January 17, 2006 – Federal Register Recent Federal Regulation Documents

Fisheries Off West Coast States and in the Western Pacific; Coastal Pelagic Species Fisheries; Annual Specifications
Document Number: E6-419
Type: Proposed Rule
Date: 2006-01-17
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes a regulation to implement the annual harvest guideline for Pacific sardine in the U.S. exclusive economic zone off the Pacific coast for the fishing season of January 1, 2006, through December 31, 2006. This harvest guideline has been calculated according to the regulations implementing the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP) and establishes allowable harvest levels for Pacific sardine off the Pacific coast.
Airworthiness Directives; International Aero Engines AG (IAE) V2522-A5, V2524-A5, V2527-A5, V2527E-A5, V2527M-A5, V2530-A5, and V2533-A5 Turbofan Engines
Document Number: E6-379
Type: Proposed Rule
Date: 2006-01-17
Agency: Federal Aviation Administration, Department of Transportation
This notice revises an earlier proposed airworthiness directive (AD) that applies to certain IAE V2522-A5, V2524-A5, V2527- A5, V2527E-A5, V2527M-A5, V2530-A5, and V2533-A5 turbofan engines. That proposal would have required initial and repetitive inspections of the master magnetic chip detector (MCD) or the No. 1, 2, 3 bearing chamber MCD. That proposal would also have required replacing certain No. 3 bearings and replacing or recoating certain high pressure compressor (HPC) stubshaft assemblies as mandatory terminating actions to the repetitive MCD inspections. That proposal resulted from IAE developing a terminating action to the repetitive inspections of the chip detectors. This action revises the proposed rule by expanding its applicability to include additional serial-numbered engines with certain No. 3 bearings installed. We are proposing this AD to prevent failure of the No. 3 bearing, which could result in an in-flight shutdown (IFSD) and smoke in the cockpit and cabin.
Miscellaneous Changes to Collection Due Process Procedures Relating to Notice and Opportunity for Hearing Upon Filing of Notice of Federal Tax Lien; Hearing Cancellation
Document Number: E6-365
Type: Proposed Rule
Date: 2006-01-17
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document cancels a public hearing on proposed regulations relating to a taxpayer's right to a hearing under section 6320 of the Internal Revenue Code of 1986 after the filing of a notice of Federal tax lien (NFTL).
Institutional Review Boards: Requiring Sponsors and Investigators to Inform Institutional Review Boards of Any Prior Institutional Review Board Reviews; Withdrawal
Document Number: E6-357
Type: Proposed Rule
Date: 2006-01-17
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is announcing the withdrawal of an advance notice of proposed rulemaking (ANPRM) entitled ``Institutional Review Boards: Requiring Sponsors and Investigators to Inform IRBs of Any Prior IRB Reviews'' that published in the Federal Register of March 6, 2002 (67 FR 10115).
Guidance Under Subpart F Relating to Partnerships
Document Number: E6-356
Type: Proposed Rule
Date: 2006-01-17
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
In the Rule and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations that provide rules for determining whether a controlled foreign corporation's (CFC's) distributive share of partnership income is excluded from foreign personal holding company income under the exception contained in section 954(i). The regulations will affect CFCs that are qualified insurance companies, as defined in section 953(e)(3), that have an interest in a partnership and U.S. shareholders of such CFCs. The text of those temporary regulations also serves as the text of these proposed regulations.
Substitute for Return; Hearing
Document Number: E6-352
Type: Proposed Rule
Date: 2006-01-17
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document provides notice of public hearing on proposed regulations relating to the IRS preparing or executing returns for persons who fail to make required returns.
Medicare Program; Changes to the Hospital Outpatient Prospective Payment System and Calendar Year 2006 Payment Rates; Correction
Document Number: C5-24447
Type: Rule
Date: 2006-01-17
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
Emission Durability Procedures for New Light-Duty Vehicles, Light-Duty Trucks and Heavy-Duty Vehicles
Document Number: 06-74
Type: Rule
Date: 2006-01-17
Agency: Environmental Protection Agency
This final rulemaking contains procedures to be used by manufacturers of light-duty vehicles, light-duty trucks, and some heavy-duty vehicles to demonstrate, for purposes of emission certification, that new motor vehicles will comply with EPA emission standards throughout their useful lives. Today's action defines procedures to be used by manufacturers to demonstrate the expected rate of deterioration of the emission levels of their vehicles.
Component Durability Procedures for New Light-Duty Vehicles, Light-Duty Trucks and Heavy-Duty Vehicles
Document Number: 06-73
Type: Proposed Rule
Date: 2006-01-17
Agency: Environmental Protection Agency
On April 2, 2004 (69 FR 17531), EPA issued a notice of proposed rulemaking (NPRM) to propose procedures to be used by manufacturers of light-duty vehicles, light-duty trucks and heavy-duty vehicles to demonstrate, for purposes of emission certification, that new motor vehicles will comply with EPA emissions standards throughout their useful lives. The NPRM proposed emissions certification durability procedures to be used by manufacturers to demonstrate the expected rate of deterioration of the emission levels of their vehicles. The Agency received several comments concerning the component durability portion of the durability process. Options for addressing component durability were not discussed in the April 2004 proposal, and EPA believes it is appropriate to address component durability in a supplemental proposal. Therefore, EPA is issuing this action to request comments on three options for addressing component durability during the vehicle emissions certification process.
Application of Section 409A to Nonqualified Deferred Compensation Plans; Correction
Document Number: 06-395
Type: Proposed Rule
Date: 2006-01-17
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document corrects a notice of proposed rulemaking that was published in the Federal Register on Tuesday, October 4, 2005 (70 FR 57930), regarding the application of section 409A to nonqualified deferred compensation plans. The regulations affect service providers receiving amounts of deferred compensation, and the service recipients for whom the service providers provide services.
Delegation of New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants for States of Arizona, California, Hawaii, and Nevada
Document Number: 06-382
Type: Rule
Date: 2006-01-17
Agency: Environmental Protection Agency
EPA is finalizing updates for delegation of certain federal standards to state and local agencies in Region IX. This document is addressing general authorities mentioned in the regulations for New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants, updating the delegations tables and clarifying those authorities that are retained by EPA.
Delegation of New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants for the States of Arizona, California, Hawaii, and Nevada
Document Number: 06-381
Type: Proposed Rule
Date: 2006-01-17
Agency: Environmental Protection Agency
EPA is proposing to approve updates for delegation of certain federal standards to state and local agencies in Region IX for delegation of New Source Performance Standards (NSPS), and National Emission Standards for Hazardous Air Pollutants (NESHAPs). This document is addressing general authorities mentioned in the regulations for NSPS and NESHAPs, proposing to update the delegations tables and clarifying those authorities that are retained by EPA.
Elimination of Copayment for Smoking Cessation Counseling
Document Number: 06-373
Type: Rule
Date: 2006-01-17
Agency: Department of Veterans Affairs
This rule adopts as final, without change, the interim final rule published in the Federal Register (70 FR 22595) on May 2, 2005. The Department of Veterans Affairs (VA) is publishing this final rule to designate smoking cessation counseling (individual and group sessions) as a service that is not subject to copayment requirements.
Extension of Port Limits of Rockford, IL
Document Number: 06-359
Type: Rule
Date: 2006-01-17
Agency: Department of Homeland Security, Bureau of Customs and Border Protection, Customs and Border Protection Bureau
This rule amends the Department of Homeland Security regulations pertaining to the field organization of the Bureau of Customs and Border Protection by extending the geographical limits of the port of entry at Rockford, Illinois, to include the City of Rochelle, Illinois. The extension of the port is necessary to accommodate the Union Pacific Railroad Company's new intermodal facility in Rochelle. This change is part of the Bureau of Customs and Border Protection's continuing program to utilize more efficiently its personnel, facilities, and resources, and to provide better service to carriers, importers, and the general public.
Guidance Under Subpart F Relating to Partnerships
Document Number: 06-355
Type: Rule
Date: 2006-01-17
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final and temporary regulations providing guidance under subpart F relating to partnerships. The temporary regulations add rules for determining whether a controlled foreign corporation's (CFC's) distributive share of partnership income is excluded from foreign personal holding company income under the exception contained in section 954(i). These temporary regulations will affect CFCs that are qualified insurance companies, as defined in section 953(e)(3), that have an interest in a partnership and U.S. shareholders of such CFCs. The text of these temporary regulations also serves as the text of the proposed regulations set forth in the Proposed Rules section in this issue of the Federal Register.
Current Good Manufacturing Practice Regulation and Investigational New Drugs
Document Number: 06-353
Type: Rule
Date: 2006-01-17
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending its current good manufacturing practice (CGMP) regulations for human drugs, including biological products, to exempt most investigational ``Phase 1'' drugs from complying with the requirements in FDA's regulations. FDA will instead exercise oversight of production of these drugs under the agency's general statutory CGMP authority and investigational new drug application (IND) authority. In addition, FDA is making available simultaneously with the publication of this direct final rule, a guidance document setting forth recommendations on approaches to CGMP compliance for the exempted Phase 1 drugs. Elsewhere in this issue of the Federal Register, FDA is publishing a companion proposed rule, under FDA's usual procedure for notice-and- comment rulemaking, to provide a procedural framework to finalize the rule in the event the agency receives any significant adverse comments and withdraws this direct final rule. The companion proposed rule and direct final rule are substantively identical. Elsewhere in this issue of the Federal Register, FDA is announcing the availability of a draft guidance for industry entitled ``INDs Approaches to Complying With CGMP During Phase 1'' to provide further guidance on the subject.
Current Good Manufacturing Practice Regulation and Investigational New Drugs; Companion Document to Direct Final Rule
Document Number: 06-350
Type: Proposed Rule
Date: 2006-01-17
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is publishing this companion proposed rule to the direct final rule, published elsewhere in this issue of the Federal Register, which is intended to amend our current good manufacturing practice (CGMP) regulations for human drugs, including biological products, to exempt most investigational ``Phase 1'' drugs from complying with the regulatory requirements. We will instead exercise oversight of production of these drugs under the agency's general statutory CGMP authority and investigational new drug application (IND) authority. Elsewhere in this issue of the Federal Register, FDA is announcing the availability of a draft guidance for industry entitled ``INDsApproaches to Complying With CGMP During Phase 1'' to provide further guidance on the subject.
Airworthiness Directives; Airbus Model A300 B2 and B4 Series Airplanes
Document Number: 06-315
Type: Rule
Date: 2006-01-17
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for all Airbus Model A300 B2 and B4 series airplanes. This AD requires repetitive replacement of the angle of attack (AOA) sensors with new or overhauled AOA sensors. This AD also provides an optional terminating action for the repetitive replacements. This AD results from reports of several false stall warnings associated with stick-shaker activation, occurring during take-off. We are issuing this AD to prevent false stall warnings associated with stick-shaker activation, which could result in increased pilot workload as the pilot tries to determine the cause of the stall warning and possible reduction in the pilot's ability to control the airplane.
Accredited Laboratory Program
Document Number: 06-284
Type: Proposed Rule
Date: 2006-01-17
Agency: Department of Agriculture, Food Safety and Inspection Service
The Food Safety and Inspection Service (FSIS) is proposing to revise, edit, and consolidate provisions of the standards and procedures for the accreditation of non-Federal analytical chemistry laboratories. Laboratories in the Accredited Laboratory Program (ALP) are accredited to analyze official meat and poultry samples for specific chemical residues or classes of chemical residues, and moisture, protein, fat, and salt. In particular, FSIS is proposing to amend its current regulations regarding the accreditation of non- Federal analytical chemistry laboratories to accommodate the adoption of newer methods for analyzing chemical residues and to correct some data. In addition, FSIS is proposing to make editorial changes to its accredited laboratory regulations to reflect Agency reorganizations and program changes and to improve the clarity and consistency of application for all laboratories participating in the ALP. Finally, FSIS is proposing to consolidate the accredited laboratory regulations from 9 CFR Part 318.21 of the meat inspection regulations and 9 CFR Part 381.153 of the poultry products inspection regulations into a single new part, 9 CFR Part 439, that is applicable to both meat and poultry establishments. Along with the consolidation, redundancies within the regulations have been reduced, with the net result being a more succinct set of regulations.
Airworthiness Directives; Pacific Aerospace Corporation Ltd. Model 750XL Airplanes
Document Number: 06-260
Type: Rule
Date: 2006-01-17
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for all Pacific Aerospace Corporation (PAC) Ltd. Model 750XL airplanes. This AD contains the same information as emergency AD 2005-26-53 and publishes the action in the Federal Register. This AD requires you to insert text into the Limitations Section of the Airplane Flight Manual (AFM) that reduces the maximum takeoff weight from 7,500 pounds to 7,125 pounds. This AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for New Zealand. We are issuing this AD to reduce the maximum takeoff weight that will allow wing ultimate load requirements to be met. If wing ultimate load requirements are not met, wing failure could result and subsequent loss of control of the airplane.
Miscellaneous Changes to Trademark Trial and Appeal Board Rules
Document Number: 06-197
Type: Proposed Rule
Date: 2006-01-17
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) proposes to amend its rules to require plaintiffs in Trademark Trial and Appeal Board (Board) inter partes proceedings to serve on defendants their complaints or claims; to utilize in Board inter partes proceedings a modified form of the disclosure practices included in the Federal Rules of Civil Procedure; and to delete the option of making submissions to the Board in CD-ROM form. In addition, certain amendments clarify rules, conform the rules to current practice, and correct typographical errors or deviations from standard terminology.
Definition of Postal Service
Document Number: 06-180
Type: Rule
Date: 2006-01-17
Agency: Postal Rate Commission, Agencies and Commissions
This document addresses adding a definition of the term ``postal service'' to the rules of practice. This change is prompted by the Postal Service's action with respect to nonpostal initiatives. There is often controversy and uncertainty regarding the postal character of the services provided under those initiatives. The definition provides guidance to the Postal Service and the general public concerning services that are subject to sections 3622 and 3623 of the Postal Reorganization Act.
Revisions to Ambient Air Monitoring Regulations
Document Number: 06-179
Type: Proposed Rule
Date: 2006-01-17
Agency: Environmental Protection Agency
The EPA is proposing to revise the ambient air monitoring requirements for criteria pollutants. This proposal establishes ambient air monitoring requirements in support of the proposed revisions to the National Ambient Air Quality Standards (NAAQS) for particulate matter published elsewhere in today's Federal Register, including new minimum monitoring network requirements for PM10-2.5 and criteria for approval of Federal reference and equivalent methods for PM10-2.5 (to supplement the Federal reference method for PM10-2.5 proposed elsewhere in today's Federal Register). This proposal also requires each State to operate one to three monitoring stations that take an integrated, multipollutant approach to ambient air monitoring. The proposed amendments modify the requirements for ambient air monitors by focusing requirements on populated areas with air quality problems and significantly reducing the requirements for criteria pollutant monitors that have measured ambient air concentrations well below the applicable NAAQS. Other proposed amendments revise the requirements for reference and equivalent method determinations (including specifications and test procedures) for fine particulate monitors, monitoring network descriptions and periodic assessments, quality assurance, and data certification. The purpose of the proposed amendments is to enhance ambient air quality monitoring to better serve current and future air quality management and research needs.
National Ambient Air Quality Standards for Particulate Matter
Document Number: 06-177
Type: Proposed Rule
Date: 2006-01-17
Agency: Environmental Protection Agency
Based on its review of the air quality criteria and national ambient air quality standards (NAAQS) for particulate matter (PM), EPA proposes to make revisions to the primary and secondary NAAQS for PM to provide requisite protection of public health and welfare, respectively, and to make corresponding revisions in monitoring reference methods and data handling conventions for PM. With regard to primary standards for fine particles (particles generally less than or equal to 2.5 micrometers ([mu]m) in diameter, PM2.5), EPA proposes to revise the level of the 24-hour PM2.5 standard to 35 micrograms per cubic meter ([mu]g/ m3), providing increased protection against health effects associated with short-term exposure (including premature mortality and increased hospital admissions and emergency room visits) and to retain the level of the annual PM2.5 standard at 15 [mu]g/ m3, continuing protection against health effects associated with long-term exposure (including premature mortality and development of chronic respiratory disease). The EPA solicits comment on alternative levels of the 24-hour PM2.5 standard (down to 25 [mu]g/m3 and up to 65 [mu]g/m3) and the annual PM2.5 standard (down to 12 [mu]g/m3), and on alternative approaches for selecting the standard levels. With regard to primary standards for particles generally less than or equal to 10 [mu]m in diameter (PM10), EPA proposes to revise the 24-hour PM10 standard in part by establishing a new indicator for thoracic coarse particles (particles generally between 2.5 and 10 [mu]m in diameter, PM10-2.5), qualified so as to include any ambient mix of PM10-2.5 that is dominated by resuspended dust from high-density traffic on paved roads and PM generated by industrial sources and construction sources, and excludes any ambient mix of PM10-2.5 that is dominated by rural windblown dust and soils and PM generated by agricultural and mining sources. The EPA proposes to set the new PM10-2.5 standard at a level of 70 [mu]g/m3, continuing to provide a generally equivalent level of protection against health effects associated with short-term exposure (including hospital admissions for cardiopulmonary diseases, increased respiratory symptoms and possibly premature mortality). Also, EPA proposes to revoke, upon finalization of a primary 24-hour standard for PM10-2.5, the current 24- hour PM10 standard in all areas of the country except in areas where there is at least one monitor located in an urbanized area (as defined by the U.S. Bureau of the Census) with a minimum population of 100,000 that violates the current 24-hour PM10 standard based on the most recent three years of data. In addition, EPA proposes to revoke the current annual PM10 standard upon promulgation of this rule. The EPA solicits comment on alternative approaches for selecting the level of a 24-hour PM10-2.5 standard, on alternative approaches based on retaining the current 24-hour PM10 standard, and on revoking and not replacing the 24-hour PM10 standard. With regard to secondary PM standards, EPA proposes to revise the current standards by making them identical to the suite of proposed primary standards for fine and coarse particles, providing protection against PM-related public welfare effects including visibility impairment, effects on vegetation and ecosystems, and materials damage and soiling. Also, EPA solicits comment on adding a new sub-daily PM2.5 standard to address visibility impairment.
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