at Mayfield, Kentucky are 36-40-36 NL and 88-29-29 WL, with a site restriction of 14.9 kilometers (9.2 miles) southeast of Mayfield. The coordinates for Channel 234C2 at Clinton are 36-45-51 NL and 88-39-55 WL, with a site restriction of 31.2 kilometers (19.4 miles) east of Clinton. The new coordinates for the transmitter site of Station WLIE-FM, Channel 232A, Golconda, Illinois are 37-14-18 NL and 88-29-40 WL, with a site restriction of 14.3 kilometers (8.9 miles) south of Golconda, Illinois.

This document grants a petition filed by Dana J. Puopolo requesting the allotment of Channel 257A at Cridersville, Ohio, as its first local service. See 69 FR 54613, published September 9, 2004. Channel 257A can be allotted consistent with the Commission's minimum spacing requirements, provided there is a site restriction of 11.8 kilometers (7.3 miles) north at reference coordinates 40-45-20 NL and 84-06-39 WL. The site restriction is necessary to prevent short-spacing to the licensed site of Station WBYR(FM), Channel 255B, Van Wert, Ohio. This allotment is located with 320 kilometers (199 miles) of the U.S.- Canadian border. The Canadian government has accepted concurrence for this allotment.

NMFS issues this proposed rule to implement portions of Amendment 14 to the Pacific Coast Groundfish Fishery Management Plan (FMP) for 2007 and beyond. Amendment 14, approved by NOAA in August 2001, created a permit stacking program for limited entry permits with sablefish endorsements. This proposed rule would implement regulatory measures from Amendment 14 that the agency could not set in place in time for the 2001 through 2006 primary sablefish seasons. Amendment 14 was intended to improve safety in the primary sablefish fishery and to provide greater season flexibility for sablefish fishery participants.

The Audio Division, at the request of Roger Mills County Broadcasting in its counterproposal to a petition for rulemaking by Charles Crawford, allots Channel 247C3 at Cheyenne, Oklahoma, as the community's first local aural transmission service. See 70 FR 19403, published April 13, 2005. See also Public Notice, Report No. 2723, RM- 11265*, issued July 29, 2005. Channel 247C3 can be allotted to Cheyenne in compliance with the Commission's minimum distance separation requirements. The reference coordinates for Channel 247C3 at Cheyenne are 35-37-25 North Latitude and 99-40-11 West Longitude with a site restriction of 1.1 kilometers (0.7 miles) north of Cheyenne. A filing window for Channel 247C3 at Cheyenne, Oklahoma 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.

This document requests comments on a Petition for Rule Making filed by Nancy C. Harper requesting the allotment of Channel 229C3 at St. Simons Island, Georgia, and a mutually exclusive Petition for Rule Making filed by Murphy Broadcasting requesting the allotment of Channel 229A to St. Simons Island. Either allotment would provide that community with its second local aural transmission service. To accommodate Harper's requested allotment of Channel 229C3, Harper requests the reclassification of FM Station WOGK, Channel 229C, Ocala, Florida, to specify operation on Channel 229C0 pursuant to the reclassification procedures adopted by the Commission. See 1998 Biennial Regulatory ReviewStreamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules, 65 FR 79773 (December 20, 2000). In response to an Order to Show Cause why Station WOGK should not be downgraded from Channel 229C to 229C0, the licensee of FM Station WOGK stated that it would file an acceptable application meeting minimum Class C FM standards within the period required by our rules. Since the licensee filed an application that was deficient, and since the deficient application filed has been dismissed for failure to prosecute the application, the Commission proposes to reclassify Station WOGK to Class C0. Channel 229C3 can be allotted with a site restriction 16.4 kilometers (10.2 miles) northwest of St. Simons Island, at reference coordinates 31-14-54 NL and 81-29-57 WL. To accommodate the proposed allotment, the Commission proposes the reclassification of FM Station WOGK to specify operation on Channel 229C0. Channel 229A can be allotted to St. Simons Island at reference coordinates of 31-09-01 NL and 81-22-11 WL, if FM Station WOGK is reclassified to specify operation on Channel 229C0.

This regulation establishes a time-limited tolerance for the combined residues of imidacloprid, (1-[6-chloro-3-pyridinyl) methyl]-N- nitro-2-imidazolidinimine) and its metabolites containing the 6- chloropyridinyl moiety, all expressed as parent in or on pomegranates. This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on pomegranates. This regulation establishes a maximum permissible level for residues of imidacloprid in this food commodity. The tolerance will expire and is revoked on December 31, 2008.

This amendment adopts a new airworthiness directive (AD), applicable to certain Boeing Model 727, 727C, 727-100, and 727-100C series airplanes. This AD requires repetitive inspections of the frame inner chord, outer chord, and web of the forward and aft edge frames of the lower lobe forward cargo door (FCD) cutout, and corrective action if necessary. The actions specified by this AD are intended to detect and correct fatigue cracking of the forward and aft edge frames of the lower lobe FCD cutout, which could result in the loss of the FCD and rapid decompression of the airplane. This action is intended to address the identified unsafe condition.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus Model A340-211, -212, -311, and -312 airplanes. This AD requires an initial rotating probe inspection and initial and repetitive ultrasonic inspections for discrepancies of the first fastener hole of the horizontal flange of the keel beam on previously modified airplanes, installation of new fasteners, and corrective action if necessary. This AD results from a report that certain inspections done before accomplishing the modification of the lower keel beam fitting and forward lower shell connection, revealed cracking that was outside the modification limits specified in the service bulletin; the cracking was repaired by installing a titanium doubler. We are issuing this AD to find and fix discrepancies of the fastener holes of the horizontal flange of the keel beam, which could result in reduced structural integrity of the fuselage.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747- 300, 747SP, and 747SR series airplanes. This AD requires repetitive inspections to detect cracks in various areas of the upper deck floor beams, and repair if necessary. This AD results from fatigue testing that revealed severed upper chords of the upper deck floor beams due to fatigue cracking. We are issuing this AD to detect and correct cracking in the upper chords of the upper deck floor beams. Undetected cracking could result in large deflection or deformation of the upper deck floor beams, resulting in damage to wire bundles and control cables for the flight control system, and reduced controllability of the airplane. Multiple adjacent severed floor beams could result in rapid decompression of the airplane.

The FAA is adopting a new airworthiness directive (AD) for certain British Aerospace Model HS 748 airplanes. This AD requires relocating the battery earth posts located on the nose landing gear (NLG) pintle webs. This AD results from an accident in which the nose landing leg, together with the pintle webs, detached from the airplane. As a result, the battery earth return cables were severed from their earth posts. We are issuing this AD to prevent loss of safety critical services including fuel shut-off and nacelle fire extinguishing services.

The FAA is adopting a new airworthiness directive (AD) for all EMBRAER Model EMB-135 airplanes and Model EMB-145, -145ER, -145MR, - 145LR, -145XR, -145MP, and -145EP airplanes. This AD requires repetitive detailed inspections for surface bruising of the main landing gear (MLG) trailing arms and integrity of the MLG pivot axle sealant, and corrective actions if necessary. This AD also provides for optional terminating action for the repetitive detailed inspections. This AD results from a report of a fractured axle of the trailing arm of the MLG due to corrosion of the axle. We are issuing this AD to prevent a broken trailing arm and consequent failure of the MLG, which could lead to loss of control and damage to the airplane during takeoff or landing.

The FAA is adopting a new airworthiness directive (AD) for Aviointeriors S.p.A. (formerly ALVEN), series 312 box mounted seats. This AD requires initial and repetitive inspections of the seat attachments for cracks, and if necessary, replacing the attachments. This AD results from 10 reports of cracked attachments of series 312 box mounted seats. We are issuing this AD to prevent series 312 box mounted seats from detaching from the passenger compartment floor, which could result in injury to the occupant of the seat, and prevent evacuation of passengers in the event of an emergency.

The FAA is revising Airworthiness Directive (AD) 2003-19-14 R1, which applies to certain BURKHART GROB LUFTUND RAUMFAHRT GmbH & CO KG (GROB) Models G103 TWIN ASTIR, G103A TWIN II ACRO, and G103C TWIN III ACRO sailplanes. AD 2003-19-14 R1 requires you to modify the airspeed indicators, install flight speed reduction and aerobatic maneuver restrictions placards (as applicable), and revise the flight and maintenance manuals. AD 2003-19-14 R1 approves simple aerobatic maneuvers for Model G103A TWIN II ACRO sailplanes and provides an option for modifying the rear fuselage for Models G103A TWIN II ACRO and G103C TWIN III ACRO sailplanes to terminate the flight limitation restrictions for aerobatic maneuvers. This AD retains all the actions from AD 2003-19-14 R1 for Models G103A TWIN II ACRO and G103C TWIN III ACRO and reinstates certain operating limits for Model G103 TWIN ASTIR sailplanes. We are issuing this AD to prevent damage to the fuselage during limit load flight, which could result in reduced structural integrity. This condition could lead to loss of control of the sailplane.

This action finalizes national emission standards (NESHAP) for hazardous air pollutants for hazardous waste combustors (HWCs): hazardous waste burning incinerators, cement kilns, lightweight aggregate kilns, industrial/commercial/institutional boilers and process heaters, and hydrochloric acid production furnaces. EPA has identified HWCs as major sources of hazardous air pollutant (HAP) emissions. These standards implement section 112(d) of the Clean Air Act (CAA) by requiring hazardous waste combustors to meet HAP emission standards reflecting the performance of the maximum achievable control technology (MACT). The HAP emitted by HWCs include arsenic, beryllium, cadmium, chromium, dioxins and furans, hydrogen chloride and chlorine gas, lead, manganese, and mercury. Exposure to these substances has been demonstrated to cause adverse health effects such as irritation to the lung, skin, and mucus membranes, effects on the central nervous system, kidney damage, and cancer. The adverse health effects associated with exposure to these specific HAP are further described in the preamble. For many HAP, these findings have only been shown with concentrations higher than those typically in the ambient air. This action also presents our decision regarding the February 28, 2002 petition for rulemaking submitted by the Cement Kiln Recycling Coalition, relating to EPA's implementation of the so-called omnibus permitting authority under section 3005(c) of the Resource Conservation and Recovery Act (RCRA). That section requires that each permit issued under RCRA contain such terms and conditions as permit writers determine to be necessary to protect human health and the environment. In that petition, the Cement Kiln Recycling Coalition requested that we repeal the existing site-specific risk assessment policy and technical guidance for hazardous waste combustors and that we promulgate the policy and guidance as rules in accordance with the Administrative Procedure Act if we continue to believe that site-specific risk assessments may be necessary.

The EPA is approving a State Implementation Plan (SIP) revision for the State of Texas to reduce some speed limits in the Dallas/Fort Worth (DFW) ozone nonattainment area. This measure reduces speed limits in a nine county area from 70 miles per hour to 65 miles per hour and from 65 miles per hour to 60 miles per hour. This measure was submitted on April 25, 2000, and EPA proposed approval on January 28, 2001. These speed limit reductions are designed to reduce nitrogen oxides in the DFW area as part of a strategy to aid the area in attaining of the National Ambient Air Quality Standards. The EPA is also making a technical correction to ensure that it is clear that the measure applies to a nine county area.

As required by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA), Public Law 108-173, this proposed rule would establish a new safe harbor under the Federal anti-kickback statute for certain arrangements involving the provision of electronic prescribing technology. Specifically, the safe harbor would protect certain arrangements involving hospitals, group practices, and prescription drug plan (PDP) sponsors and Medicare Advantage (MA) organizations that provide to specified recipients certain nonmonetary remuneration in the form of hardware, software, or information technology and training services necessary and used solely to receive and transmit electronic prescription drug information. In addition, using our separate legal authority under section 1128B(b)(3)(E) of the Social Security Act (the ``Act''), we are also proposing separate safe harbor protection for certain electronic health records software and directly related training services. These exceptions are consistent with the President's goal of achieving widespread adoption of interoperable electronic health records for the purpose of improving the quality and efficiency of health care, while maintaining the levels of security and privacy that consumers expect.

The Food and Drug Administration (FDA) is amending the final monograph (FM) for over-the-counter (OTC) nasal decongestant drug products (drug products used to relieve nasal congestion due to a cold, hay fever, or other upper respiratory allergies) to remove the indication ``for the temporary relief of nasal congestion associated with sinusitis'' and to prohibit use of the terms ``sinusitis'' and ``associated with sinusitis'' elsewhere on the labeling. This final rule is part of FDA's ongoing review of OTC drug products.

The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is issuing this release to propose amendments to Commission rules that impose minimum financial and related reporting requirements upon each person registered as a futures commission merchant (``FCM''). Pursuant to rule amendments that became effective in August of 2004, the Securities and Exchange Commission (``SEC'') has established a method for securities brokers or dealers (``BDs'') that voluntarily elect SEC consolidated supervision for their ultimate holding companies and affiliates, and that also meet specified minimum capital and other requirements, to request approval to use internal mathematical models to determine their capital deductions for market risk and credit risk associated with their proprietary trading assets. Under the rule amendments that are proposed in this release, FCMs that are also BDs (``FCM/BDs'') would have the option, subject to the reporting and other requirements that are specified in the proposed rulemaking, of electing to compute their adjusted net capital using their SEC-approved alternative market risk and credit risk capital deductions in lieu of CFTC requirements. The Commission is also proposing other rule amendments that address confidential treatment for the reports and statements that would be required to be filed under the proposed amendments, and also to address the confidential treatment of certain other information that all FCM/BDs must file with both the Commission and the SEC. Finally, the Commission is also proposing rule amendments in this release that would amend the minimum financial requirements of FCMs and introducing brokers (``IBs'') by reducing the capital deductions for their uncovered inventory or forward contracts in specified foreign currencies. The proposed reduction is consistent with guidance currently provided by the Commission to FCMs and IBs.

The U.S. Small Business Administration (SBA) is correcting an improper citation within the interim rule that appeared in the Federal Register on August 30, 2005, which amends SBA's HUBZone program regulations.

The Coast Guard is establishing a temporary safety zone on the waters of Puget Sound around the body and debris of a helicopter. The Coast Guard is establishing this zone to ensure unencumbered access for rescuers and investigators, and protect the public from numerous dangers associated with recovery of this submerged aircraft. Entry into this zone is prohibited unless authorized by the Captain of the Port, Puget Sound or his designated representatives.

The Board is amending Regulation D, Reserve Requirements of Depository Institutions, to reflect the annual indexing of the low reserve tranche and of the reserve requirement exemption amount for 2006. The Regulation D amendments increase the amount of net transaction accounts at each depository institution that is subject to a three percent reserve requirement in 2006 from $47.6 million to $48.3 million. This amount is known as the low reserve tranche. The Regulation D amendments also increase the amount of total reservable liabilities of each depository institution that is subject to a zero percent reserve requirement in 2006 from $7.0 million to $7.8 million. This amount is known as the reserve requirement exemption amount. The adjustments to both of these amounts are derived using statutory formulas specified in the Federal Reserve Act. The Board is also announcing increases in two other amounts, the nonexempt deposit cutoff level and the reduced reporting limit, that are used to determine the frequency with which depository institutions must submit deposit reports. These amounts are indexed annually in order to reduce reporting burden for smaller depository institutions.

This action changes the controlling agency of Restricted Areas R-3101 PMRFAC Four, R-3103 Humuula, R-3107 Kaula Rock, R-3109A, B & C Schofield-Makua, Oahu, and R-3110A, B & C Schofield-Makua, Oahu, HI. The FAA is taking this action to reflect an administrative change of controlling agencies for the restricted areas. There are no changes to the boundaries; designated altitudes; time of designation; or activities conducted within the affected restricted areas.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Dassault Model Falcon 2000 airplanes. This proposed AD would require an inspection for the presence of fail-safe pins, nuts, and washers on each engine, and replacement of the fail-safe fastener assembly with a new assembly if necessary. This proposed AD results from a report of a missing pin of a fail-safe fastener. We are proposing this AD to prevent reduced structural integrity of an engine mount due to a missing pin of a fail-safe fastener, and possible separation of an engine from the airplane during flight.