January 2006 – Federal Register Recent Federal Regulation Documents

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.

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.