January 27, 2006 – Federal Register Recent Federal Regulation Documents

The Federal Energy Regulatory Commission (Commission) is proposing to amend its regulations governing small power production and cogeneration in response to section 1253 of the Energy Policy Act of 2005 (EPAct 2005), which added section 210(m) to the Public Utility Regulatory Policies Act of 1978 (PURPA). The Commission seeks public comment on the amended regulations proposed herein.

The Information Security Oversight Office (ISOO), National Archives and Records Administration (NARA), is publishing this Directive as a proposed rule and pursuant to section 102(b)(1) of Executive Order 12829, as amended, relating to the National Industrial Security Program. This order establishes a National Industrial Security Program (NISP) to safeguard Federal Government classified information that is released to contractors, licensees, and grantees of the United States Government. Redundant, overlapping, or unnecessary requirements impede those interests. Therefore, the NISP serves as the single, integrated, cohesive industrial security program to protect classified information and to preserve our Nation's economic and technological interests. This Directive sets forth guidance to agencies to set uniform standards throughout the NISP that promote these objectives.

In response to a Notice of Proposed Rule Making, 70 FR 7220 (February 11, 2005), this Report and Order upgrades Channel 279C3, Station WBNU(FM), Shallotte, North Carolina, to Channel 279C2, reallots Channel 279C2 to Wrightsville Beach, North Carolina, and modifies the license of Station WBNU(FM) accordingly. The coordinates for Channel 279C2 at Wrightsville Beach are 33-59-56 NL and 77-54-35 WL, with a site restriction of 25.4 kilometers (15.8 miles) southwest of Wrightsville Beach. The Report and Order also upgrades Channel 229A, Station WBNE(FM, Wrightsville Beach, to Channel 229C3, reallots Channel 229C3 to Topsail Beach and modifies the license of Station WBNE(FM) accordingly. The coordinates for Channel 229C3 at Topsail Beach are 34- 25-37 NL and 77-38-33 WL, with a site restriction of 7.0 kilometers (4.3 miles) north of Topsail Beach. In addition, the Report and Order downgrades Channel 280C3, Station WWTB(FM), Topsail Beach, North Carolina, to Channel 281A, reallots Channel 281A to Swansboro, North Carolina, and modifies the license of Station WWTB(FM) accordingly. The coordinates for Channel 281A at Swansboro are 34-42-41 NL and 77-16-07 WL, with a site restriction of 13.9 kilometers (8.7 miles) west of Swansboro. Lastly, the Report and Order upgrades Channel 284C3, Station WZUP(FM), La Grange, North Carolina, to Channel 284C2. The coordinates for Channel 284C2 at LaGrange are 35-07-39 NL and 77-42-59 WL, with a site restriction of 20.9 kilometers (13.0 miles) south of La Grange.

The Audio Division, at the request of Linda A. Davidson, allots Channel 267A at Barstow, California, as the community's third local FM transmission service. See 68 FR 42664, July 18, 2003. Channel 267A can be allotted to Barstow in compliance with the Commission's minimum distance separation requirements at city reference coordinates. The coordinates for Channel 267A at Barstow are 34-53-55 North Latitude and 117-01-19 West Longitude. Because Barstow is located within 320 kilometers (199 miles) of the U.S.-Mexican border, Mexican concurrence has been requested. However, concurrence of the Mexican government has not yet been received. If a construction permit for Channel 267A at Barstow is granted prior to the Commission's receipt of formal concurrence in the allotment by the Mexican Government, the construction permit will include the following condition: ``Use of this allotment is subject to suspension, modification, or termination without right to hearing, if found by the Commission to be necessary in order to conform to the 1992 USA-Mexico FM Broadcast Agreement or if specifically objected to by Mexico's Secretaria de Communicaciones Y Transportes.'' See Supplementary Information, infra.

This document grants a petition filed by Mitchell Beranek by allotting Channel 247A at Wheatland, Wyoming, as its fourth FM commercial broadcast service, which requires a site restriction of 2.3 kilometers (1.4 miles) north at reference coordinates 42-04-28 NL and 104-56-51 WL. See 70 FR 7219, published February 11, 2005. This document also grants a counterproposal filed jointly by Keyhole Broadcasting, LLC, licensee of Station KXXL(FM), Gillette, Wyoming and Mount Rushmore Broadcasting, Inc., licensee of Station KAWK(FM), Custer, South Dakota by allotting Channel 289C1 at Edgemont, South Dakota, as its first local service; substituting Channel 283C1 for vacant Channel 290C1 and Channel 228A for vacant Channel 283A at Upton, Wyoming; substituting Channel 291A for Channel 228A at Moorcroft, Wyoming and modifying the New Station authorization accordingly; substituting Channel 260C2 for Channel 280C2 at Gillette, Wyoming and modifying the FM Station KXXL license accordingly; substituting Channel 256A for vacant Channel 260A at Pine Haven, Wyoming; substituting Channel 299C for vacant Channel 288C at Wall, South Dakota and substituting Channel 298A for vacant Channel 289A at Wheatland, Wyoming. See SUPPLEMENTARY INFORMATION.

The FAA is adopting a new airworthiness directive (AD) for all Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 airplanes. This AD requires, when certain SmartProbes are installed, revising the Limitations section of the airplane flight manual to limit the maximum take-off weight of the airplane and increase the reference speed during certain landing conditions. This AD results from reports of variable calibration values of certain sensors of the SmartProbes, which could result in the transmission of erroneous information to the air data system. We are issuing this AD to prevent reduced controllability of the airplane.

EPA is taking direct final action to approve a revision to the New Mexico State Implementation Plan (SIP). This revision satisfies the New Source Review (NSR) and monitoring plan requirements for visibility, otherwise known as the ``Phase I, Part I Visibility SIP.'' In addition, this revision includes the implementation control strategies, integral vistas protection, and long term strategies, otherwise known as the ``Phase I, Part II Visibility SIP.'' Lastly, EPA is removing the SIP disapprovals associated Phase I, Parts I and II, and the resultant Federal Implementation Plans (FIPs).

Due to the receipt of an adverse comment, the EPA is removing the November 25, 2005 (70 FR 70999), direct final rule approving revisions to Indiana's sulfur dioxide (SO2) state implementation plan (SIP) for sources located in Dearborn County. These revisions to the SIP include: Revising SO2 emission limits for existing sources, making minor corrections by removing obsolete rule language, and updating information for sources listed in the rule. In the direct final rule, EPA stated that if adverse comments were submitted by December 27, 2005, the rule would be withdrawn and not take effect. On December 2, 2005, EPA received a comment. EPA believes this comment is adverse and, therefore, EPA is removing the direct final rule. EPA will address the comment in a subsequent final action based upon the proposed action also published on November 25, 2005 (70 FR 71071). EPA will not institute a second comment period on this action.

We are amending the regulations by revising the approved doses for irradiation treatment of imported fruits and vegetables. This rule will establish a new minimum generic dose of irradiation for most plant pests of the class Insecta, establish a new minimum generic dose for the fruit fly family, reduce the minimum dose of irradiation for some specific fruit fly species, add 10 pests to the list of pests for which irradiation is an approved treatment at less than the generic dose, and provide for the use of irradiation as a treatment for cut flowers and foliage. These actions will allow the use of irradiation to neutralize more pests and to neutralize some pests at lower doses. Furthermore, we are providing for the irradiation of fruits and vegetables moved interstate from Hawaii at the pest-specific irradiation doses that are now approved for imported fruits and vegetables. We are also providing for the use of irradiation to treat fruits and vegetables moved interstate from Puerto Rico and the U.S. Virgin Islands. These actions will allow irradiation to serve as an alternative to other approved treatments for additional commodities moved interstate from Hawaii, Puerto Rico, and the U.S. Virgin Islands. Finally, we are adding irradiation as a treatment for bananas from Hawaii and adding vapor- heat treatment as an optional treatment for sweetpotatoes from Hawaii. These actions will provide an alternative to the currently approved treatments for those commodities while continuing to provide protection against the spread of plant pests from Hawaii into the continental United States.

This amendment amends Standard Instrument Approach Procedures (SIAPs) for operations at certain airports. These regulatory actions are needed because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, addition of new obstacles, or changes in air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

This proposed rule would update the annual payment rates for the Medicare prospective payment system (PPS) for inpatient hospital services provided by long-term care hospitals (LTCHs). The proposed payment amounts and factors used to determine the updated Federal rates that are described in this proposed rule were determined based on the LTCH PPS rate year July 1, 2006 through June 30, 2007. The annual update of the long-term care diagnosis-related group (LTC-DRG) classifications and relative weights remains linked to the annual adjustments of the acute care hospital inpatient diagnosis-related group system, and would continue to be effective each October 1. The proposed outlier threshold for July 1, 2006, through June 30, 2007, would also be derived from the LTCH PPS rate year calculations. We are also proposing to make policy changes and clarifications.