2005 – Federal Register Recent Federal Regulation Documents

The FAA is revising an earlier NPRM for an airworthiness directive (AD) that applies to certain EMBRAER airplane models as identified above. The original NPRM would have required modifying the total air temperature (TAT) sensor heating system. The original NPRM was prompted by a report indicating that the fully automated digital electronic control (FADEC) unit failed to compensate for ice accretion on the engine fan blades due to a false temperature signal from the TAT sensor to the FADEC. This action revises the original NPRM by requiring modification of additional electrical connections for the TAT sensor heating system. This action also would expand the applicability of the original NPRM because the additional electrical connections must be modified on airplanes that had the TAT sensor heating system modified previously (e.g., in production). This action also adds replacing the FADEC assemblies with new or modified assemblies as an additional means of compliance. We are proposing this supplemental NPRM to prevent failure of the TAT sensor, which could result in insufficient thrust to take off or (if coupled with the loss of an engine during takeoff) to abort the takeoff in a safe manner, and consequent reduced controllability of 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 Sparhawk Laboratories, Inc. The ANADA provides for the veterinary prescription use of phenylbutazone injectable solution in horses for relief of inflammatory conditions associated with the musculoskeletal system.

The Commission is adopting minor nomenclature changes in provisions appearing in the Code of Federal Regulations, including the rules of practice. The changes reflect the agency's relocation of its physical offices. Adoption of these changes will provide the public with accurate information about the Commission's new address.

At the request of Charles Crawford, Channel 251C3 is allotted at Altheimer, Arkansas, as the community's first local aural transmission service. Station KURB(FM), Channel 253C, Little Rock, Arkansas is reclassified as 253C0 pursuant to the reclassification procedures adopted by the Commission. See Second Report and Order in MM Docket 98-93 (1998 Biennial Regulatory ReviewStreamlining of Radio Technical Rules in Parts 73 and 74 of the Commission's Rules) 65 FR 79773 (2000). An Order to Show Cause was issued to Citadel Broadcasting Company, licensee of Station KURB(FM) (RM-11102). Channel 251C3 is allotted at Altheimer, Arkansas, at Petitioner's requested site 20.4 kilometers (12.7 miles) southwest of the community at coordinates 34- 09-00 NL and 91-56-00 WL.

This document requests comments on a petition for rulemaking filed by Columbus Community Radio Corporation, licensee of Station WHUM-LP, Channel 253L1, Columbus, Indiana, requesting allotment of Channel 228A at Columbus, Indiana, and its reservation for noncommercial educational use. Channel 228A can be allotted and reserved for NCE use in compliance with the Commission's minimum distance separation requirements, with the imposition of a site restriction of 7.9 kilometers (4.9 miles) southeast at reference coordinates 39-09-06 NL and 85-52-09 WL.

The Audio Division, at the request of Simmons-SLC, LS, LLC, reallots Channel 264C from Brigham City to Woodruff, Utah, and modifies Station KEGH(FM)'s license accordingly (RM-10774). To accommodate the reallotment, we will (1) substitute Channel 254C3 for vacant Channel 265C3 at Reliance, Wyoming; (2) substitute Channel 261A for Channel 265C2 at Price, Utah, and modify Station KWSA(FM)'s reference coordinates and license accordingly; and (3) modify the reference coordinates for vacant Channel 260A at Fountain Green, Utah. At the request of Black Diamond Broadcasting, we also dismiss the petition for rule making proposing the allotment of Channel 263A at Opal, Wyoming (RM-10543). See 67 FR 63874, October 16, 2002. See Supplementary Information, infra.

This document requests comments on two mutually exclusive Petitions for Rule Making. The first proposal, filed by Charles Crawford requests the allotment of Channel 292A at Glenmora, Louisiana, as that community's first local aural transmission service. To accommodate this allotment, Crawford requests the reclassification of FM Station KIOC, Channel 291C, Orange, Texas, to specify operation on Channel 291C0 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 (2000). An Order to Show Cause was issued to Capstar TX Limited Partnership, licensee of FM Station KIOC to which no response was received. The second proposal, filed by Goudeau, Inc. proposes the allotment of Channel 292A at Marksville, Louisiana, as its second local service. A staff engineering analysis has determined that the reclassification of FM Station KIOC to specify operation on Channel 291C0 at Orange, Texas will eliminate any short spacing to the proposed Channel 292A at Glenmora, Louisiana. As a result, Channel 292A can be allotted to Glenmora, in conformity with the Commission's rules, provided there is a site restriction of 12.2 kilometers (7.6 miles) west at reference coordinates 31-00-35 NL and 92-42-30 WL. Alternatively, Channel 292A can be allotted to Marksville, Louisiana, consistent with the minimum distance separation requirements of Sec. 73.207(b) of the Commission's rules, provided there is a site restriction of 9.7 kilometers (6 miles) west at reference coordinates 31-06-34 NL and 92-09-55 WL.

The Audio Division seeks comment on a petition filed by Tama Radio Licenses of Jacksonville, FL, Inc., licensee of Station WJSJ(FM), Channel 287A, Fernandina Beach, Florida, proposing the reallotment of Channel 287A from Fernandina Beach to Yulee, Florida, as its first local service and modification of the Station WJSJ(FM) license accordingly. To accommodate this proposed reallotment, Petitioner also requests the relocation of the transmitter site for its FM Station WSJF, Channel 288C3, St. Augustine Beach. Channel 287A can be allotted to Yulee in conformity with the Commission's rules, provided there is a site restriction of 10.6 kilometers (6.6 miles) southeast at reference coordinates 30-34-00 NL and 81-31-30 WL. To facilitate the proposed Yulee reallotment, the transmitter site for FM Station WSJF can be relocated, consistent with the minimum distance separation requirements of Section 73.207(b) of the Commission's rules, provided there is a site restriction of 7.0 kilometers (4.3 miles) south at reference coordinates 29-46-53 NL and 81-15-25 WL. In accordance with the provisions of Section 1.420(i) of the Commission's rules, we shall not accept competing expressions of interest pertaining to the use of Channel 287A at Yulee, Florida.

This document requests comments on a petition for rulemaking filed jointly by L.M. Communications of Kentucky, LLC, licensee of Station WBTF(FM), Midway, Kentucky, and Gateway Radio Works, Inc., licensee of Station WKCA(FM), Owingsville, Kentucky, proposing to substitute Channel 298C3 for Channel 300A at Midway, Kentucky and modify Station WBTF's license accordingly, to substitute Channel 295A for 299A at a new site at Owingsville, Kentucky and modify Gateway's license for Station WKCA accordingly, and to substitute Channel 300A for Channel 299A at Falmouth, Kentucky and modify the Station WIOK(FM) license accordingly. Hammond Broadcasting, Inc., Ltd., licensee of Station WIOK(FM) is ordered to show cause why its license should not be modified to specify operation on Channel 300A in lieu of 299A at Owingsville. Channel 298C3 can be allotted at Midway, Kentucky at a site 12.3 kilometers (7.6 miles) southeast of the community at coordinates 38-06-25 NL and 84-33-19 WL. Channel 300A can be allotted at Falmouth at Station WIOK's current site 10.3 kilometers (6.4 miles) south of the community at coordinates 38-35-13 NL and 84-21-40 WL. Channel 295A can be allotted at Owingsville at Petitioners' requested site 14.0 kilometers (8.7 miles) east of the community 38-08-41 NL and 84-08-34 WL.

The Audio Division seeks comment on a petition filed by CCR- Sierra Vista IV, LLC, licensee of FM Station KZMK, Channel 265A, Sierra Vista, Arizona, proposing the reallotment of Channel 265A from Sierra Vista to Tanque Verde, Arizona, as its first local service and modification of the FM Station KZMK(FM) license accordingly. Channel 265A can be allotted to Tanque Verde in conformity with the Commission's rules, provided there is a site restriction of 9.2 kilometers (5.7 miles) north at reference coordinates 32-19-59 NL and 110-45-19 WL. Tanque Verde is located within 320 kilometers (199 miles) of the U.S.-Mexican border and the proposed reallotment is short-spaced to Mexican vacant Channel 266B, Sasabe, SO by 3.1 kilometers. As such, Mexican concurrence for this proposed reallotment has been requested as a specially negotiated short-spaced limited allotment. In accordance with the provisions of Section 1.420(i) of the Commission's rules, we shall not accept competing expressions of interest pertaining to the use of Channel 265A at Tanque Verde.

The Food and Drug Administration (FDA) is amending the food additive regulations to provide for the safe use of ionizing radiation for control of Vibrio species and other foodborne pathogens in fresh or frozen molluscan shellfish (e.g., oysters, mussels, clams, etc.). This action is in response to a petition filed by the National Fisheries Institute and the Louisiana Department of Agriculture and Forestry.

EPA is approving the State Implementation Plan (SIP) revision submitted by the state of Iowa for the purpose of approving the 2001 and 2004 updates to the Linn County Air Quality Ordinance. These revisions will help to ensure consistency between the applicable local agency rules and Federally-approved rules, and ensure Federal enforceability of the applicable parts of the local agency air programs.

The Merit Systems Protection Board (MSPB or ``the Board'') is revising its regulation governing actions filed by an administrative law judge (ALJ) who alleges a constructive removal under 5 U.S.C. 7521. The revision repeals the standard stated by the regulation for establishing such a removal in light of the Board's determination in recent cases that the ALJ must show involuntary separation from the position of ALJ. As discussed below, the revised standard for establishing the constructive removal of an ALJ is addressed in the Board's cases and will not be incorporated in the revised regulation, which is retained solely to provide procedural guidance for ALJ- initiated actions alleging violation of section 7521.

This proposed regulation would amend the ``Guidelines Establishing Test Procedures for the Analysis of Pollutants'' under section 304(h) of the Clean Water Act (CWA), by adding analytical test procedures for enumerating the bacteria, Escherichia coli (E. coli) and enterococci, in wastewater; and by adding analytical test procedures for enumerating fecal coliforms and Salmonella in sewage sludge to the list of Agency-approved methods. Specifically, EPA is proposing both membrane filter (MF) and multiple-tube fermentation (MTF, i.e., multiple-tube, multiple-well) methods for E. coli and enterococci bacteria in wastewater, and MTF methods for fecal coliforms and Salmonella in sewage sludge. EPA's approval of these methods will help Regions, States, communities, and environmental laboratories better assess public health risks from microbiological pollutants.

The Coast Guard proposes to change the regulations governing the operation of 10 drawbridges, and establish operating regulations for 2 drawbridges, all of which cross the Atlantic Intracoastal Waterway in Broward County, FL. The proposed rule would require all of these drawbridges to open twice an hour. The proposed schedule is based on a request from Broward County officials, a test the Coast Guard conducted from December, 2004, until February, 2005, and comments received from the public based on the test. The proposed schedule meets the reasonable needs of navigation while accommodating increased vehicular traffic throughout the county.

The FAA is withdrawing a notice of proposed rulemaking (NPRM). That NPRM proposed a new airworthiness directive (AD) that applies to certain Rolls-Royce plc (RR) models RB211-535C-37, RB211-535E4-37, RB211-535E4-B-37, and RB211-535E4-B-75 turbofan engines. The NPRM had applied to those engines with radial drive steady bearing part number (P/N) LK76084 installed, with fewer than 3,000 engine operating hours on the bearing. That proposed action would have required initial and repetitive visual inspections of the engine oil scavenge filter for evidence of radial drive steady bearing failure. If after finding evidence, the proposed action would have required a visual inspection of the radial drive steady bearing for damage and evidence of bearing debris. Since we issued that NPRM, RR notified us that all at-risk radial drive steady bearings are removed from service. RR also notified us that remaining bearings in service are now well over the 3,000- engine-operating-hour threshold and are no longer at risk. Accordingly, we withdraw the proposed rule.

The Federal Aviation Administration (FAA) published in the Federal Register of July 7, 2005, a document establishing Class E Surface Area at South Lake Tahoe, CA. The location of the airport was incorrectly published, this action amends the legal description and corrects the longitude coordinate. The amended description replaces all references to South Lake Tahoe, CA airport.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the draft economic analysis for the proposal to designate critical habitat for the Pacific coast distinct population segment of the western snowy plover (Charadrius alexandrinus nivosus) under the Endangered Species Act of 1973 (Act), as amended. The draft economic analysis finds that, over the next 20 years, costs associated with western snowy plover conservation activities are forecast to range from $272.8 to $645.3 million. In constant dollars, the draft economic analysis estimates there will be an economic impact of $514.9 to $1,222.7 million over the next 20 years. The greatest economic impact (approximately 90 to 95 percent of total future impact using 3 and 7 percent discount rates) is expected to occur to recreation; other activities impacted include plover management, real estate development, military base operations, and gravel extraction. Comments previously submitted on the December 17, 2004, proposed rule (69 FR 75608) during the initial comment period need not be resubmitted as they have been incorporated into the public record and will be fully considered in preparation of the final rule.

The Food and Drug Administration (FDA) is amending its regulation regarding the intrastate and interstate distribution of turtles to reflect a change in responsibility for administering the provisions of the regulations from FDA's Center for Food Safety and Applied Nutrition (CFSAN) to FDA's Center for Veterinary Medicine (CVM). FDA is taking this action to enable the agency to more effectively administer the provisions of this regulation.

The goal of this proposed rule is to increase immunization rates in Medicare and Medicaid participating long term care (LTC) facilities by requiring LTC facilities to offer each resident immunization against influenza annually, as well as lifetime immunization against pneumococcal disease. LTC facilities would be required to ensure that each resident receives an annual immunization against influenza and receives the pneumococcal immunization once, unless medically contraindicated or the resident or the resident's legal representative refuses immunization. Increasing the use of Medicare-funded preventive services is a goal of both CMS and the Centers for Disease Control and Prevention (CDC). This proposed rule is intended to increase the number of elderly receiving influenza and pneumococcal immunization and decrease the morbidity and mortality rate from influenza and pneumococcal diseases.

The Alcohol and Tobacco Tax and Trade Bureau proposes to establish seven new viticultural areas within the boundary of the existing Lodi viticultural area, which lies within southern Sacramento and northern San Joaquin Counties in California. The seven proposed areas are Alta Mesa, Borden Ranch, Clements Hills, Cosumnes River, Jahant, Mokelumne River, and Sloughhouse. We designate viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. We invite comments on these proposed additions to our regulations.

NMFS announces that persons who enter the non-longline commercial pelagic fisheries (e.g., troll, handline, pole and line, etc.) in the U.S. exclusive economic zone (EEZ) around the Hawaiian Islands after June 2, 2005 (``control date'') are not guaranteed future participation in the fishery if the Western Pacific Fishery Management Council (WPFMC) recommends, and NMFS approves, a program limiting entry or effort. This action does not commit the WPFMC or NMFS to limit entry, or prevent any other date from being selected for eligibility to participate in the non-longline commercial pelagic fisheries. The WPFMC or NMFS may also use other criteria to limit fishing effort or participation in a limited entry program that is developed in the future.

NMFS extends the public comment period on the proposed rule containing revisions to the National Standard 1 (NS1) guidelines. NMFS has received various requests to extend the comment period for the proposed rule beyond its current 60-day comment period. The extension of the comment period for another 60 days is intended to ensure that NMFS provides adequate time for various stakeholders and members of the public to comment on the proposed revisions to the NS1 guidelines. The comment period is extended from August 22, 2005, to October 21, 2005.