January 2006 – Federal Register Recent Federal Regulation Documents

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.

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.

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.

This notice announces a two-day session of the negotiated rulemaking committee that developed HUD's February 25, 2005, proposed rule for public comment to revise the Indian Housing Block Grant (IHBG) program allocation formula. Through the IHBG program, HUD makes assistance available to eligible Indian tribes for affordable housing activities. The public comment period on the proposed rule closed on April 26, 2005. The purpose of the two-day session is to provide the negotiated rulemaking committee members with the opportunity to review and consider responses to the public comments received on the February 25, 2005, proposed rule.

The Coast Guard will hold a public meeting to provide a forum for citizens to provide oral comments relating to the drawbridge operation regulations for the Dominion Boulevard (US 17) Bridge; Atlantic Intracoastal Waterway, South Branch of the Elizabeth River, Chesapeake, VA. The meeting will be open to the public.

This action establishes Restricted Area 2507E (R-2507E), Chocolate Mountains, CA, as part of a U.S Marine Corps (USMC) training initiative. The USMC requested the establishment of this airspace to support its Close Air Support Mission (CAS) within the Chocolate Mountains Range. The new restricted airspace will be used to conduct realistic aircrew training and to maintain the level of proficiency in modern tactics that is required for combat readiness.

The Coast Guard is reopening the period for public comment concerning drawbridge operation regulations; Atlantic Intracoastal Waterway, South Branch of the Elizabeth River, Chesapeake, VA, because the Dominion Boulevard (U.S. 17) Bridge is utilized frequently and members of the public have communicated to the Coast Guard that they would like to make additional comments.

The Pension Benefit Guaranty Corporation published in the Federal Register of December 15, 2005, a final rule amending its regulation on Allocation of Assets in Single-Employer Plans to adopt interest assumptions for plans with valuation dates in January 2006. This document corrects an inadvertent error in that final rule.

The Food Safety and Inspection Service (FSIS) is changing the fees that it charges meat and poultry establishments, egg products plants, importers, and exporters for providing voluntary inspection, identification, and certification services; overtime and holiday inspection services; and laboratory services. The Agency is raising these fees to reflect, among other factors, national and locality pay increases for Federal employees and inflation. In the past, FSIS has amended its regulations on an annual basis. With this regulation, FSIS is providing for three annual fee increases. This will provide the meat, poultry, and egg industries with more timely cost information. The Agency is also increasing the annual fee for its Accredited Laboratory Program.

This rule amends the Department of Housing and Urban Development Acquisition Regulation (HUDAR) to implement miscellaneous changes. The changes include corrections to provisions and the removal of obsolete text and clauses. This final rule reflects organizational changes within HUD and is limited to provisions that involve internal agency procedures.

In an interim rule published in the Federal Register on December 21, 1998, the Federal Crop Insurance Corporation (FCIC) amended the General Administrative Regulations by adding a new subpart X to implement the statutory mandates of section 533 of the Agricultural Research, Extension, and Education Reform Act of 1998 (1998 Research Act). The rule provided procedures for responding to requests for final agency determinations regarding any provision of the Federal Crop Insurance Act (Act) or any regulation promulgated thereunder. The interim rule was made final on September 16, 1999. This correction is needed to correct the facsimile number and electronic mail address provided for requester submissions for final agency determinations.

We propose to revise the Department of Veterans Affairs (VA) Acquisition Regulation (VAAR). We have rewritten much of the VAAR to conform to plain language principles. We are changing many delegations of authority for the purpose of becoming more efficient. We are removing non-regulatory material. We are making changes in format, arrangement, and numbering to make the VAAR parallel to the Federal Acquisition Regulation (FAR) as required by the FAR. We are removing provisions that simply restate FAR provisions that are already applicable. This document also proposes to set forth or revise procedures for providing notice and hearing to resolve issues regarding possible violations of the Gratuities clause, establishing qualified products lists, suspending or debarring a contractor, for expediting payments to small businesses, and for reducing or suspending payments upon a finding of contract fraud. We propose to expand the coverage of the VAAR clause on Organizational Conflicts of Interest to cover a broader range of services that may be subject to organizational conflicts of interest. We propose to clarify the scope of certain regulations and to allow use of additional VAAR clauses in commercial item solicitations and contracts, to remove requirements for setting aside construction and architect-engineer solicitations for small businesses that are in conflict with current statute, to remove a requirement to conduct an audit of section 8(a) price proposals that is contrary to current FAR requirements, and to remove a VAAR provision that requested data from offerors on veteran-owned small businesses that has been replaced by a FAR provision. The rule would provide guidance to contracting officers on the types of data that should be requested from a contractor when evaluating the contractor's financial condition. The rule would require the use of the clause on Assignment of Claims in purchase orders, would provide guidance to contracting officers on the criteria for revising the payment due dates for invoices, and would require the use of Alternate I to the clause on Disputes.

We are revising the criteria in the Listing of Impairments (the listings) that we use to evaluate claims involving cardiovascular impairments. We apply these criteria when you claim benefits based on disability under title II and title XVI of the Social Security Act (the Act). The revisions reflect advances in medical knowledge, treatment, and methods of evaluating cardiovascular impairments.

EPA is proposing to approve revisions to the Wisconsin State Implementation Plan (SIP) submitted by the State of Wisconsin on December 8, 2005. Wisconsin has submitted for approval into its SIP a statutory provision designed to ensure the permanency of construction permit conditions. EPA is proposing to approve this revision because it is consistent with Federal regulations governing State permit programs. This revision also addresses one of the deficiencies identified in EPA's Notice of Deficiency (NOD), published in the Federal Register on March 4, 2004. (69 FR 10167.)

The Executive Director of the Federal Retirement Thrift Investment Board (Board) proposes to amend the Thrift Savings Plan's (TSP's) death benefit regulations to permit the TSP to rely on a participant's marital status as stated on a Federal income tax form when determining whether a deceased participant had a common law marriage.

The Food Safety and Inspection Service (FSIS) is proposing to adopt regulations governing the submission to FSIS of petitions for rulemaking. The Agency is proposing this action to supplement existing non-regulatory guidance on the submission of petitions to FSIS to consider requests to issue, amend, or repeal regulations administered by the Agency. FSIS expects that this proposed rule, if adopted, will help to ensure the filing of well-supported petitions that contain the information necessary to proceed with consideration of the requested rulemaking in a timely manner.

The FAA is adopting a new airworthiness directive (AD) for certain Honeywell International Inc., (formerly AlliedSignal, Inc., formerly Textron Lycoming, formerly Avco Lycoming) T53 turboshaft engines, installed on, but not limited to, Bell 204, Bell 205, Kaman K- 1200 series, Bell AH-1, and Bell UH-1 helicopters, certified under 14 CFR 21.25 or 14 CFR 21.27. This AD requires implementing reduced life limits for certain parts, using cycle counting methods, and using draw- down schedules to replace components that exceed the new limits. This AD results from the manufacturer informing us of test and analysis showing lower calculated service life limits for certain parts, than previously published. We are issuing this AD to prevent failure of certain compressor, gas producer, and power turbine rotating components, which could result in failure of the engine and possible damage to the helicopter.

NMFS announces that the Administrator, Northeast Region, NMFS (Regional Administrator) has determined that the quota for the tilefish Full-time Tier 1 permit category has been exceeded for fishing year (FY) 2005, requiring an adjustment of the Full-time Tier 1 permit category quota for FY 2006. This action complies with the Fishery Management Plan for the Tilefish Fishery (FMP) and is intended to continue the rebuilding program in the FMP by taking into account previous overages of the tilefish quota.

This final rule governs renewal of Section 8 project-based assistance contracts, except renewal as part of a restructuring plan (Restructuring Plan) in the Mark-to-Market program. Currently, contracts are being renewed under the authority of an interim rule that became effective October 11, 1998, and later statutory changes.

The Office of Foreign Assets Control (``OFAC'') of the U.S. Department of the Treasury is issuing this interim final rule, ``Economic Sanctions Enforcement Procedures for Banking Institutions,'' along with a request for comments. This interim final rule supercedes OFAC's proposed rule of January 29, 2003,\1\ to the extent that the proposed rule applies to ``banking institutions,'' as defined below. These administrative procedures are published as an appendix to the Reporting, Procedures and Penalties Regulations, 31 CFR Part 501.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule that modified the pack requirements prescribed under the Washington potato marketing order. The marketing order regulates the handling of Irish potatoes grown in Washington, and is administered locally by the State of Washington Potato Committee (Committee). This rule continues in effect the action that modified the pack requirements to allow handlers to ship U.S. No. 2 grade potatoes in cartons to better meet buyer needs. Prior to this action, only potatoes grading U.S. No. 1 or better, or potatoes failing to grade U.S. No. 1 only because of internal defects, were allowed to be shipped in cartons. The relaxation in pack requirements will help maximize producer returns.

This rule establishes final free and restricted percentages for domestic inshell hazelnuts for the 2005-2006 marketing year under the Federal marketing order for hazelnuts grown in Oregon and Washington. The final free and restricted percentages are 11.4388 and 88.5612 percent, respectively. The percentages allocate the quantity of domestically produced hazelnuts which may be marketed in the domestic inshell market (free) and the quantity of domestically produced hazelnuts that must be disposed of in outlets approved by the Board (restricted). Volume regulation is intended to stabilize the supply of domestic inshell hazelnuts to meet the limited domestic demand for such hazelnuts with the goal of providing producers with reasonable returns. This rule was recommended unanimously by the Hazelnut Marketing Board (Board), which is the agency responsible for local administration of the marketing order.

The FAA is adopting a new airworthiness directive (AD) for certain Gulfstream Aerospace LP Model Gulfstream 100 airplanes; and Model Astra SPX, and 1125 Westwind Astra airplanes. This AD requires a one-time inspection for discrepancies of the nose wheel steering assembly of the landing gear, installing a warning placard on each nose landing gear door, and corrective action if necessary. This AD results from reports of failure of the steering brackets of the nose wheel steering assembly, and in one incident, loss of steering control. We are issuing this AD to find and fix these discrepancies, which could result in loss of steering control and consequent reduced controllability of the airplane.