2005 – Federal Register Recent Federal Regulation Documents

Results 251 - 300 of 6,572
Bifenazate; Pesticide Tolerances for Emergency Exemptions
Document Number: 05-24137
Type: Rule
Date: 2005-12-16
Agency: Environmental Protection Agency
This regulation establishes time-limited tolerances for combined residues of bifenazate in or on tart cherries and soybeans. This action is in response to EPA's granting of emergency exemptions under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on tart cherries and soybeans. This regulation establishes maximum permissible levels for residues of bifenazate in these food commodities. The tolerance will expire and is revoked on December 31, 2009.
Regulated Navigation Area; East Rockaway Inlet to Atlantic Beach Bridge, Nassau County, Long Island, NY
Document Number: 05-24135
Type: Rule
Date: 2005-12-16
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary regulated navigation area from the entrance of East Rockaway Inlet to the Atlantic Beach Bridge, Nassau County, New York. This regulated navigation area restricts passage of commercial vessels carrying petroleum products with a loaded draft in excess of five feet. Significant shoaling in this area has reduced the depths of the navigable channel and has increased the risk of vessels with drafts of greater than five feet carrying petroleum products as cargo grounding in the channel, and the potential for a significant oil spill.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
Document Number: 05-24133
Type: Rule
Date: 2005-12-16
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has determined that the Atlantic bluefin tuna (BFT) General category daily retention limit for three of the previously designated restricted fishing days (RFD) for December should be adjusted. These General category RFDs are being waived to provide reasonable opportunity for utilization of the coastwide General category BFT quota. Therefore, NMFS waives three RFDs in December and increases the daily retention limit from zero to two large medium or giant BFT on these previously designated RFDs.
Notification of Arrival in U.S. Ports; Certain Dangerous Cargoes; Electronic Submission
Document Number: 05-24126
Type: Rule
Date: 2005-12-16
Agency: Coast Guard, Department of Homeland Security
On August 18, 2004, the Coast Guard published a temporary rule entitled ``Notification of Arrival in U.S. Ports; Certain Dangerous Cargoes; Electronic Submission.'' 69 FR 51176. This temporary rule, which expires March 20, 2006, added ammonium nitrate and ammonium nitrate based fertilizers, in bulk, and propylene oxide, alone or mixed with ethylene oxide, in bulk, to the list of Certain Dangerous Cargoes (CDCs) for which a notice of arrival (NOA) is required. The Coast Guard is now permanently changing the definition of ``certain dangerous cargo'' to include (1) ammonium nitrate, in bulk; (2) ammonium nitrate based fertilizers, in bulk; and (3) propylene oxide, alone or mixed with ethylene oxide, in bulk. This rule also adds an option for vessels to submit notices of arrival electronically. These changes are necessary to promote maritime safety and security and to facilitate the uninterrupted flow of commerce by providing the Coast Guard with information on these cargoes.
Reporting Marine Casualties
Document Number: 05-24125
Type: Rule
Date: 2005-12-16
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is amending its regulations governing marine casualty reporting requirements by adding ``significant harm to the environment'' as a reportable marine casualty, and by requiring certain foreign flag vessels, such as oil tankers, to report marine casualties that occur in waters subject to U.S. jurisdiction, but beyond U.S. navigable waters, when those casualties involve material damage affecting the seaworthiness or efficiency of the vessel, or significant harm to the environment. These changes are required by the Oil Pollution Act of 1990.
Testimony by MSPB Employees and Production of Official Records in Legal Proceedings
Document Number: 05-24117
Type: Proposed Rule
Date: 2005-12-16
Agency: Merit Systems Protection Board, Agencies and Commissions
The Merit Systems Protection Board seeks public comment on a proposed rule that would set out procedures that requesters would have to follow when making demands on or requests to an MSPB employee to produce official records or provide testimony relating to official information in connection with a legal proceeding in which the MSPB is not a party. The rule would establish procedures to respond to such demands and requests in an orderly and consistent manner. The proposed rule will promote uniformity in decisions, protect confidential information, provide guidance to requesters, and reduce the potential for both inappropriate disclosures of official information and wasteful allocation of agency resources.
Oil and Gas and Sulphur Operations on the Outer Continental Shelf (OCS)-Suspension of Operations (SOO) for Ultra-Deep Drilling
Document Number: 05-24109
Type: Rule
Date: 2005-12-16
Agency: Department of the Interior, Minerals Management Service
MMS is modifying its regulations which govern Suspensions of Operations (SOOs) for oil and gas leases on the OCS. The revision will allow MMS to grant an SOO a to lessee or operator to encourage the drilling of ultra-deep wells (i.e., wells below 25,000 feet true vertical depth below the datum at mean sea level). MMS is making this revision because of the added complexity and costs associated with planning and drilling an ultra-deep well. MMS expects that this revision will lead to increased drilling of ultra-deep wells and increased domestic production.
Classification of Certain Foreign Entities
Document Number: 05-24107
Type: Rule
Date: 2005-12-16
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final and temporary regulations relating to certain business entities included on the list of foreign business entities that are always classified as corporations for Federal tax purposes.
Animal Drugs, Feeds, and Related Products; Withdrawal of Approval of New Animal Drug Applications
Document Number: 05-24104
Type: Rule
Date: 2005-12-16
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending the animal drug regulations by removing those portions that reflect approval of 15 new animal drug applications (NADAs) because the products are no longer manufactured or marketed. In a notice published elsewhere in this issue of the Federal Register, FDA is withdrawing approval of the NADAs.
Inclusion of Alligator Snapping Turtle (Macroclemys [=Macrochelys] temminckii) and All Species of Map Turtle (Graptemys spp.) in Appendix III to the Convention on International Trade in Endangered Species of Wild Fauna and Flora
Document Number: 05-24099
Type: Rule
Date: 2005-12-16
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), are listing the alligator snapping turtle (Macroclemys [=Macrochelys] temminckii) and all species of map turtle (Graptemys spp.) in Appendix III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Convention, or CITES). Appendix III of CITES includes species that a CITES Party identifies as being subject to regulation within its jurisdiction for the purpose of preventing or restricting exploitation, and as needing the cooperation of other Parties in the control of trade. International trade in alligator snapping turtles is largely focused on pet markets and meat for human consumption. Map turtles are popular in the pet trade and may also be sold for human consumption. Map and alligator snapping turtles are protected to varying degrees by State laws within the United States. Listing these native turtles in Appendix III is necessary to allow us to adequately monitor international trade in the taxa; to determine whether exports are occurring legally, with respect to State law; and to determine whether further measures under CITES or other laws are required to conserve these species. Appendix-III listings will lend additional support to State wildlife agencies in their efforts to regulate and manage these species, improve data gathering to increase our knowledge of trade in these species, and strengthen State and Federal wildlife enforcement activities to prevent poaching and illegal trade. Furthermore, listing alligator snapping turtles and all species of map turtles in Appendix III enlists the assistance of other Parties in our efforts to monitor and control trade in these species.
Acetic acid, [(5-chloro-8-quinolinyl) oxy]-, 1-methylhexyl ester (Cloquintocet-mexyl); Pesticide Tolerance
Document Number: 05-24097
Type: Rule
Date: 2005-12-16
Agency: Environmental Protection Agency
EPA is granting in part, and denying in part, pesticide petition PP 4E6831 submitted by Syngenta Crop Protection, Inc. that requested certain amendments to 40 CFR 180.560 for acetic acid [(5- chloro-8-quinolinyl) oxy]-, 1-methylhexyl ester; cloquintocet-mexyl; CAS Reg. No. 99607-70-2] and its acid metabolite (5-chloro-8- quinolinoxyacetic acid). EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21 U.S.C. 346a(d)(3) in the Federal Register of June 2, 2004 (69 FR 31116) (FRL-7357-8) announcing the filing of this petition requesting that the tolerance expressions under Sec. 180.560 for wheat forage and hay be increased, the addition of tolerances for barley commodities (grain, hay, and straw), and the inclusion of a reference to the active ingredient pinoxaden. Although EPA finds it is safe to add a reference to pinoxaden and tolerances for barley (grain, hay, and straw) to this tolerance regulation, EPA does not agree that grounds exist to increase the tolerance expressions for wheat forage and hay. Thus, EPA is granting Syngenta's petition in as far as it seeks to add the reference pinoxaden and tolerances for barley (grain, hay, and straw) but is denying the request to increase the tolerance expressions for wheat forage and hay.
Use of Electronic Submissions in Agency Hearings
Document Number: 05-24081
Type: Proposed Rule
Date: 2005-12-16
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to require the use of electronic submissions in all agency hearings, except for those conducted on a high-level radioactive waste repository application (which are covered under a separate set of regulations). The amendments would require the electronic transmission of electronic documents in submissions made to the NRC's adjudicatory boards, and in serving copies of those submissions on all participants to the proceedings. Although exceptions to these requirements would be established to allow paper filings in limited circumstances, the NRC would maintain a strong preference for fully electronic filing and service. The proposed rule builds upon prior NRC rules and developments in the Federal courts regarding the use of electronic submissions. The Commission is also seeking comment on draft guidance on how to submit hearing documents to the NRC electronically.
Airworthiness Directives; Boeing Model 767-200, -300, and -300F Series Airplanes
Document Number: 05-24054
Type: Rule
Date: 2005-12-16
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 767-200, -300, and -300F series airplanes. This AD requires replacing the aileron control override quadrant with a modified unit. This AD results from a report of the seizing of the input override mechanism bearings of the lateral central control actuator on affected airplanes. We are issuing this AD to prevent corrosion of the input override mechanism bearings of the lateral central control actuator, which, in the event of a subsequent jam in the pilot's aileron control system, could result in failure of the aileron override system and consequent reduced lateral controllability of the airplane.
Airworthiness Directives; Boeing Model 747-400, 747-400D, and 747-400F Series Airplanes
Document Number: 05-24053
Type: Rule
Date: 2005-12-16
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 747-400, 747-400D, and 747-400F series airplanes. This AD requires repetitive detailed inspections for damage (degraded finish; missing, lifted, peeling, or blistering paint; or signs of corrosion) of the interior skin in the forward and aft cargo compartments, and corrective actions if necessary. This AD results from reports of skin corrosion on four Boeing Model 747 series airplanes that were delivered between 1995 and 1999. We are issuing this AD to detect and correct corrosion, which can penetrate the thickness of the skin and cause cracking, and result in rapid decompression of the airplane.
Airworthiness Directives; Boeing Model 777-200 and -300 Series Airplanes
Document Number: 05-24050
Type: Rule
Date: 2005-12-16
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 777-200 and -300 series airplanes. This AD requires repetitive detailed inspections of the forward lugs of the power control unit (PCU), yoke assembly, and forward attachment hardware of the left inboard, left outboard, right inboard, and right outboard flaperon PCUs; and other specified/corrective actions if necessary. For certain airplanes, this AD also requires other related concurrent actions. This AD results from reports indicating that operators have found worn, fretted, and fractured bolts that attach the yoke assembly to the flaperon PCU. We are issuing this AD to prevent damage and eventual fracture of the yoke assembly, pin assembly, and attachment bolts that connect the inboard and outboard PCUs to a flaperon, which could lead to the flaperon becoming unrestrained and consequently departing from the airplane. Loss of a flaperon could result in asymmetric lift and reduced roll control of an airplane. A departing flaperon could also cause damage to the horizontal and vertical stabilizers, which could result in loss of control of the airplane if damage is significant.
Social Security Number (SSN) Cards; Limiting Replacement Cards
Document Number: 05-23962
Type: Rule
Date: 2005-12-16
Agency: Social Security Administration, Agencies and Commissions
These regulations reflect and implement amendments to the Social Security Act (the Act) made by part of the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA). Section 7213(a)(1)(A) of the IRTPA requires that we limit individuals to three replacement SSN cards per year and ten replacement SSN cards during a lifetime. The provision permits us to allow for reasonable exceptions from these limits on a case-by-case basis in compelling circumstances. This provision also helps us to further strengthen the security and integrity of the SSN issuance process. The limits on replacement SSN cards will be established prospectively, effective no later than December 17, 2005, regardless of the date we issue final rules in the Federal Register.
Implementation of the Anabolic Steroid Control Act of 2004
Document Number: 05-23907
Type: Rule
Date: 2005-12-16
Agency: Drug Enforcement Administration, Department of Justice
The purpose of this rulemaking is to conform the Drug Enforcement Administration's (DEA) regulations to the provisions of the Anabolic Steroid Control Act of 2004. Effective January 20, 2005, the Act amended the Controlled Substances Act (CSA) and replaced the existing definition of ``anabolic steroid'' with a new definition. This new definition altered the basis for all future administrative scheduling actions relating to the control of anabolic steroids as Schedule III controlled substances by eliminating the requirement to prove muscle growth. Additionally, the Act lists 59 specific substances as being anabolic steroids. As such, these substances and their salts, esters and ethers are Schedule III controlled substances. This rulemaking amends 21 CFR Parts 1300 and 1308 to reflect these changes. The Act also amends the CSA by revising the language requiring exclusion of certain over the counter products from regulation as controlled substances. The Act clarifies that the exclusionary language in 21 U.S.C. 811(g)(1) pertains only to non-narcotic ``drugs'' that may, under the Federal Food, Drug, and Cosmetic Act (FDCA), be lawfully sold over the counter without a prescription. The statute is self-implementing with the changes that became effective on January 20, 2005. DEA has no authority to revise the changes and is simply modifying its regulations to conform to the statute. Consequently, public comments are not being solicited since they could not alter this rule.
Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Other Solid Waste Incineration Units
Document Number: 05-23716
Type: Rule
Date: 2005-12-16
Agency: Environmental Protection Agency
EPA is promulgating new source performance standards (NSPS) and emission guidelines for new and existing ``other'' solid waste incineration units (OSWI). The final rules for OSWI units fulfill the requirements of sections 111 and 129 of the Clean Air Act (CAA), which require EPA to promulgate NSPS and emission guidelines for solid waste incineration units. The final rules, which address only the incineration of nonhazardous solid wastes, will protect public health by reducing exposure to air pollution.
Economic Development Administration Reauthorization Act of 2004 Implementation; Regulatory Revision
Document Number: 05-24110
Type: Rule
Date: 2005-12-15
Agency: Department of Commerce, Economic Development Administration
On November 14, 2005, the Economic Development Administration (``EDA'') published a final rule in the Federal Register delaying the effective date, from November 14, 2005 until January 31, 2006, of certain provisions of EDA's interim final rule originally published in the Federal Register on August 11, 2005. EDA is publishing this final rule to revoke the November 14, 2005 final rule. The conference report accompanying the FY 2006 Science, State, Justice, Commerce and Related Agencies Appropriations Act expresses Congressional intent as to specific changes to EDA's August 11, 2005 interim final rule. The changes specified in the conference report include changes to those provisions of the August 11, 2005 interim final for which the effective date was delayed by the final rule published on November 14, 2005. Concurrent with the publication of this final rule, EDA is publishing in the Federal Register an interim final rule to effect those changes to the August 11, 2005 interim final rule specified in the conference report. Capitalized terms used but not otherwise defined in this final rule have the meanings ascribed to them in the August 11, 2005 interim final rule.
Corporate Estimated Tax; Correction
Document Number: 05-24091
Type: Proposed Rule
Date: 2005-12-15
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document corrects the notice of public hearing (REG- 107722-00) that was published in the Federal Register on Monday, December 12, 2005 (70 FR 73393), that relates to corporate estimated taxes.
Benefits Payable in Terminated Single-Employer Plans; Allocation of Assets in Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits
Document Number: 05-24088
Type: Rule
Date: 2005-12-15
Agency: Pension Benefit Guaranty Corporation, Agencies and Commissions
The Pension Benefit Guaranty Corporation's regulations on Benefits Payable in Terminated Single-Employer Plans and Allocation of Assets in Single-Employer Plans prescribe interest assumptions for valuing and paying benefits under terminating single-employer plans. This final rule amends the regulations to adopt interest assumptions for plans with valuation dates in January 2006. Interest assumptions are also published on the PBGC's Web site (https://www.pbgc.gov).
Title I-Improving the Academic Achievement of the Disadvantaged; Individuals With Disabilities Education Act (IDEA)-Assistance to States for the Education of Children With Disabilities
Document Number: 05-24083
Type: Proposed Rule
Date: 2005-12-15
Agency: Department of Education
The Secretary proposes to amend the regulations governing programs administered under Title I of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the No Child Left Behind Act of 2001 (NCLB) (referred to in these proposed regulations as the Title I program) and the regulations governing programs under Part B of the Individuals with Disabilities Education Act (IDEA) (referred to in these proposed regulations as the IDEA program). The proposed regulations would provide States with additional flexibility regarding State, local educational agency (LEA), and school accountability for the achievement of a group of students with disabilities who can make significant progress, but may not reach grade-level achievement standards within the same time frame as other students, even after receiving the best-designed instructional interventions from highly trained teachers.
Fisheries of the Exclusive Economic Zone Off Alaska; North Pacific Halibut and Sablefish Individual Fishing Quota Cost Recovery Program
Document Number: 05-24082
Type: Rule
Date: 2005-12-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The National Marine Fisheries Service publishes IFQ standard prices for the IFQ Cost Recovery Program in the halibut and sablefish fisheries of the North Pacific. This action is intended to provide holders of halibut and sablefish IFQ permits information to calculate the payments required for IFQ cost recovery fees due by January 31, 2006.
Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2006 Specifications
Document Number: 05-24079
Type: Proposed Rule
Date: 2005-12-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes specifications for the 2006 Atlantic herring fishery, which are the same as the specifications implemented in 2005. The regulations for the Atlantic herring fishery require NMFS to publish specifications for the upcoming year and to provide an opportunity for public comment. The intent of the specifications is to conserve and manage the Atlantic herring resource and provide for a sustainable fishery.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher/Processor Vessels Using Hook-and-line Gear in the Bering Sea and Aleutian Islands Management Area
Document Number: 05-24078
Type: Rule
Date: 2005-12-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific cod by catcher/processor vessels using hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2005 total allowable catch (TAC) of Pacific cod specified for catcher/processor vessels using hook-and-line gear in the BSAI.
Approval and Promulgation of Air Quality Implementation Plans; Maine; Architectural and Industrial Maintenance (AIM) Coatings Regulation
Document Number: 05-24076
Type: Proposed Rule
Date: 2005-12-15
Agency: Environmental Protection Agency
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Maine. This revision establishes requirements to reduce volatile organic compound (VOC) emissions from architectural and industrial maintenance coatings. The intended effect of this action is to propose approval of these requirements. This action is being taken under the Clean Air Act (CAA).
Federal Motor Vehicle Safety Standards; Air Brake Systems
Document Number: 05-24070
Type: Proposed Rule
Date: 2005-12-15
Agency: National Highway Traffic Safety Administration, Department of Transportation
The agency is proposing to amend our air brake standard to improve the stopping distance performance of truck tractors. Based on current safety trend data and brake system technologies for truck tractors, we are proposing to reduce the required stopping distance for these vehicles by 20 to 30 percent. We have tentatively concluded that truck tractors are capable of achieving a reduction in stopping distance within this range with existing technologies. We also discuss research and request comment concerning improving the braking performance of other types of heavy vehicles, i.e., trailers, straight trucks, and buses. The agency may address improved braking performance for these other vehicles in a future rulemaking.
Establishment of Area Navigation Routes; Southwestern and South Central United States
Document Number: 05-24069
Type: Rule
Date: 2005-12-15
Agency: Federal Aviation Administration, Department of Transportation
This action establishes three area navigation (RNAV) routes over Southwestern and South Central United States in support of the High Altitude Redesign (HAR) program. The FAA is taking this action to enhance safety and to improve the efficient use of the navigable airspace.
Safety Zone; Chicago New Year's Celebration, Lake Michigan, Chicago, IL
Document Number: 05-24068
Type: Rule
Date: 2005-12-15
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone for the Chicago New Year's Celebration fireworks display. This safety zone is necessary to protect vessels and spectators from potential airborne hazards during a planned fireworks display over Lake Michigan. The safety zone is intended to restrict vessels from a portion of Lake Michigan off Chicago, Illinois.
Pollution Prevention Equipment
Document Number: 05-24067
Type: Proposed Rule
Date: 2005-12-15
Agency: Coast Guard, Department of Homeland Security
This document contains corrections to the notice of proposed rulemaking published in the Federal Register on November 3, 2005. The proposed rule would revise Coast Guard pollution prevention equipment regulations to make them consistent with new International Maritime Organization (IMO) guidelines and specifications issued under the International Convention for the Prevention of Pollution from Ships (MARPOL) Annex I.
Pipeline Safety: Design and Construction Standards To Reduce Internal Corrosion in Gas Transmission Pipelines
Document Number: 05-24063
Type: Proposed Rule
Date: 2005-12-15
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
This document proposes regulations on the control of internal corrosion when designing and constructing new and replaced gas transmission pipelines. The proposed rule would require an operator to take steps in design and construction to reduce the risk that liquids collecting within the pipeline could result in failures because of internal corrosion. These changes would ease steps an operator must take in operating and maintaining the pipeline to minimize internal corrosion.
Suspension of Community Eligibility
Document Number: 05-24062
Type: Rule
Date: 2005-12-15
Agency: Federal Emergency Management Agency, Department of Homeland Security
This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If FEMA receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date.
Integrity Management: Program Modifications and Clarifications-Request for Comments
Document Number: 05-24061
Type: Proposed Rule
Date: 2005-12-15
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
PHMSA proposes revisions to the current Pipeline Safety Regulations for Pipeline Integrity Management in High Consequence Areas. The revisions address a petition from the hazardous liquid pipeline industry. The revisions are to: allow more flexibility in reassessment intervals for hazardous liquid pipelines by adding an eight-month window to the five-year time frame for operators to complete reassessment; and require both hazardous liquid pipeline and gas transmission pipeline operators to notify PHMSA whenever they reduce pipeline pressure to make a repair and to provide reasons for pressure reduction. Another notification, including reasons for repair delay, would be required when a pressure reduction exceeds 365 days. Also, PHMSA proposes to correct existing provisions for calculating a pressure reduction when making an immediate repair on a hazardous liquid pipeline. The proposed correction would allow operators to use another acceptable method to calculate reduced operating pressure when a specified formula is not applicable or results in a calculated pressure higher than operating pressure. Finally, PHMSA seeks the submittal of engineering analyses and technical data. These submittals are to provide the basis for modifying the required time periods for remediating certain conditions found during a hazardous liquid pipeline integrity assessment. PHMSA will use this data to evaluate the scope and scale of repair issues to develop an accurate basis for determining if any additional flexibility is needed in the repair schedules.
Outsourcing of Noncriminal Justice Administrative Functions
Document Number: 05-24055
Type: Rule
Date: 2005-12-15
Agency: National Crime Prevention and Privacy Compact Council, Agencies and Commissions
The Compact Council, established pursuant to the National Crime Prevention and Privacy Compact Act of 1998 (Compact), is adopting, as a final rule, without change, an interim final rule which permits the outsourcing of noncriminal justice administrative functions involving access to criminal history record information (CHRI). Procedures established to permit outsourcing are required to conform with the Compact Council's interpretation of Articles IV and V of the Compact.
Airworthiness Directives; Boeing Model 727, 727C, 727-100, and 727-100C Series Airplanes
Document Number: 05-24052
Type: Proposed Rule
Date: 2005-12-15
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for all Boeing Model 727, 727C, 727-100, and 727-100C series airplanes. This proposed AD would require repetitive inspections for cracks in the body skin and bear strap at the upper and lower hinge cutouts of the mid-cabin galley doorway, along the upper fastener row of the stringer 14R lap splice, and in the doorstop fitting adjacent to the upper hinge cutout; and corrective action if necessary. This proposed AD also provides for optional terminating action for certain inspections. This proposed AD results from reports of skin and bear strap cracking at the upper and lower hinge cutout and along the upper fastener row of the stringer 14R lap splice, and cracking in the doorstop fitting adjacent to the upper hinge cutout. There are also reports of cracking on airplanes previously modified to prevent such cracking. We are proposing this AD to find and fix fatigue cracking of the fuselage, which could result in reduced structural integrity and consequent rapid decompression of the airplane.
Airworthiness Directives; Airbus Model A318-100 and A319-100 Series Airplanes, A320-111 Airplanes, A320-200 Series Airplanes, and A321-100 and A321-200 Series Airplanes
Document Number: 05-24051
Type: Proposed Rule
Date: 2005-12-15
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus Model A318-100 and A319-100 series airplanes, A320- 111 airplanes, A320-200 series airplanes, and A321-100 and A321-200 series airplanes. This proposed AD would require operators to review the airplane's maintenance records to determine the part numbers of the magnetic fuel level indicators (MFLI) of the fuel tank, and related investigative and corrective actions if necessary. This proposed AD results from several in-service incidents of wear and detachment of the top-stops from the MFLI. Such detachment allows the top-stop to move around the fuel tank, and the top-stop could come into contact or in close proximity with a gauging probe, resulting in compromise of the air gap between the probe and the structure and creating a potential ignition source. We are proposing this AD to prevent an ignition source in the fuel tank in the event of a lightning strike, which could result in a fire or explosion.
Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition to List the Queen Charlotte Goshawk as Threatened or Endangered
Document Number: 05-24045
Type: Proposed Rule
Date: 2005-12-15
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce the opening of a public comment period to update the 1997 status review for the Queen Charlotte goshawk (Accipiter gentilis laingi), a subspecies of the northern goshawk that lives in the temperate rainforests of Southeast Alaska and insular British Columbia. This update has been initiated in response to a recent Court order remanding a previous 12- month finding with instructions to determine if Vancouver Island, British Columbia, Canada, is a significant portion of this goshawk's range and, if so, to determine whether the bird is endangered or threatened under the Endangered Species Act of 1973, as amended. This public comment period will allow all interested parties an opportunity to provide information on the status of the subspecies throughout its range, thereby assisting us in evaluating the significance of the Vancouver Island population of the goshawk in relation to the taxon as a whole.
Importation of Nursery Stock
Document Number: 05-24031
Type: Proposed Rule
Date: 2005-12-15
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend the regulations on importing nursery stock to eliminate various restrictions on the importation of plants in vitro and kenaf seed; to establish programs for the importation of approved plants from the Canary Islands and from Israel; to require an additional declaration on the phytosanitary certificate accompanying blueberry plants imported from Canada; to require that phytosanitary certificates include the genus and species names of the restricted articles they accompany; to change the phytosanitary certificate requirements for several restricted articles; to reduce the postentry quarantine growing period for Hydrangea spp. and for certain chrysanthemums; and to update the list of ports of entry and Federal plant inspection stations. We are also proposing several other changes to update and clarify the regulations and improve their effectiveness. These changes are necessary to relieve restrictions that appear unnecessary, update existing provisions, and make the regulations easier to understand and implement.
Internet Availability of Proxy Materials
Document Number: 05-24004
Type: Proposed Rule
Date: 2005-12-15
Agency: Securities and Exchange Commission, Agencies and Commissions
We are proposing amendments to the proxy rules under the Securities Exchange Act of 1934 that would provide an alternative method for issuers and other persons to furnish proxy materials to shareholders by posting them on an Internet Web site and providing shareholders with notice of the availability of the proxy materials. Copies would be available to shareholders on request, at no cost. The proposed amendments are intended to put into place processes that would provide shareholders with notice of, and access to, proxy materials while taking advantage of technological developments and the growth of the Internet and electronic communications. Issuers that rely on the proposed amendments would be able to lower costs of proxy solicitations that ultimately are borne by shareholders. The proposed amendments also would apply to a soliciting person other than the issuer, which we anticipate might reduce the costs of engaging in a proxy contest. Today's proposals would not apply to business combination transactions. These proposals also would not affect the availability of any existing method of furnishing proxy materials.
NASA Research Announcements-Small Business Subcontracting Plans and Publication Acknowledgement and Disclaimers
Document Number: 05-23994
Type: Rule
Date: 2005-12-15
Agency: National Aeronautics and Space Administration, Agencies and Commissions
This is a final rule amending the NASA FAR Supplement (NFS) to require for NASA Research Announcements: Submission of a small business subcontracting plan with any proposal having subcontracting possibilities that may result in the award of a contract whose value exceeds $5,000,000; and acknowledgement of NASA sponsorship and disclaimer of agency endorsement of results.
Property Administration and Reporting for Interagency Acquisitions
Document Number: 05-23993
Type: Rule
Date: 2005-12-15
Agency: National Aeronautics and Space Administration, Agencies and Commissions
This is a final rule to amend the NASA FAR Supplement (NFS) to revise clause 1852.217-70 Property Administration and Reporting to change the name of ``NASA-Defense Purchase Request'' to ``NASA- Interagency Purchase Request'' and to replace the term ``Military Department'' to ``servicing agency'' in order to permit the use of this clause in interagency acquisitions with military departments and civilian agencies.
Market and Large Trader Reporting
Document Number: 05-23977
Type: Proposed Rule
Date: 2005-12-15
Agency: Commodity Futures Trading Commission, Agencies and Commissions
The Commodity Futures Trading Commission (Commission or CFTC) is proposing several amendments to its market and large trader reporting rules. First, the Commission is proposing to establish a new reporting level for futures and option contracts based on 3-Year U.S. Treasury Notes. Second, the Commission is proposing to clarify the application of the reporting rules to registered derivatives transaction execution facilities (DTEFs). Third, the Commission is proposing to require designated contract markets to publicly disseminate integrated volume data that separately identifies the volume generated from block trades. Fourth, the Commission is proposing to adopt a reporting framework for contracts that are exclusively self- cleared. Finally, the Commission is proposing a number of conforming, clarifying, and technical amendments.
Commodity Pool Operator Electronic Filing of Annual Reports
Document Number: 05-23965
Type: Proposed Rule
Date: 2005-12-15
Agency: Commodity Futures Trading Commission, Agencies and Commissions
The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is proposing to amend Commission regulations to require that commodity pool annual financial reports submitted by commodity pool operators (``CPOs'') to the National Futures Association (``NFA'') be filed electronically. Commodity pool annual reports filed with a registered futures association (currently, the NFA is the sole registered futures association) must contain a manually signed oath or affirmation under Commission regulations and no provision exists for electronic filing of annual reports with NFA. The NFA has recently petitioned the Commission to amend its regulations to require mandatory electronic filing of commodity pool annual reports. The Commission has considered the NFA petition and is hereby proposing to amend Commission regulations: (i) To require CPOs to file a commodity pool annual report with NFA electronically, with the required oath or affirmation to be made through compliance with NFA's electronic filing procedures; (ii) to require CPOs to maintain for five years a manually signed copy of each annual report and to maintain records of how certain key financial balances submitted to NFA were compiled from the annual report; (iii) to eliminate the requirement that the annual report filed with NFA be manually signed. Further, the Commission is proposing additional amendments to clarify certain aspects of the Commission's regulations applicable to CPOs with respect to financial reporting, Specifically, the Commission is proposing amendments that would: explicitly state that commodity pool monthly and/or quarterly account statements distributed to participants must be prepared in accordance with generally accepted accounting principles; clarify that COPs must file a notification of a change in a public accountant for a commodity pool with the Commission and with NFA; clarify that a reference to ``segregation'' with respect to a statement required to be made in an accountant's letter refers to the prohibition on commingling of funds of a commodity pool with the assets of any other person; and require that notifications concerning CPOs' election of fiscal years for commodity pools other than the calendar year or changes in fiscal year be filed solely with NFA and not the Commission. Annual reports to pool participants may continue to be provided as they have been previously, either through hard-copy distribution via postal mail or electronically if the pool participant consents thereto.
Sickness or Accident Disability Payments
Document Number: 05-23945
Type: Rule
Date: 2005-12-15
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final regulations providing guidance regarding the treatment of payments made on account of sickness or accident disability under a workers' compensation law for purposes of the Federal Insurance Contributions Act (FICA).
Economic Development Administration Reauthorization Act of 2004 Implementation; Regulatory Revision
Document Number: 05-23927
Type: Rule
Date: 2005-12-15
Agency: Department of Commerce, Economic Development Administration
The Economic Development Administration (``EDA'') published an interim final rule in the Federal Register on August 11, 2005. EDA is publishing this interim final rule to effect those changes to the August 11, 2005 interim final rule specified in the conference report, accompanying the FY 2006 Science, State, Justice, Commerce and Related Agencies Appropriations Act. Capitalized terms used but not otherwise defined in this interim final rule have the meanings ascribed to them in the August 11, 2005 interim final rule.
Regulation of Fuels and Fuel Additives: Modifications to Standards and Requirements for Reformulated and Conventional Gasoline Including Butane Blenders and Attest Engagements
Document Number: 05-23807
Type: Rule
Date: 2005-12-15
Agency: Environmental Protection Agency
EPA is taking direct final action on certain modifications to the reformulated and conventional gasoline regulations. Based on experience gained since the promulgation of these regulations, EPA proposed these modifications along with various others in a Notice of Proposed Rulemaking (NPRM) published on July 11, 1997. In final rules published on December 31, 1997, and December 28, 2001, EPA took final action on several of the modifications proposed in the July 11, 1997 NPRM. Today's direct final action would finalize many of the remaining proposed modifications. The modifications in today's direct final rule correct technical errors, clarify certain provisions, and codify guidance previously issued by the Agency. This rule also makes several minor technical corrections to the RFG rule which were not included in the July 11, 1997 proposal, and makes two minor technical corrections to the Tier 2 gasoline sulfur rule. The emissions benefits achieved from the RFG and conventional gasoline programs will not be reduced as a result of this direct final rule.
Regulation of Fuels and Fuel Additives: Modifications to Standards and Requirements for Reformulated and Conventional Gasoline Including Butane Blenders and Attest Engagements
Document Number: 05-23806
Type: Proposed Rule
Date: 2005-12-15
Agency: Environmental Protection Agency
EPA is proposing to take action on certain modifications to the reformulated and conventional gasoline regulations. Based on experience gained since the promulgation of these regulations, EPA proposed these modifications along with various others in a Notice of Proposed Rulemaking (NPRM) published on July 11, 1997. In final rules published on December 31, 1997 and December 28, 2001, EPA took final action on several of the modifications proposed in the July 11, 1997 NPRM. Today's action proposes to take action on many of the remaining modifications in the 1997 NPRM. The modifications in today's proposed rule would correct technical errors, clarify certain provisions, and codify guidance previously issued by the Agency. This rule also would make several minor technical corrections to the RFG rule which were not included in the July 11, 1997 proposal, and make two minor technical corrections to the Tier 2 gasoline sulfur rule. The emissions benefits achieved from the RFG and conventional gasoline programs would not be reduced as a result of this proposed rule.
Endangered and Threatened Wildlife and Plants; Critical Habitat for the Perdido Key Beach Mouse, Choctawhatchee Beach Mouse, and St. Andrew Beach Mouse
Document Number: 05-23695
Type: Proposed Rule
Date: 2005-12-15
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to revise critical habitat for the endangered Perdido Key beach mouse (Peromyscus polionotus trissyllepsis) and Choctawhatchee beach mouse (Peromyscus polionotus allophrys), and designate critical habitat for the endangered St. Andrew beach mouse (Peromyscus polionotus peninsularis) pursuant to the Endangered Species Act of 1973, as amended (Act). We are proposing 5 units of critical habitat totaling approximately 1,264 acres (ac) (511 hectares (ha)) for the Perdido Key beach mouse, 5 units totaling approximately 2,334 ac (944 ha) for the Choctawhatchee beach mouse, and 3 units totaling approximately 2,610 ac (1,056 ha) for the St. Andrew beach mouse. In total, approximately 6,208 ac (2,511 ha) fall within the boundaries of the proposed critical habitat designation. The proposed critical habitat is located in Baldwin County, Alabama, and Escambia, Okaloosa, Walton, Bay, and Gulf Counties, Florida.
Mushroom Promotion, Research, and Consumer Information Order; Section 610 Review
Document Number: E5-7336
Type: Proposed Rule
Date: 2005-12-14
Agency: Agricultural Marketing Service, Department of Agriculture
This document announces the Agricultural Marketing Service's (AMS) review of the Mushroom Promotion, Research, and Consumer Information Order (conducted under the Mushroom Promotion, Research, and Consumer Information Act), under the criteria contained in Section 610 of the Regulatory Flexibility Act (RFA).
Potato Research and Promotion Plan; Section 610 Review
Document Number: E5-7332
Type: Proposed Rule
Date: 2005-12-14
Agency: Agricultural Marketing Service, Department of Agriculture
This document announces the Agricultural Marketing Service's (AMS) review of the Potato Research and Promotion Plan (conducted under the Potato Research and Promotion Act), under the criteria contained in Section 610 of the Regulatory Flexibility Act (RFA).
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