January 4, 2006 – Federal Register Recent Federal Regulation Documents

This document dismisses at the request of Petitioner Northern Paul Bunyan Radio Company its pending petitions for rulemaking to allot Channel 227A at Presque Isle, Michigan in MB Docket No. 02-106, RM- 10416 and to allot Channel 226A at Harrisville, Michigan in MB Docket No. 02-108, RM-10418. See 67 FR 39933, published June 11, 2002. This document also dismisses a counterproposal filed by Northern Michigan Radio, Inc. which proposes inter alia to reallot Channel 223C1 from Atlanta, Michigan to Vanderbilt, Michigan, and conflicts with both the proposals for Presque Isle and Harrisville. The counterproposal is defective because it proposes to allot Channel 282C3 at Atlanta, Michigan as a ``backfill'' replacement for the loss of the community's sole local transmission service. This document therefore terminates the proceedings in MB Docket Nos. 02-106 and 02-108.

This document revises an earlier proposed airworthiness directive (AD), applicable to Boeing Model 747-400, 777-200, and 777- 300 series airplanes, that would have required an inspection of the flight deck humidifier to determine certain part numbers. That proposed AD also would have required, for certain airplanes, replacing the cell stack of the flight deck humidifier with a supplier-tested cell stack, or replacing the cell stack with a blanking plate and subsequently deactivating the flight deck humidifier, if necessary. For other airplanes, that proposed AD would have required replacing the cell stack with a supplier-tested cell stack, or replacing the cell stack with a blanking plate and subsequently deactivating the humidifier system, if necessary. The proposed AD also would have allowed blanking plates to be replaced with cell stacks. This new action revises the proposed rule by adding airplanes to the applicability, requiring an inspection of the flight deck humidifier to determine certain part numbers on certain airplanes, and requiring replacement of the cell stack on certain other airplanes. The actions specified by this new proposed AD are intended to prevent an increased pressure drop across the humidifier and consequent reduced airflow to the flight deck, which could result in the inability to clear any smoke that might appear in the flight deck. This action is intended to address the identified unsafe condition.

The FAA proposes to adopt a new airworthiness directive (AD) for all EMBRAER Model ERJ 170 airplanes. This proposed AD would require revising the Airworthiness Limitations section (ALS) of the airplane maintenance manual (AMM) to include new, specific maintenance tasks related to the incorporation of a new horizontal stabilizer actuator. This proposed AD also would require revising the ALS of the AMM to include revised repetitive inspection intervals for certain tasks in the maintenance plan related to the aileron and flap/slat flight controls system. This proposed AD results from safety assessments of the aileron and flap/slat flight controls system, conducted after the type certification of the airplane, which showed that some dormant faults did not comply with the safety assessment criteria. We are proposing this AD to prevent failure of the aileron and flap/slat controls system, which could result in reduced controllability of the airplane.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Fokker Model F.28 Mark 0070 and 0100 airplanes. This proposed AD would require an inspection of the main landing gear (MLG) main fitting for cracks, and repair if necessary. This proposed AD would also require installing a placard and revising the airplane flight manual to include procedures to prohibit the application of brakes during backward movement of the airplane. This proposed AD results from a report that an MLG main fitting failed on an airplane that was braking while moving backward. We are proposing this AD to detect and correct cracks in the MLG main fitting, which could result in reduced structural integrity of the MLG main fitting.

The Cost Accounting Standards (CAS) Board is proposing to revise the CAS by providing an exemption for time-and-materials (T&M) and labor-hour (LH) contracts for the acquisition of commercial items.

EPA is finalizing approval of a revision to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). This revision was proposed in the Federal Register on June 14, 2005 and concerns particulate matter (PM) and ammonia emissions from fluid catalytic cracking units (FCCUs) at oil refineries. We are approving a local rule that regulates these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

This final rule amends FAA regulations dealing with recording of maintenance data for large, transport category, propeller-driven aircraft. It changes the requirement for recording engine and propeller ``total time in service'' for certain aircraft operated under part 121. These relieving changes are necessary to correct an oversight in the rule when it was originally drafted in 1996. The amendment removes the requirement to record total time in service for engines and propellers installed on certain aircraft certificated for cargo operations. We are also amending sections of parts 21 and 135 to correct several outdated references to sections previously deleted in parts 121 and 135.

The Financial Crimes Enforcement Network is issuing this final rule to implement the requirements contained in section 312 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001 (the Act). Section 312 requires U.S. financial institutions to establish due diligence policies, procedures, and controls reasonably designed to detect and report money laundering through correspondent accounts and private banking accounts that U.S. financial institutions establish or maintain for non-U.S. persons. This final rule supercedes an interim final rule we issued on July 23, 2002. The interim final rule temporarily deferred application of the requirements contained in section 312 for certain financial institutions and provided guidance, pending issuance of a final rule, to those financial institutions for which compliance with section 312 was not deferred. We are publishing elsewhere in this separate part of the Federal Register a Notice of Proposed Rulemaking implementing section 312, and focusing exclusively on enhanced due diligence requirements.

The Audio Division, at the request of Victoria RadioWorks, Ltd., substitutes Channel 265C3 for Channel 265A at Victoria, Texas and modifies Station KEPG(FM)'s license accordingly. To accommodate the upgrade, we also delete vacant Channel 265A at George West, Texas. The construction permit for the George West allotment expired in 2000. See 68 FR 15142, published March 28, 2003. Channel 265C3 can be allotted to Victoria in compliance with the Commission's minimum distance separation requirements, provided there is a site restriction of 7.1 kilometers (4.4 miles) southwest of the community at coordinates 28-46- 40 North Latitude and 97-04-10 West Longitude. In addition, the Audio Division at the request of M.C. Vargas dismisses his counterproposal to allot Channel 265A at Three Rivers, Texas.

This document grants a proposal filed by Cox Radio, Inc. and its wholly owned subsidiary, CXR Holdings, Inc. and Davis Broadcasting, Inc. of Columbus. See 68 FR 62554, November 5, 2003. Specifically, this document substitutes Channel 239A for Channel 239C3 at Greenville, Georgia, reallots Channel 239A to Waverly Hall, Georgia, and modifies the Station WKZJ license to specify operation on Channel 239A at Waverly Hall. To replace the loss of the sole local service at Greenville, this document reallots Channel 281C1 from LaGrange, Georgia, and modifies the license of Station WALR-FM to specify Greenville as the community of license. The reference coordinates for the Channel 239A allotment at Waverly Hall, Georgia, are 32-33-58 and 84-41-03. The reference coordinates for the Channel 281C1 allotment at Greenville, Georgia, are 33-24-24 and 84-50-03. With this action, the proceeding is terminated.

In response to a Notice of Proposed Rule Making, 70 FR 48361 (August 17, 2005), this document reallots Channel 231C3 from St. Augustine, Florida to Fruit Cove, Florida, and modifies the license of Station WSOS-FM, accordingly. The coordinates for Channel 231C3 at Fruit Cove are 30-01-27 North Latitude and 81-36-19 West Longitude, with a site restriction of 10.2 kilometers (6.4 miles) south of the community.

This interim final rule raises the value limit of timber that can be granted by line officers to individuals for use free of charge. Current regulations limit the value of free use timber that a designated forest officer can grant to an individual in a fiscal year to $20. Forest Supervisors are limited to $100 per year per individual and Regional Foresters are limited to $5,000 per year per individual. Free use exceeding $5,000 must be reviewed by the Chief of the Forest Service. The ability of the Forest Service to respond to legitimate requests for free use have been restricted by these limits as timber values have increased over the years. The Forest Service is raising the limits to $200 for forest officers, $5,000 for Forest Supervisors, and $10,000 for Regional Foresters. Any request for free use in excess of $10,000 in value would still require review by the Chief of the Forest Service. No other changes to the regulations concerning free use of timber are being proposed.

The Environmental Protection Agency (EPA) is promulgating today's final rule, the Stage 2 Disinfectants and Disinfection Byproducts Rule (DBPR), to provide for increased protection against the potential risks for cancer and reproductive and developmental health effects associated with disinfection byproducts (DBPs). The final Stage 2 DBPR contains maximum contaminant level goals for chloroform, monochloroacetic acid and trichloroacetic acid; National Primary Drinking Water Regulations, which consist of maximum contaminant levels (MCLs) and monitoring, reporting, and public notification requirements for total trihalomethanes (TTHM) and haloacetic acids (HAA5); and revisions to the reduced monitoring requirements for bromate. This document also specifies the best available technologies for the final MCLs. EPA is also approving additional analytical methods for the determination of disinfectants and DBPs in drinking water. EPA believes the Stage 2 DBPR will reduce the potential risks of cancer and reproductive and developmental health effects associated with DBPs by reducing peak and average levels of DBPs in drinking water supplies. The Stage 2 DBPR applies to public water systems (PWSs) that are community water systems (CWSs) or nontransient noncommunity water systems (NTNCWs) that add a primary or residual disinfectant other than ultraviolet light or deliver water that has been treated with a primary or residual disinfectant other than ultraviolet light. This rule also makes minor corrections to drinking water regulations, specifically the Public Notification tables. New endnotes were added to these tables in recent rulemakings; however, the corresponding footnote numbering in the tables was not changed. In addition, this rule makes a minor correction to the Stage 1 Disinfectants and Disinfection Byproducts Rule by replacing a sentence that was inadvertently removed.

The FAA is correcting a typographical error in an existing airworthiness directive (AD) that was published in the Federal Register on December 5, 2005 (70 FR 72366). The error resulted in an incorrect telephone number for the FAA's point of contact. This AD applies to all EMBRAER Model EMB-120, -120ER, -120FC, -120QC, and -120RT airplanes. This AD requires modifying electrical harnesses located at the left- and right-hand wing roots, and re-routing and modifying the harness of the right-hand outboard flap actuator.

The Securities and Exchange Commission published a document in the Federal Register on June 29, 2005 (70 FR 37496) adopting rules under Regulation NMS, including the redesignation of the national market system rules previously adopted under section 11A of the Securities Exchange Act of 1934 (``Exchange Act''), and two amendments to the joint industry plans for disseminating market information. In that document, two paragraphs from Rule 11Aa3-2 under the Exchange Act were inadvertently omitted from their redesignation into Regulation NMS. This document corrects that omission by adding paragraphs (a)(8)(i) and (a)(8)(ii) to Rule 608 of Regulation NMS.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the northern Mexican gartersnake, Thamnophis eques megalops, as threatened or endangered with critical habitat under the Endangered Species Act of 1973, as amended (Act). The petitioners provided three listing scenarios for consideration by the Service: (1) Listing the United States population as a Distinct Population Segment (DPS); (2) listing the species throughout its range in the United States and Mexico based on its range-wide status; or (3) listing the species throughout its range in the U.S. and Mexico based on its status in the United States. We find the petition has presented substantial information that the northern Mexican gartersnake is a listable entity, and we find that the petition presents substantial scientific and commercial data indicating that listing may be warranted. Therefore, we are initiating a status review to determine if listing this species is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial information regarding this species. Any determinations on critical habitat will be made if and when a listing action is initiated for this species.