January 24, 2006 – Federal Register Recent Federal Regulation Documents

On November 7, 2005 (70 FR 67380), the Nuclear Regulatory Commission (NRC) published for public comment a proposed rule consolidating the supplemental requirements established by the April 29, 2003, design basis threat (DBT) orders with the existing DBT requirements in 10 CFR 73.1(a). Specific details of the attributes of the DBT to be protected against, which include both safeguards information (SGI) and classified information, are consolidated in adversary characteristics documents (ACDs) and Regulatory Guides (RGs). The proposed rule would revise the DBT requirements both for radiological sabotage and for theft or diversion of Strategic Special Nuclear Material (SSNM). ACDs and RGs provide guidance to licensees concerning the DBT for radiological sabotage, theft and diversion. They contain the specific details of the attributes of the threat which licensees need to know in order to evaluate what is necessary to comply with the proposed rule. On December 21, 2005, the Nuclear Energy Institute (NEI) requested a 30 day extension to the public comment period. Their request was based on the fact that though the proposed rule was published on November 7, 2005, the RGs and the ACDs were not available at that time. NEI requested copies of these documents. The NRC staff agreed to provide these documents to the properly cleared individuals with a need to know, and NEI received the draft RGs and ACDs for power reactors on December 19, 2005. In view of the delay in providing the documents to the cleared personnel and in the interests of obtaining public comment from the broadest range of stakeholders, the comment period on the proposed rule is being extended for an additional 30 days from the original January 23, 2006, deadline to February 22, 2006.

This rule makes final the interim rule that amended the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 122 and 129) by increasing the registration fees, changing the registration renewal period, and making other minor administrative changes. Comments received on the interim rule are analyzed in the SUPPLEMENTARY INFORMATION section. No changes were made to the interim rule.

This action finalizes our approval of the State Implementation Plan (SIP) revisions submitted by the Oregon Department of Environmental Quality on January 3, 2005. EPA is approving the State of Oregon's second 10-year carbon monoxide (CO) maintenance plan for the Portland maintenance area. Specifically, EPA is approving the following: Oregon's demonstration that the Portland CO Attainment Area will maintain air quality standards for CO through the year 2017; a revised CO motor vehicle emissions budget for transportation conformity purposes using the MOBILE6.2 emissions model and latest growth and planning assumptions; and revised state implementation plan (SIP) control strategies and contingency measures.

EPA is taking direct final action approving State Implementation Plan (SIP) revisions submitted by the State of Montana on August 25, 2004. The revisions are to the Administrative Rules of Montana and correct internal references to state documents; correct references to, or update citations of, Federal documents; and make minor editorial changes. The intended effect of this action is to make federally enforceable those provisions that EPA is approving. This action is being taken under section 110 of the Clean Air Act.

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Governor of Colorado with a letter dated March 24, 2005. This revision updates the Long-Term Strategy of the Visibility SIP to establish strategies, activities, and monitoring plans that constitute reasonable progress toward the National visibility goal. In the ``Rules and Regulations'' section of this Federal Register, EPA is approving the State's SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial SIP revision and anticipates no adverse comments. A detailed rationale for the approval is set forth in the preamble to the direct final rule. If EPA receives no adverse comments, EPA will not take further action on this proposed rule. If EPA receives adverse comments, EPA will withdraw the direct final rule and it will not take effect. EPA will address 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 must do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment.

EPA is taking direct final action approving certain revisions to the State Implementation Plan (SIP) as submitted by the Governor of North Dakota with a letter dated April 11, 2003. The revisions affect certain portions of air pollution control rules regarding permitting. This action is being taken under section 110 of the Clean Air Act. EPA is also providing notice that on July 27, 2005, North Dakota was delegated authority to implement and enforce certain New Source Performance Standards, as of January 31, 2004.

The Environmental Protection Agency (EPA) is taking direct final action to approve the State of Maine's permit program for municipal solid waste landfills (MSWLFs) and to approve the State's approach of not allowing conditionally exempt small quantity generator (CESQG) hazardous waste to be sent to non-municipal, non-hazardous waste disposal units. Under the Resource Conservation Recovery Act (RCRA), as amended by the Hazardous and Solid Waste Amendments (HSWA), States may develop and implement permit programs for MSWLFs and for non-municipal, non-hazardous waste disposal units that receive CESQG hazardous waste, and submit them for review and an adequacy determination by EPA. Today's approval documents EPA's determination that Maine's MSWLF permit program, and the manner in which the State addresses CESQG hazardous waste with respect to non-municipal, non- hazardous waste disposal units, are adequate to ensure compliance with federal requirements.

This ANPR solicits comments on options to reform the USDA, CCC, Supplier Credit Guarantee Program (SCGP). The purpose of this ANPR is to invite suggestions on changes to reform the program to reduce the risk of default, improve the ability to effect a collection on defaulted obligations, and consider alternative program mechanisms and forms of payment obligations that are consistent with commercial export practices. The intent of this request is to seek comments on program reforms that would improve the SCGP's effectiveness and efficiency and lower costs.

This action modifies Class E airspace at Koyuk, AK to provide adequate controlled airspace to contain aircraft executing one new Standard Instrument Approach Procedure (SIAP) and two new SIAPs. This rule results in revised Class E airspace upward from 1,200 ft. above the surface at the Koyuk Alfred Adams Airport, Koyuk, AK.

These special conditions are issued for the Airbus A380-800 airplane. This airplane will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. Many of these novel or unusual design features are associated with the complex systems and the configuration of the airplane, including its full-length double deck. For these design features, the applicable airworthiness regulations do not contain adequate or appropriate safety standards regarding discrete gust requirements. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. Additional special conditions will be issued for other novel or unusual design features of the Airbus Model A380-800 airplane.

The Commander, Fifth Coast Guard District, has approved a temporary deviation from the regulations governing the operation of the Berkley Bridge, at mile 0.4, across the Eastern Branch of the Elizabeth River in Norfolk, Virginia. To facilitate electrical repairs, this deviation allows the drawbridge to remain closed-to-navigation from 7 a.m. on February 7, 2006, to 7 a.m. on February 8, 2006 and from 7 a.m. on February 14, 2006, to 7 a.m. on February 15, 2006.

The Food and Drug Administration (FDA) is amending its regulations governing the content and format of labeling for human prescription drug products (including biological products that are regulated as drugs). The final rule revises current regulations to require that the labeling of new and recently approved products include highlights of prescribing information and a table of contents. The final rule also reorders certain sections, requires minor content changes, and sets minimum graphical requirements. These revisions will make it easier for health care practitioners to access, read, and use information in prescription drug labeling. The revisions will enhance the safe and effective use of prescription drug products and reduce the number of adverse reactions resulting from medication errors due to misunderstood or incorrectly applied drug information. For both new and recently approved products and older products, the final rule requires that all FDA-approved patient labeling be reprinted with or accompany the labeling. The final rule also revises current regulations for prescription drug labeling of older products by clarifying certain requirements. These changes will make the labeling for older products more informative for health care practitioners.

The FAA is adopting a new airworthiness directive (AD) for certain Turbomeca Arriel 1B, 1D, 1D1, and 1S1 turboshaft engines. This AD requires initial and repetitive position checks of the gas generator 2nd stage turbine blades on all Turbomeca Arriel 1B, 1D, 1D1, and 1S1 turboshaft engines, and initial and repetitive replacements of 2nd stage turbines on 1B, 1D, and 1D1 engines only. This AD results from reports of the release of gas generator 2nd stage turbine blades while in service, with full containment of debris. We are issuing this AD to prevent inflight engine shutdown and subsequent forced autorotation landing or accident.