January 2006 – Federal Register Recent Federal Regulation Documents

EPA is proposing to designate the use of the active ingredient, iodomethane as a non-food use pesticide when applied as a pre-plant soil fumigant for peppers, strawberries and tomatoes by adding an entry to 40 CFR 180.2020 noting the non-food use determination. This determination is based on the Agency's evaluation of data which indicates that residues of iodomethane (CH3I) are quickly degraded or metabolized into non-toxic degradates and subsequently incorporated into natural plant constituents. The effect of this proposed designation is that EPA does not require that a tolerance or exemption from tolerance under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, be established as a condition of registration of the pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 136 et. seq.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of an abbreviated new animal drug application (ANADA) filed by A & G Pharmaceuticals, Inc. The ANADA provides for the veterinary prescription use of phenylbutazone powder administered to horses in feed for the relief of inflammatory conditions associated with the musculoskeletal system.

Under Subtitle G (Market Transparency, Enforcement, and Consumer Protection), section 1289 (Merger Review Reform), of Title XII (Electricity Modernization Act of 2005), of the Energy Policy Act of 2005 (EPAct 2005), Public Law 109-58, 119 Stat. 594 (2005), the Federal Energy Regulatory Commission (Commission) amends 18 CFR 2.26 and 18 CFR part 33 to implement amended section 203 of the Federal Power Act (FPA).\1\

On November 13, 2003, EPA issued national emission standards for hazardous air pollutants (NESHAP) for surface coating of metal cans under section 112 of the Clean Air Act (CAA). This action proposes to amend the final rule to correct errors and clarify sections of the rule. In the Rules and Regulations section of this Federal Register, we are taking direct final action on the proposed amendments because we view the amendments as noncontroversial and anticipate no adverse comments. We have explained our reasons for the amendments in the preamble to the direct final rule. If we receive no adverse comments, the changes set forth in the direct final action will become effective and we will take no further action on the proposed amendments. If we receive adverse comment on one or more distinct amendments, we will publish a timely withdrawal in the Federal Register indicating which amendments in the direct final rule will become effective and which amendments are being withdrawn due to adverse comment. If part or all of the direct final rule in the Rules and Regulations section of today's Federal Register is withdrawn, all comments pertaining to the amendments will be addressed in a subsequent final rule based on these proposed amendments. We will not institute a second comment period on the subsequent final rule. Any parties interested in commenting must do so at this time.

In June 2003, NHTSA published a final rule establishing upgraded tire performance requirements for new tires for use on vehicles with a gross vehicle weight rating of 10,000 pounds or less. This document responds to petitions for reconsideration of that final rule. After carefully considering the petitions, the agency is modifying certain performance requirements to better address snow tires and certain specialty tires. Specifically, we are amending the performance requirements for snow tires used on light vehicles. Further, we decided that the safety performance of certain other specialty tires is better addressed through the requirements of a different Federal safety standard.

EPA is proposing to approve Michigan's request for a revision to its Clean Air Act State Implementation Plan which provides for exemptions for major sources of nitrogen oxides (NOX) from the Reasonably Available Control Technology (RACT) and New Source Review (NSR) requirements for NOX. The review is for sources in eleven counties located in six of Michigan's eight-hour ozone non- attainment areas. Section 182(f) of the Clean Air Act allows this exemption for areas where additional reductions in NOX will not contribute to attainment of the National Ambient Air Quality Standard (NAAQS) for ozone. We are proposing approval of the exemption for each of the six non-attainment areas.

This document makes a correction to the final rule published in the Federal Register on August 6, 1993 (58 FR 42165). That rule changed airframe and flight airworthiness standards for normal, utility, acrobatic and commuter category airplanes.

This notice proposes to amend Part 71 of the Federal Aviation Regulations (14 CFR Part 71) by establishing a Class E airspace area extending upward from 700 feet above the surface at David City Municipal Airport, NE.

EPA is determining that the Vigo County 8-hour ozone nonattainment area has attained the 8-hour ozone National Ambient Air Quality Standard (NAAQS). EPA is approving a request from the State of Indiana, submitted on July 5, 2005 and supplemented on October 20, 2005 and November 4, 2005, to redesignate Vigo County from nonattainment to attainment for the 8-hour ozone NAAQS. EPA's approval of the redesignation request is based on the determination that Vigo County and the State of Indiana have met the criteria for redesignation to attainment set forth in the Clean Air Act (CAA), including the determination that Vigo County has attained the 8-hour ozone standard. In conjunction with this approval, EPA is approving the State's plan for maintaining the 8-hour ozone NAAQS in Vigo County through 2015 as a revision to the Indiana State Implementation Plan (SIP). EPA also finds as adequate and approves the 2015 Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX) Motor Vehicle Emission Budgets (MVEBs) for this area.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on an interim rule amending the Federal Acquisition Regulation (FAR) to implement the increased thresholds for the World Trade Organization Government Procurement Agreement and Free Trade Agreements.

This document is issued under the joint authority of the Secretary of Defense, the Administrator of General Services and the Administrator for the National Aeronautics and Space Administration. This Small Entity Compliance Guide has been prepared in accordance with Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of rule appearing in Federal Acquisition Circular (FAC) 2005-08 which amends the FAR. An asterisk (*) next to a rule indicates that a regulatory flexibility analysis has been prepared. Interested parties may obtain further information regarding this rule by referring to FAC 2005-08 which precedes this document. These documents are also available via the Internet at http:/ /www.acqnet.gov/far.

EPA is promulgating National Primary Drinking Water Regulations that require the use of treatment techniques, along with monitoring, reporting, and public notification requirements, for all public water systems that use surface water sources. The purposes of the Long Term 2 Enhanced Surface Water Treatment Rule (LT2ESWTR) are to protect public health from illness due to Cryptosporidium and other microbial pathogens in drinking water and to address risk-risk trade- offs with the control of disinfection byproducts. Key provisions in the LT2ESWTR include the following: source water monitoring for Cryptosporidium, with a screening procedure to reduce monitoring costs for small systems; risk-targeted Cryptosporidium treatment by filtered systems with the highest source water Cryptosporidium levels; inactivation of Cryptosporidium by all unfiltered systems; criteria for the use of Cryptosporidium treatment and control processes; and covering or treating uncovered finished water storage facilities. EPA believes that implementation of the LT2ESWTR will significantly reduce levels of infectious Cryptosporidium in finished drinking water. This will substantially lower rates of endemic cryptosporidiosis, the illness caused by Cryptosporidium, which can be severe and sometimes fatal in sensitive subpopulations (e.g., infants, people with weakened immune systems). In addition, the treatment technique requirements of this regulation will increase protection against other microbial pathogens like Giardia lamblia.

A national public hearing is being held to consider and take evidence on a proposal seeking to amend the Class III and Class IV milk price formula manufacturing allowances applicable to all Federal milk marketing orders. Evidence also will be taken at the hearing to determine whether emergency marketing conditions exist that would warrant omission of a recommended decision under the rules of practice and procedure (7 CFR 900.12(d)).

This document dismisses at the request of Petitioner Northern Paul Bunyan Radio Company its pending petitions for rulemaking to allot Channel 227A at Presque Isle, Michigan in MB Docket No. 02-106, RM- 10416 and to allot Channel 226A at Harrisville, Michigan in MB Docket No. 02-108, RM-10418. See 67 FR 39933, published June 11, 2002. This document also dismisses a counterproposal filed by Northern Michigan Radio, Inc. which proposes inter alia to reallot Channel 223C1 from Atlanta, Michigan to Vanderbilt, Michigan, and conflicts with both the proposals for Presque Isle and Harrisville. The counterproposal is defective because it proposes to allot Channel 282C3 at Atlanta, Michigan as a ``backfill'' replacement for the loss of the community's sole local transmission service. This document therefore terminates the proceedings in MB Docket Nos. 02-106 and 02-108.

This document revises an earlier proposed airworthiness directive (AD), applicable to Boeing Model 747-400, 777-200, and 777- 300 series airplanes, that would have required an inspection of the flight deck humidifier to determine certain part numbers. That proposed AD also would have required, for certain airplanes, replacing the cell stack of the flight deck humidifier with a supplier-tested cell stack, or replacing the cell stack with a blanking plate and subsequently deactivating the flight deck humidifier, if necessary. For other airplanes, that proposed AD would have required replacing the cell stack with a supplier-tested cell stack, or replacing the cell stack with a blanking plate and subsequently deactivating the humidifier system, if necessary. The proposed AD also would have allowed blanking plates to be replaced with cell stacks. This new action revises the proposed rule by adding airplanes to the applicability, requiring an inspection of the flight deck humidifier to determine certain part numbers on certain airplanes, and requiring replacement of the cell stack on certain other airplanes. The actions specified by this new proposed AD are intended to prevent an increased pressure drop across the humidifier and consequent reduced airflow to the flight deck, which could result in the inability to clear any smoke that might appear in the flight deck. This action is intended to address the identified unsafe condition.

The FAA proposes to adopt a new airworthiness directive (AD) for all EMBRAER Model ERJ 170 airplanes. This proposed AD would require revising the Airworthiness Limitations section (ALS) of the airplane maintenance manual (AMM) to include new, specific maintenance tasks related to the incorporation of a new horizontal stabilizer actuator. This proposed AD also would require revising the ALS of the AMM to include revised repetitive inspection intervals for certain tasks in the maintenance plan related to the aileron and flap/slat flight controls system. This proposed AD results from safety assessments of the aileron and flap/slat flight controls system, conducted after the type certification of the airplane, which showed that some dormant faults did not comply with the safety assessment criteria. We are proposing this AD to prevent failure of the aileron and flap/slat controls system, which could result in reduced controllability of the airplane.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Fokker Model F.28 Mark 0070 and 0100 airplanes. This proposed AD would require an inspection of the main landing gear (MLG) main fitting for cracks, and repair if necessary. This proposed AD would also require installing a placard and revising the airplane flight manual to include procedures to prohibit the application of brakes during backward movement of the airplane. This proposed AD results from a report that an MLG main fitting failed on an airplane that was braking while moving backward. We are proposing this AD to detect and correct cracks in the MLG main fitting, which could result in reduced structural integrity of the MLG main fitting.

The Cost Accounting Standards (CAS) Board is proposing to revise the CAS by providing an exemption for time-and-materials (T&M) and labor-hour (LH) contracts for the acquisition of commercial items.

EPA is finalizing approval of a revision to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). This revision was proposed in the Federal Register on June 14, 2005 and concerns particulate matter (PM) and ammonia emissions from fluid catalytic cracking units (FCCUs) at oil refineries. We are approving a local rule that regulates these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

This final rule amends FAA regulations dealing with recording of maintenance data for large, transport category, propeller-driven aircraft. It changes the requirement for recording engine and propeller ``total time in service'' for certain aircraft operated under part 121. These relieving changes are necessary to correct an oversight in the rule when it was originally drafted in 1996. The amendment removes the requirement to record total time in service for engines and propellers installed on certain aircraft certificated for cargo operations. We are also amending sections of parts 21 and 135 to correct several outdated references to sections previously deleted in parts 121 and 135.

The Financial Crimes Enforcement Network is issuing this final rule to implement the requirements contained in section 312 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001 (the Act). Section 312 requires U.S. financial institutions to establish due diligence policies, procedures, and controls reasonably designed to detect and report money laundering through correspondent accounts and private banking accounts that U.S. financial institutions establish or maintain for non-U.S. persons. This final rule supercedes an interim final rule we issued on July 23, 2002. The interim final rule temporarily deferred application of the requirements contained in section 312 for certain financial institutions and provided guidance, pending issuance of a final rule, to those financial institutions for which compliance with section 312 was not deferred. We are publishing elsewhere in this separate part of the Federal Register a Notice of Proposed Rulemaking implementing section 312, and focusing exclusively on enhanced due diligence requirements.

The Audio Division, at the request of Victoria RadioWorks, Ltd., substitutes Channel 265C3 for Channel 265A at Victoria, Texas and modifies Station KEPG(FM)'s license accordingly. To accommodate the upgrade, we also delete vacant Channel 265A at George West, Texas. The construction permit for the George West allotment expired in 2000. See 68 FR 15142, published March 28, 2003. Channel 265C3 can be allotted to Victoria in compliance with the Commission's minimum distance separation requirements, provided there is a site restriction of 7.1 kilometers (4.4 miles) southwest of the community at coordinates 28-46- 40 North Latitude and 97-04-10 West Longitude. In addition, the Audio Division at the request of M.C. Vargas dismisses his counterproposal to allot Channel 265A at Three Rivers, Texas.

This document grants a proposal filed by Cox Radio, Inc. and its wholly owned subsidiary, CXR Holdings, Inc. and Davis Broadcasting, Inc. of Columbus. See 68 FR 62554, November 5, 2003. Specifically, this document substitutes Channel 239A for Channel 239C3 at Greenville, Georgia, reallots Channel 239A to Waverly Hall, Georgia, and modifies the Station WKZJ license to specify operation on Channel 239A at Waverly Hall. To replace the loss of the sole local service at Greenville, this document reallots Channel 281C1 from LaGrange, Georgia, and modifies the license of Station WALR-FM to specify Greenville as the community of license. The reference coordinates for the Channel 239A allotment at Waverly Hall, Georgia, are 32-33-58 and 84-41-03. The reference coordinates for the Channel 281C1 allotment at Greenville, Georgia, are 33-24-24 and 84-50-03. With this action, the proceeding is terminated.

In response to a Notice of Proposed Rule Making, 70 FR 48361 (August 17, 2005), this document reallots Channel 231C3 from St. Augustine, Florida to Fruit Cove, Florida, and modifies the license of Station WSOS-FM, accordingly. The coordinates for Channel 231C3 at Fruit Cove are 30-01-27 North Latitude and 81-36-19 West Longitude, with a site restriction of 10.2 kilometers (6.4 miles) south of the community.