2005 – Federal Register Recent Federal Regulation Documents

EPA is proposing to approve revisions to the sulfur dioxide requirements for Flint Hills Resources, L.P. (Flint Hills) of Dakota County, Minnesota. The requested revisions will allow the Rosemont, Minnesota petroleum refinery to produce ultra low sulfur diesel fuel. This expansion will add five sources and create an increase in sulfur dioxide emissions. An analysis of the additional sources was conducted. The results shows that the air quality of Dakota County will remain in compliance with the National Ambient Air Quality Standards (NAAQS) for sulfur dioxide. In the final rules section of this Federal Register, EPA is approving the SIP revision as a direct final rule without prior proposal, because EPA views this as a noncontroversial revision and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If we do not receive any adverse comments in response to these direct final and proposed rules, we do not contemplate taking any further action in relation to this proposed rule. If EPA receives adverse comments, we will withdraw the direct final rule and will respond to all public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time.

The Environmental Protection Agency is proposing to approve a revision to the State Implementation Plan (SIP) for ozone submitted by the State of New Jersey. This SIP revision consists of a source- specific reasonably available control technology (RACT) determination for controlling oxides of nitrogen from the cogeneration facility operated by Schering Corporation. This action proposes an approval of the source-specific RACT determination that was made by New Jersey in accordance with provisions of its regulation to help meet the national ambient air quality standard for ozone. The intended effect of this proposed rule is to approve source-specific emission limitations required by the Clean Air Act.

On November 10, 2003, EPA promulgated national emission standards for hazardous air pollutants (NESHAP) for miscellaneous organic chemical manufacturing under the authority of section 112 of the Clean Air Act (CAA). This action proposes clarifications to the compliance requirements for flares and the alternative standard, which limits the outlet concentration to 20 parts per million. This action proposes an expansion of the scope of the vapor balancing alternative for storage tanks, modifications to the procedures for correcting measured concentrations at the outlet of combustion devices to account for supplemental gases, and clarification of the signature requirements for the notification of compliance status report. This action also proposes revisions of several referencing and drafting errors. In the Rules and Regulations section of this Federal Register, we are taking direct final action on the proposed amendments because we view the amendments as noncontroversial and anticipate no adverse comments. We have explained our reasons for the amendments in the preamble to the direct final rule. If we receive no adverse comments, we will take no further action on the proposed amendments. If we receive adverse comments, we will withdraw only those provisions on which we received significant adverse comments. We will publish a timely withdrawal in the Federal Register indicating which provisions will become effective and which provisions are being withdrawn. If part or all of the direct final rule in the Rules and Regulations section of today's Federal Register is withdrawn, all comments pertaining to the withdrawn provisions will be addressed in a subsequent final rule based on the proposed amendments. We will not institute a second comment period before taking the subsequent final action. Any parties interested in commenting must do so at this time.

EPA is taking direct final action to delete a provision from the California State Implementation Plan (SIP) that was approved into the SIP in error. This provision is part of a rule concerning emissions of volatile organic compounds (VOC) from solvent cleaning operations. EPA has determined that the continued presence of this provision in the SIP is potentially confusing and thus harmful to affected sources, local agencies and to EPA. The intended effect of this action is to delete this provision and make the federally enforceable SIP consistent with the SIP as adopted and submitted by the State of California.

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

The Alcohol and Tobacco Tax and Trade Bureau proposes to change the minimum content requirement for vintage date statements on some wine labels. We take this action in response to a petition from a trade association representing California wineries. We invite comments on this proposed amendment to our regulations.

This Treasury decision establishes the 570,000-acre Horse Heaven Hills viticultural area in south-central Washington State. Located along the Columbia River in portions of Klickitat, Yakima, and Benton counties, the Horse Heaven Hills area is about 115 miles east of Vancouver, Washington, and lies entirely within the established Columbia Valley viticultural area. 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.

The Defense Security Service (DSS) is adding an exemption rule for the system of records V5-05, entitled `Joint Personnel Adjudication System (JPAS)'. The system of records is being transferred from the Department of the Air Force's inventory (F031 DoD A, entitled `Joint Personnel Adjudication System (JPAS)') to the DSS inventory of records. The exemption rule (32 CFR part 806b) for the Air Force system is being transferred and published as an exemption rule (32 CFR part 321.13) for the DSS system. The rule was published as a final rule on May 9, 2003 at 68 FR 24881.

The Nuclear Regulatory Commission (NRC) is amending its regulations pertaining to the export and import of radioactive materials. The amendments implement recent changes to the nuclear and radioactive material security policies of both the Commission and the Executive Branch. The final rule takes into account provisions in the International Atomic Energy Agency (IAEA) Code of Conduct on the Safety and Security of Radioactive Sources (Code of Conduct) concerning the import and export of radioactive sources, and the supplemental IAEA Guidance on the Import and Export of Radioactive Sources (Guidance document) on internationally harmonized guidance for the import and export of radioactive sources. The amendments provide for enhanced tracking of certain exports and imports of radioactive sealed sources and bulk material for certain radionuclides. The amended regulation includes new specific export and import license requirements, advance notification procedures prior to shipment, verification of the recipient facility's licensing status, and review of the adequacy of the receiving country's controls on radioactive sources. The amendments apply to a small number of radioactive materials when exported or imported in amounts exceeding clearly defined International System (SI) limits. The amended regulation provides the Commission with flexibility to treat each export and import license application on a case-by-case basis, with the ability to accommodate the still evolving domestic and international security measures for radioactive material.

This document withdraws the notice of proposed rulemaking relating to the application of the Federal Insurance Contributions Act (FICA), Federal Unemployment Tax Act (FUTA), and Collection of Income Tax at Source to incentive stock options and options granted under employee stock purchase plans (collectively referred to as ``statutory stock options'') that was published on November 14, 2001. This withdrawal affects employers that grant these options and employees who exercise these options.

The Copyright Office of the Library of Congress is removing its regulations governing the filing of claims to cable, satellite, and DART royalty funds. These claims now are to be filed with the Copyright Royalty Judges pursuant to the Copyright Royalty and Distribution Reform Act of 2004, which became effective on May 31, 2005.

EPA is taking direct final action to approve the Limited Maintenance Plan for the Spokane nonattainment area (NAA) in Washington and grant the request by the State to redesignate the area from nonattainment to attainment for PM10. On November 30, 2004, the State of Washington submitted a Limited Maintenance Plan (LMP) for the Spokane nonattainment area (NAA) for approval and concurrently requested that EPA redesignate the Spokane 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). In 1997, EPA approved Washington's moderate area plan for the Spokane NAA for all PM10 sources except windblown dust. In this direct final action, EPA is also approving the remaining elements of the Spokane NAA moderate area plan for windblown dust sources.

In this document, the Commission delays until January 9, 2006, the effective date of the rule requiring the sender of a facsimile advertisement to obtain the recipient's express permission in writing.

We, the U.S. Fish and Wildlife Service (Service), pursuant to the Endangered Species Act of 1973, as amended (Act), announce the reopening of the comment period on the proposal to designate critical habitat for four vernal pool crustaceans and eleven vernal pool plants in California and Southern Oregon, and the availability of the draft economic analysis of the proposed designation of critical habitat. The economic analysis identifies potential costs of approximately $992 million over or 20-year period or $87.5 million per year as a result of the designation of critical habitat, including those costs coextensive with listing. We are reopening the comment period for the proposal to designate critical habitat for these species to allow all interested parties an opportunity to comment simultaneously on the proposed rule and the associated draft economic analysis. Comments previously submitted need not be resubmitted as they will be incorporated into the public record as part of this comment period, and will be fully considered in the preparation of the final rule.

Indiana has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has determined that these changes satisfy all requirements needed to qualify for Final authorization, and is proposing to authorize the State's changes through this proposed final action.

The Commander, First Coast Guard District, has issued a temporary deviation from the drawbridge operation regulations for the Metropolitan Avenue Bridge, mile 3.4, across English Kills at New York City, New York. Under this temporary deviation the bridge may remain in the closed position from July 8, 2005 through July 22, 2005 and from July 25, 2005 through August 31, 2005. This temporary deviation is necessary to facilitate bridge maintenance.

EPA is today amending its regulations to delete methyl ethyl ketone (MEK) from the list of chemicals subject to reporting under section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) and section 6607 of the Pollution Prevention Act of 1990 (PPA). This action is being taken to comply with a DC Circuit decision and order requiring the Agency to delete MEK. Because this action is being taken to conform the regulations to the court's order, notice and comment are unnecessary, and this rule is effective immediately. Upon promulgation of this rule, facilities will no longer be required under EPCRA section 313 to report releases of and other waste management information on MEK, including those that occurred during the 2004 reporting year.

The Coast Guard is changing the regulation governing the operation of the State Highway 188 vertical lift span bridge, across Bayou La Batre, mile 2.3, at Bayou La Batre, Alabama. This rule will allow the draw of the bridge to open on the hour during the predominant daylight hours, remain closed except for emergencies at night and remain closed to navigation at specific vehicular peak rush hour periods. This rule will allow for better coordination and facilitate movement of both vehicular and marine traffic at the bridge site due to an increase in commuter traffic Monday thru Friday.

This regulation establishes an exemption from the requirement of a tolerance for residues of 2-ethyl-3-hydroxy- 4H-pyran-4-one, also known as ethyl maltol when used as an inert ingredient in or on growing crops, when applied to raw agricultural commodities after harvest, or to animals. Firmenich Incorporated submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of ethyl maltol.

This document adopts as a final rule, with some changes, proposed amendments to the Customs and Border Protection (``CBP'') Regulations concerning the North American Free Trade Agreement (``the NAFTA''). The regulatory changes interpret the term ``production'' to include disassembly and clarify that components recovered from the disassembly of used goods in a NAFTA country are entitled to NAFTA originating status when imported into the United States provided that the recovered components satisfy the applicable NAFTA rule of origin requirements.

The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations revising the BNG Fuel Solutions Corporation Ventilated Storage Cask (VSC-24) System listing within the ``List of approved spent fuel storage casks'' to include Amendment No. 5 to Certificate of Compliance Number (CoC No.) 1007. Amendment No. 5 would change the certificate holder's name from Pacific Sierra Nuclear Associates to BNG Fuel Solutions Corporation. No changes were required to be made to the VSC-24 Final Safety Analysis Report nor its Technical Specifications.

These special conditions are issued to Diamond Aircraft Industries GmbH, N.A. Otto-Strasse 5, A-2700 Wiener Neistadt, Austria; telephone: 43 2622 26 700; facsimile: 43 2622 26 780, as part of the FAA Type Validation of the Diamond Aircraft Industries Model DA-42. This airplane will have novel and unusual design features when compared to the state of technology envisaged in the applicable airworthiness standards. These novel and unusual design features include the installation of a Garmin Model G-1000 electronic flight instrument system (EFIS) display, and digital engine controls. The applicable regulations do not contain adequate or appropriate airworthiness 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 the airworthiness standards applicable to these airplanes.

This document amends the Federal motor vehicle safety standard on hydraulic and electric brake systems to extend the current minimum performance requirements and associated test procedures for parking brake systems to all multipurpose passenger vehicles (MPVs), buses and trucks with gross vehicle weight ratings (GVWR) greater than 10,000 pounds (4,536 kilograms) equipped with hydraulic or electric brake systems. Currently, the only vehicles with GVWRs greater than 10,000 pounds to which the standard's parking brake requirements apply are school buses. The agency concludes that it is in the interest of safety to require all MPVs, buses and trucks with GVWRs over 10,000 pounds to have parking brakes that meet the performance requirements currently applicable to heavy school buses.

FRA is issuing revisions to the regulations governing locomotive event recorders to improve the crashworthiness of railroad locomotive event recorders and to enhance the quality of information available for post-accident investigations. FRA is amending its existing regulations in four major ways: By requiring that a new locomotive have an event recorder with a ``hardened'' memory module, proven by a requirement that the memory module preserve stored data throughout a sequence of prescribed tests; by requiring that this event recorder on a new locomotive collect certain additional types of information; by simplifying standards for inspecting, testing, and maintaining all event recorders; and by requiring the phasing out, over a four-year period, of event recorders on existing locomotives that use magnetic tape as a data storage medium and their replacement with event recorders with a certified survivable version of its previous event recorder. FRA is also revising the definitions contained in the existing regulation to remove the letter designations so that the defined terms are simply presented in alphabetical order.