January 25, 2006 – Federal Register Recent Federal Regulation Documents

The FAA proposes to adopt a new airworthiness directive (AD) for all Mitsubishi Heavy Industries (MHI) MU-2B series airplanes. This proposed AD would require you to do the following: Remove and visually inspect the wing attach barrel nuts, bolts, and retainers for cracks, corrosion, and fractures; replace any cracked, corroded, or fractured parts; inspect reusable barrel nuts and bolts for deformation and irregularities in the threads; replace any deformed or irregular parts; and install new or reusable parts and torque to the correct value. This proposed AD results from a recent safety evaluation that used a data- driven approach to evaluate the design, operation, and maintenance of the MU-2B series airplanes in order to determine their safety and define what steps, if any, are necessary to ensure their safe operation. Part of that evaluation was the identification of unsafe conditions that exist or could develop on the affected type design airplanes. We are issuing this proposed AD to detect and correct cracks, corrosion, fractures, and incorrect torque values in the wing attach barrel nuts, which could result in failure of the wing barrel nuts and/or associated wing attachment hardware. This failure could lead to in-flight separation of the outer wing from the center wing section and result in loss of controlled flight.

This document corrects the ADDRESSES section of the proposed rule published in the Federal Register on January 13, 2006, regarding Voluntary Shell Egg, Poultry, and Rabbit Grading. This correction clarifies that comments may be submitted electronically to an e-mail address.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB- 120, -120ER, -120FC, -120QC, and -120RT airplanes. This proposed AD would require a one-time inspection of the interior of the internal elevator torque tube of each elevator control surface for oxidation and corrosion, and corrective actions. This proposed AD results from corrosion in torque tubes of the elevators found during scheduled maintenance. We are proposing this AD to detect and correct corrosion in the torque tubes of the elevators, which could lead to an unbalanced elevator and result in reduced controllability of the airplane.

The FAA proposes to adopt a new airworthiness directive (AD) for Rolls-Royce Corporation (formerly Allison Engine Company, Allison Gas Turbine Division, and Detroit Diesel Allison) (RRC) models 250-C30, 250-40, and 250-C47 series turboshaft engines. This proposed AD would add an additional life limit for third- and fourth-stage turbine wheels. This proposed AD results from analysis by RRC of failures of third- and fourth-stage turbine wheels. We are proposing this AD to prevent loss of power, possible engine shutdown, or uncontained failure.

On November 3, 2005, SBA published in the Federal Register a proposed rule which establishes procedures for Certified Development Companies (CDCs) that are eligible for, and that request, authority from SBA to handle liquidation and litigation of loans that are funded with the proceeds of debentures guaranteed by the SBA under the 504 business loan program, and rights of appeal from denied applications; provides for new liquidation and debt collection litigation procedures for authorized CDCs and for lenders participating in the 7(a) business loan program (Lenders); establishes procedures for, and restrictions on, the payment by SBA of legal fees and expenses to CDCs and Lenders; requires Lenders to complete all cost-effective debt recovery actions prior to requesting guaranty purchase by SBA; limits to 120 days the number of days of interest that SBA will pay Lenders on 7(a) loans that have gone into default; revises SBA regulations pertaining to loan servicing actions; states that for 7(a) loans approved after the effective date of the rule, a Lender's consent to SBA's sale of certain 7(a) loans after guaranty purchase is granted; and clarifies existing regulations regarding the applicability of SBA regulations and loan program requirements, and regarding SBA purchases of guaranties. The proposed rule provided a 60-day comment period closing on January 3, 2006. We are re-opening the comment period until February 24, 2006, because we have been informed that, given the time of year, the public needs more time to formulate comments.

On November 7, 2005 (70 FR 67598), the Nuclear Regulatory Commission (NRC) published for public comment a proposed rule amending its regulations to permit current power reactor licensees to implement a voluntary, risk-informed alternative to the current requirements for analyzing the performance of emergency core cooling systems during loss-of-coolant accidents. On December 6, 2005, the Nuclear Energy Institute (NEI) requested a 30 day extension to the comment period for the proposed rule. On December 20, 2005, the Westinghouse Owners Group submitted a letter endorsing the NEI extension request. The extension requests were based on the occurrence of two major holidays during the comment period which limited the time available to coordinate industry comments from owners groups, vendors, and licensees. The NRC is extending the comment period on the proposed rule by an additional 30 days from the original February 6, 2006 deadline until March 8, 2006. This comment period extension also applies to related public comments submitted on the NRC report on Seismic Considerations for the Transition Break Size (70 FR 75501).

The Audio Division, at the request of Linda Crawford, allots Channel 294A at Eden, Texas, as the community's second local FM service. Channel 294A can be allotted to Eden, Texas, in compliance with the Commission's minimum distance separation requirements with a site restriction of 11.4 kilometers (7.1 miles) southwest of Eden. The coordinates for Channel 294A at Eden, Texas, are 31-10-00 North Latitude and 99-57-01 West Longitude. Although Mexican concurrence has been requested, notification has not been received. If a construction permit for Channel 294A at Eden, Texas, is granted prior to receipt of formal concurrence by the Mexican government, the authorization will include the following condition: ``Operation with the facilities specified herein for Eden, Texas, is subject to modification, suspension, or termination without right to hearing, if found by the Commission to be necessary in order to conform to the Mexico-United States FM Broadcast Agreement, or if specifically objected to by the Government of Mexico.''

The Mine Safety and Health Administration is requesting data, comments, and other information on issues relevant to underground mine rescue equipment and technology. Over the last several years, improvements have been made to communication devices, sensors and other forms of technology in general industry. As such, continuous development and deployment of mine rescue equipment and technology are crucial to enhancing the effectiveness of mine rescue operations and improving miners' survivability in the event of a mine emergency. Responses to this request for information will assist the Agency in determining an appropriate course of action as necessary to improve mine rescue capabilities.

This document grants a Counterproposal filed by Cumulus Licensing LLC in response to the Notice of Proposed Rule Making in this proceeding. See 70 FR 8558, February 22, 2005. Specifically, the license of Station KBED, Channel 300C2, Oil City, Louisiana, is modified to specify operation on Channel 247C2 at Waskom, Texas. To accommodate this reallotment, this document makes four related channel substitutions. Channel 300C2 is substituted for vacant Channel 247C2 at Longview, Texas. The license of Station KTBQ, Channel 299C2, Nacogdoches, Texas, is modified to specify operation on Channel 299C3. The license of Station KDBH, Channel 247C3, Natchitoches, Louisiana, is modified to specify operation on Channel 248A. The license of Station KPCH, Channel 249C1, Dubach, Louisiana, is modified to specify operation on Channel 249C2. To replace the loss of the sole local service at Oil City, this document modifies the license of Station KRMD, Channel 266C, Shreveport, Louisiana, to specify Oil City as the community of license. The reference coordinates for the Channel 247C2 allotment at Waskom, Texas, are 32-29-36 and 93-45-55. The reference coordinates for the Channel 266C allotment at Oil City, Louisiana, are 32-40-08 and 93-52-45. The reference coordinates for the Channel 300C2 allotment at Longview, Texas, are 32-42-01 and 94-40-47. The reference coordinates for the Channel 299C3 allotment at Nacogdoches, Texas, are 31-38-09 and 94-38-50. The reference coordinates for the Channel 248A allotment at Natchitoches, Louisiana, are 31-46-09 and 93-01-38. The reference coordinates for the Channel 249C2 allotment at Dubach, Louisiana, are 32-40-09 and 92-37-58. With this action, the proceeding is terminated.

The National Credit Union Administration (NCUA) is modifying the eligibility criteria for its Regulatory Flexibility Program by reducing the minimum net worth, and extending the duration that it must be maintained, to qualify for the Program. Federally-insured credit unions that qualify are exempt in whole or in part from a series of regulatory restrictions and also are allowed to purchase and hold an expanded range of eligible obligations.

This document contains a correction to temporary regulations that were published in the Federal Register on Thursday, December 8, 2005 (70 FR 72908) that provide certain elections for taxpayers that continue to be subject to the PFIC excess distribution regime of section 1291 even though the foreign corporation in which they own stock is no longer treated as a PFIC under section 1297(a) or (e).

This document corrects final regulations (TD 9233) that were published in the Federal Register on December 15, 2005 (70 FR 74198). The final regulations provide 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).

EPA is approving a May 20, 2005, final request to redesignate the Christian County, Kentucky, portion of the Clarksville-Hopkinsville 8-hour ozone nonattainment area to attainment for the 8-hour ozone National Ambient Air Quality Standard (NAAQS), and a Kentucky State Implementation Plan (SIP) revision containing a 12-year maintenance plan for Christian County, Kentucky. EPA is also providing information on the status of the Agency's transportation conformity adequacy determination for the new motor vehicle emissions budgets (MVEBs) for the years 2004 and 2016 that are contained in the 12-year 8-hour ozone maintenance plan for Christian County, Kentucky. EPA is approving such MVEBs in this action. This final rule addresses comments made on EPA's proposed rulemaking previously published for this action.

This document denies a Petition for Reconsideration filed by Augusta/Bracken Broadcasting directed at the staff's letter action dismissing the Petition for Rulemaking proposing the allotment of Channel 294A at Augusta, Kentucky, as the community's first local aural transmission service.

The Audio Division dismisses a petition for rulemaking filed by Charles Crawford proposing the allotment of Channel 261C3 at Quitaque, Texas, as potentially the community's second local FM transmission service. See 68 FR 47284, August 8, 2003. A showing of continuing interest is required before a channel will be allotted. It is the Commission's policy to refrain from making an allotment to a community absent an expression of interest. Therefore, we will dismiss the instant petition.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on two petitions to reclassify the Florida scrub-jay (Aphelocoma coerulescens) from threatened to endangered under the Endangered Species Act of 1973, as amended (Act). We find the petitions do not provide substantial scientific information indicating that reclassification of the Florida scrub-jay may be warranted. Therefore, we will not initiate a further status review in response to these petitions. However, the public may submit to us any new information that becomes available concerning the status of the species or threats to it at any time.