February 1, 2006 – Federal Register Recent Federal Regulation Documents

Telecommunications Relay Services and Speech-to-Speech Services for Individuals With Hearing and Speech Disabilities; Access to Emergency Services
Document Number: E6-1368
Type: Proposed Rule
Date: 2006-02-01
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission seeks comment on whether it should adopt rules requiring Video Relay Service (VRS) and Internet- Protocol (IP) Relay providers to adopt a means to ensure that, when the provider receives emergency calls made via these services, the provider can make an outbound call to the appropriate Public Safety Answering Point (PSAP). More specifically, the Commission seeks comment on whether it should adopt a registration process whereby VRS and IP Relay service providers are required to establish, in advance, the primary location from which the VRS and IP Relay service providers will be making calls, so the provider can identify the appropriate PSAP to contact.
Approval and Promulgation of Implementation Plans: Minnesota: Alternative Public Participation Process
Document Number: E6-1367
Type: Proposed Rule
Date: 2006-02-01
Agency: Environmental Protection Agency
EPA is soliciting comment on the Minnesota Pollution Control Agency's (MPCA's) use of informing the public of upcoming rulemakings and public hearings via the internet as opposed to the past practice of using the newspaper or some other widely accessible printed media. Comments received may impact EPA's approval of the following requests made by the MPCA. The EPA is proposing to approve a revision to the Minnesota State Implementation Plan (SIP) that will establish, pursuant to regulations on public hearings, an alternative public participation process for certain SIP revisions. On December 7, 2005, the Minnesota Pollution Control Agency (MPCA) submitted a request to change certain procedures involving the public hearing and notification process as it applies to SIPs. Minnesota held a public hearing on this SIP revision request on November 17, 2005. In its request, the MPCA has identified a number of types of SIP revisions that are noncontroversial and for which the public has historically shown little or no interest. For this limited number of SIP revisions, the MPCA would, if approved, offer the opportunity for a public hearing, but would not hold a hearing if one was not requested. The EPA agrees that the SIP types that have been identified by the MPCA have historically been noncontroversial and that offering the public the opportunity to request a public hearing rather than holding one automatically does not limit or curtail the public participation process. Also, EPA is proposing to approve, pursuant to regulations on public hearings, a revision to the Minnesota SIP that provides that SIP revisions for which a public hearing was held at the time of the MPCA rulemaking, and where such public hearing met all the criteria necessary for a SIP public hearing, including, as discussed in this proposal, effective electronic notice, and the public was notified that the rule would be submitted as a SIP revision, no separate public hearing for SIP purposes would be held. MPCA included this revision to the Minnesota SIP in its December 7, 2005 request to EPA to revise certain provisions involving the SIP public hearing and notification process, and, correspondingly, included this revision in the public hearing which MPCA held on November 17, 2005. EPA agrees that a public hearing held at the time of the MPCA rulemaking, which meets the criteria for a SIP public hearing, including notice requirements, precludes the need for a separate public hearing for SIP purposes.
Distribution of Blood Derivatives by Registered Blood Establishments that Qualify as Health Care Entities; Prescription Drug Marketing Act of 1987; Prescription Drug Amendments of 1992; Policies, Requirements and Administrative Procedures
Document Number: E6-1225
Type: Proposed Rule
Date: 2006-02-01
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) proposes to amend the regulations to allow certain registered blood establishments that qualify as health care entities to distribute drug products that are derivatives of blood (blood derivatives). This proposed rule, which is specific to registered blood establishments and the distribution of blood derivatives, if finalized, would amend certain limited provisions of the regulations implementing the Prescription Drug Marketing Act of 1987 (PDMA), as modified by the Prescription Drug Amendments of 1992 (PDA) and the FDA Modernization Act of 1997. As currently written, these regulations, among other things, restrict the sale, purchase, or trade of, or the offer to sell, purchase, or trade, prescription drugs purchased by hospitals and other health care entities.
Program Fraud Civil Remedies Act
Document Number: E6-1220
Type: Proposed Rule
Date: 2006-02-01
Agency: Corporation for National and Community Service, Agencies and Commissions
The Corporation for National and Community Service (Corporation) proposes regulations to implement the Program Fraud Civil Remedies Act of 1986 (Act). The Act authorizes certain Federal agencies, including the Corporation, to impose, through administrative adjudication, civil penalties and assessments against any person who makes, submits, or presents a false, fictitious, or fraudulent claim or written statement to the agency. The proposed regulations establish the procedures the Corporation will follow in implementing the provisions of the Act and specifies the hearing and appeal rights of persons subject to penalties and assessments under the Act. They also designate the Corporation's Chief Financial Officer to act on behalf of the Chief Executive Officer in carrying out certain duties and responsibilities under the regulations.
Medical: Informed Consent-Designate Health Care Professionals To Obtain Informed Consent
Document Number: E6-1218
Type: Proposed Rule
Date: 2006-02-01
Agency: Department of Veterans Affairs
This document would amend U.S. Department of Veterans Affairs (VA) medical regulations on informed consent. The proposed rule authorizes VA to designate additional categories of health care professionals to obtain informed consent and sign the consent form.
Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West; Salable Quantities and Allotment Percentages for the 2006-2007 Marketing Year
Document Number: 06-948
Type: Proposed Rule
Date: 2006-02-01
Agency: Agricultural Marketing Service, Department of Agriculture
This rule would establish the quantity of spearmint oil produced in the Far West, by class, that handlers may purchase from, or handle for, producers during the 2006-2007 marketing year, which begins on June 1, 2006. This rule invites comments on the establishment of salable quantities and allotment percentages for Class 1 (Scotch) spearmint oil of 878,205 pounds and 45 percent, respectively, and for Class 3 (Native) spearmint oil of 1,007,886 pounds and 46 percent, respectively. The Spearmint Oil Administrative Committee (Committee), the agency responsible for local administration of the marketing order for spearmint oil produced in the Far West, recommended these limitations for the purpose of avoiding extreme fluctuations in supplies and prices to help maintain stability in the spearmint oil market.
Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; Increased Assessment Rate
Document Number: 06-947
Type: Rule
Date: 2006-02-01
Agency: Agricultural Marketing Service, Department of Agriculture
This rule increases the assessment rate established for the Citrus Administrative Committee (Committee) for the 2005-06 and subsequent fiscal periods from $0.006 to $0.008 per \4/5\ bushel carton of oranges, grapefruit, tangerines, and tangelos handled. The Committee locally administers the marketing order which regulates the handling of oranges, grapefruit, tangerines, and tangelos grown in Florida. Assessments upon Florida citrus handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan (ALWTRP)
Document Number: 06-944
Type: Rule
Date: 2006-02-01
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Assistant Administrator for Fisheries (AA), NOAA, announces temporary restrictions consistent with the requirements of the ALWTRP's implementing regulations. These regulations apply to lobster trap/pot and anchored gillnet fishermen in an area totaling approximately 2,404 nm\2\ (8,245 km\2\), southeast of Portland, ME, for 15 days. The purpose of this action is to provide protection to an aggregation of northern right whales (right whales).
Endangered and Threatened Species: Final Protective Regulations for Threatened Upper Columbia River Steelhead
Document Number: 06-929
Type: Rule
Date: 2006-02-01
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, NOAA's National Marine Fisheries Service (NMFS), are applying the protective regulations for threatened West Coast salmon and steelhead to Upper Columbia River steelhead. Upper Columbia River steelhead were previously listed as endangered in 1997 and were thereby afforded protections against ``take'' under the Endangered Species Act (ESA). On January 5, 2006, the listing status of Upper Columbia River steelhead was changed to threatened. We have determined that the existing protective regulations for threatened West Coast salmonids are necessary and advisable for the conservation of Upper Columbia River steelhead.
Exclusion Zones for Marine LNG Spills
Document Number: 06-920
Type: Proposed Rule
Date: 2006-02-01
Agency: Coast Guard, Department of Homeland Security
The Coast Guard announces the availability of its response to a petition for rulemaking requesting issuance of regulations establishing thermal and vapor dispersion exclusion zones for marine spills of liquefied natural gas (LNG), by the City of Fall River, MA. The Coast Guard has determined that such a rulemaking project is unnecessary.
Safety Zone: North Portland Harbor Dredging Operations; Portland, OR
Document Number: 06-906
Type: Rule
Date: 2006-02-01
Agency: Coast Guard, Department of Homeland Security
This document contains a correction to effective date of the temporary final rule establishing a temporary safety zone on the Columbia River, in the vicinity of Hayden Island at North Portland Harbor (CGD-13-06-002) published on January 25, 2006, in the Federal Register (71 FR 4043).
Drawbridge Operation Regulation; Mississippi River, Iowa and Illinois
Document Number: 06-904
Type: Rule
Date: 2006-02-01
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is changing the regulation governing the Clinton Railroad Drawbridge, Mile 518.0, Upper Mississippi River at Clinton, Iowa. Under the rule, the drawbridge shall open on signal if at least 24 hours advance notice is given from 12:01 a.m., on January 20, 2006 until 9 a.m., on March 1, 2006. This rule allows time for making upgrades to critical mechanical components and to perform scheduled annual maintenance/repairs to the bridge.
Statement of Organization and Functions
Document Number: 06-902
Type: Rule
Date: 2006-02-01
Agency: Consumer Product Safety Commission, Agencies and Commissions
The Consumer Product Safety Commission (CPSC or Commission) is amending its statement of organization and functions to reflect changes in the Commission's organization as well as editorial and address changes.
Passenger Facility Charge Program, Debt Service, Air Carrier Bankruptcy, and Miscellaneous Changes
Document Number: 06-896
Type: Proposed Rule
Date: 2006-02-01
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to change the passenger facility charge program to add more eligible uses for revenue, protect such revenue in bankruptcy proceedings, and eliminate charges to passengers on military charters. These proposed actions respond to the Vision 100Century of Aviation Reauthorization Act. In addition, the proposed action would revise current reporting requirements to reflect technological improvements; incorporate some existing practices and policies into current regulations; and clarify and update existing references and regulations. This proposal would further streamline the existing policies of the passenger facility charge program.
High-Intensity Radiated Fields (HIRF) Protection for Aircraft Electrical and Electronic Systems
Document Number: 06-895
Type: Proposed Rule
Date: 2006-02-01
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to add certification standards to protect aircraft electrical and electronic systems from high-intensity radiated fields (HIRF). This action is necessary due to the vulnerability of aircraft electrical and electronic systems and the increasing use of high-power radio frequency transmitters. The intended effect of this action is to create a safer operating environment for civil aviation by protecting aircraft and their systems from the adverse effects of HIRF.
Revisions to the California State Implementation Plan, Ventura County Air Pollution Control District, Yolo-Solano Air Quality Management District
Document Number: 06-894
Type: Rule
Date: 2006-02-01
Agency: Environmental Protection Agency
EPA is taking direct final action to approve revisions to the Ventura County Air Pollution Control District (VCAPCD) and Yolo-Solano Air Quality Management District (YSAQMD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from polyester resin material use operations and organic liquid chemical storage and transfer operations. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Interim Final Determination to Stay and/or Defer Sanctions, Yolo-Solano Air Quality Management District
Document Number: 06-893
Type: Rule
Date: 2006-02-01
Agency: Environmental Protection Agency
EPA is making an interim final determination to stay sanctions based on a proposed approval of revisions to the Yolo-Solano Air Quality Management District (YSAQMD) portion of the California State Implementation Plan (SIP) published elsewhere in today's Federal Register. The revisions concern Yolo-Solano Air Quality Management District Rule 2.21, Organic Liquid Storage and Transfer.
Revisions to the California State Implementation Plan, Ventura County Air Pollution Control District, Yolo-Solano Air Quality Management District
Document Number: 06-892
Type: Proposed Rule
Date: 2006-02-01
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to the Ventura County Air Pollution Control District (VCAPCD) and Yolo-Solano Air Quality Management District (YSAQMD) portions of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from polyester resin material use operations and organic liquid chemical storage and transfer operations. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Termination of Federal Enforcement for Parts of the Missouri Permanent Regulatory Program and Return of Full Regulatory Authority to the State of Missouri
Document Number: 06-883
Type: Rule
Date: 2006-02-01
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement, Surface Mining Reclamation and Enforcement Office
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing our decision under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act) to terminate direct Federal enforcement for those parts of the Missouri permanent regulatory program (Missouri program) for which we substituted Federal enforcement. We announced our decision to substitute Federal enforcement for parts of the Missouri program on August 22, 2003. On June 2, 2005, the Governor of Missouri petitioned us to consider returning to the Missouri Land Reclamation Commission (MLRC) the authority to enforce those parts of the Missouri program for which we substituted Federal enforcement. The Missouri Land Reclamation Program (MLRP), within the Missouri Department of Natural Resources (MDNR), implements and enforces the Missouri program for the MLRC. Based on the Missouri Governor's petition for return of the Missouri program and MLRP's completion of the required remedial actions, we are terminating Federal enforcement for those parts of the Missouri program for which we substituted Federal enforcement and returning full enforcement authority to Missouri. This document also removes those sections of the Federal regulations that address: Direct Federal enforcement for parts of the Missouri program; the remedial actions required of Missouri to regain full enforcement authority; and the requirements and procedures for terminating direct Federal enforcement.
Airworthiness Directives; Rolls-Royce plc RB211 Trent 553-61, 553A2-61, 556-61, 556A2-61, 556B-61, 556B2-61, 560-61, and 560A2-61 Turbofan Engines
Document Number: 06-826
Type: Rule
Date: 2006-02-01
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain Rolls-Royce plc (RR) RB211 Trent 553-61, 553A2-61, 556-61, 556A2-61, 556B-61, 556B2-61, 560-61, and 560A2-61 turbofan engines. This AD requires initial and repetitive borescope inspections for missing HPT rear seal plate locking plugs and damaged locking plug retaining wires, and removal of the engine from service if necessary, based on inspection results. This AD results from two reports of missing HPT rear seal plate locking plugs, damage to the HPT disc, and damage to the remaining locking plug retaining wires. We are issuing this AD to prevent uncontained release of the HPT rear side plate and HPT disc, resulting in damage to the airplane.
Airworthiness Directives; Dassault Model Falcon 2000 and Falcon 2000EX Airplanes
Document Number: 06-824
Type: Rule
Date: 2006-02-01
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain Dassault Model Falcon 2000 and Falcon 2000EX airplanes. For all airplanes, this AD requires, among other actions, doing an inspection for damage of the feeder cables, and corrective actions if necessary; and installing a protective plate on the feeder cables. For certain airplanes, this AD also requires re-routing the wiring on the cockpit protector; drilling holes in the cockpit protector; and clamping the feeder cables; as applicable. This AD results from a drawing review and further associated inspections that highlighted a potential chafing risk between the third crew member's oxygen mask box and feeder cables routed in the area. We are issuing this AD to prevent chafing between the subject oxygen mask box and the adjacent feeder cables, which could generate smoke or fire in the cockpit that could be fanned by oxygen leakage from the oxygen mask box.
Order Staying Effective Date, In the Matter of Children's Television Obligations of Digital Television Broadcasters
Document Number: 06-799
Type: Rule
Date: 2006-02-01
Agency: Federal Communications Commission, Agencies and Commissions
This document stays three sections of the CFR regarding the requirements for Internet Web site address displays in children's television programming and the core children's programming processing guideline for digital broadcasters in MM Docket 00-167, until 60 days after publication in the Federal Register of the Commission's order on reconsideration in that proceeding. These requirements were previously scheduled to become effective on January 1, 2006.
Radio Broadcasting Services; Dilley and Pearsall, TX
Document Number: 06-753
Type: Rule
Date: 2006-02-01
Agency: Federal Communications Commission, Agencies and Commissions
The Audio Division, at the request of Pearsall Radio Works, Ltd., reallots Channel 237A from Pearsall to Dilley, Texas, and modifies Station KVWG-FM's license accordingly. See 68 FR 18177, April 15, 2003. Channel 237A can be allotted to Dilley in compliance with the Commission's minimum distance separation requirements with a site restriction of 2.7 kilometers (1.7 miles) east at Petitioner's requested site. The reference coordinates for Channel 237A at Dilley are 28-39-55 North Latitude and 99-08-35 West Longitude. Additionally, Channel 227A can be allotted to Pearsall, Texas, as a replacement service with a site restriction of 1.7 kilometers (1.1 miles) west at Petitioner's requested site. The reference coordinates for Channel 227A at Pearsall are 28-53-13 North Latitude and 99-06-40 West Longitude. See Supplementary Informaton, infra.
Endangered and Threatened Wildlife and Plants; Critical Habitat for the Alabama Beach Mouse
Document Number: 06-688
Type: Proposed Rule
Date: 2006-02-01
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to revise critical habitat for the endangered Alabama beach mouse (Peromyscus polionotus ammobates) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 1,298 acres (ac) (525 hectares (ha)) fall within the boundaries of the proposed critical habitat designation. The proposed critical habitat is located in Baldwin County, Alabama.
Fuel Economy Labeling of Motor Vehicles: Revisions To Improve Calculation of Fuel Economy Estimates
Document Number: 06-451
Type: Proposed Rule
Date: 2006-02-01
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing changes to the test methods used to calculate the fuel economy estimates that are posted on window stickers of all new cars and light trucks sold in the United States. A fundamental issue with today's fuel economy estimates is that the underlying test procedures do not fully represent real-world driving conditions. Although no single test or set of tests can ever account for the wide variety of conditions experienced by every driver, the new fuel economy estimates would more accurately reflect a number of important factors that drivers are likely to experience on the road. These changes will take effect starting with 2008 model year vehicles. Under the new methods, the City MPG estimates for most vehicles would drop 10 percent to 20 percent from today's labels, depending on the vehicle. The Highway MPG estimates would generally drop 5 percent to 15 percent for most vehicles. Although today's proposed fuel economy test methods would provide more accurate estimates for many consumers, there will always continue to be drivers who get higher or lower fuel economy than the window sticker numbers. Currently the same test procedures are used for both the window sticker estimates and the fuel economy values used to determine a manufacturer's corporate average fuel economy (CAFE). However, this proposal would not alter the test procedures, driving cycles, measurement techniques, or the calculation methods used to determine CAFE.
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