February 8, 2006 – Federal Register Recent Federal Regulation Documents

This document corrects the docket number for a notice of proposed rulemaking (NPRM) published in the Federal Register (70 FR 77454) on December 30, 2005 to amend Federal motor vehicle safety standard (FMVSS) No. 108 on lamps, reflective devices, and associated equipment. That NPRM proposed to amend the standard by reorganizing the regulatory text so that it provides a more straight-forward and logical presentation of the applicable regulatory requirements.

This proposed rule will amend the Maritime Administration's (MARAD's) regulations governing its pilot program for the reimbursement of costs of qualified maintenance and repair (M&R) of Maritime Security Program (MSP) vessels performed in United States shipyards. Under Public Law 109-163, the Secretary of Transportation, acting through the Maritime Administrator, is directed to implement regulations that, among other things, replace MARAD's voluntary M&R reimbursement program with a mandatory system.

The FAA proposes to adopt a new airworthiness directive (AD) for all Boeing Model 737 airplanes. This proposed AD would require repetitive measurement of the freeplay of both aileron balance tabs; repetitive lubrication of the aileron balance tab hinge bearings and rod end bearings; and related investigative and corrective actions if necessary. This proposed AD results from reports of freeplay-induced vibration of the aileron balance tab. The potential for vibration of the control surface should be avoided because the point of transition from vibration to divergent flutter is unknown. We are proposing this AD to prevent excessive vibration of the airframe during flight, which could result in loss of control of the airplane.

The FAA proposes to adopt a new airworthiness directive (AD) for all Aerospatiale Model ATR42 airplanes. This proposed AD would require one-time inspections to detect discrepancies (e.g., cracking, loose/sheared fasteners, distortion) of the upper skin and rib feet of the outer wing boxes, and repair if necessary. This proposed AD results from a report of cracking on the upper skin and ribs of the outer wing box on an in-service airplane. We are proposing this AD to detect and correct these discrepancies, which could result in reduced structural integrity of the airplane.

The FAA proposes to revise an existing airworthiness directive (AD) that applies to certain Bombardier Model DHC-8-102, -103, and -106 airplanes; and Model DHC-8-200 and -300 series airplanes. The existing AD currently requires performing a one-time inspection to detect chafing of electrical wires in the cable trough below the cabin floor; repairing, if necessary; installing additional tie-mounts and tie- wraps; applying sealant to rivet heads; and modifying electrical wires in certain sections. This proposed AD would, for certain airplanes, eliminate the requirement to modify electrical wires in certain sections. This proposed AD results from a report indicating that the modification of electrical wires does not need to be done on certain airplanes subject to the existing AD. We are proposing this AD to prevent chafing of electrical wires, which could result in an uncommanded shutdown of an engine during flight.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 777 airplanes. This proposed AD would require repetitive inspections for corrosion or missing corrosion inhibiting compound of the fuselage skin under the forward and aft wing-to-body fairings for certain airplanes, or the fuselage skin under the forward wing-to-body fairings only for other airplanes; and corrective action if necessary. The proposed AD would also provide an optional preventive modification of the wing-to-body fairing panels, which would terminate the repetitive inspections. This proposed AD results from several reports indicating that significant levels of corrosion were found on the external surface of the fuselage skin under the forward and aft wing-to-body fairings. We are proposing this AD to detect and correct corrosion, and prevent subsequent fatigue cracks, on the fuselage skin under the forward and aft wing-to-body fairings, which could result in rapid decompression of the airplane.

The FAA is adopting a new airworthiness directive (AD) for certain Fokker Model F.28 Mark 0070 and 0100 airplanes. This AD requires modifying the passenger door and installing new placards. This AD results from reports of the airstairs-type passenger door opening during flight. We are issuing this AD to prevent rapid decompression of the airplane, or ejection of a passenger or crew member out the door during flight.

The Department of Agriculture (USDA) will conduct a public meeting to discuss the proposed rule, Procurement of Commodities for Foreign Donation, published in the Federal Register on December 16, 2005 (70 FR 74717).

EPA is taking direct final action to determine that the Ajo moderate PM10 nonattainment area in Arizona has attained the National Ambient Air Quality Standards (NAAQS) for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10). This determination is based upon monitored air quality data for the PM10 NAAQS during the years 2002-2004. EPA also finds that the Ajo area has continued to attain the PM10 NAAQS since 2004. Based on this determination, EPA is also determining that certain Clean Air Act requirements are not applicable for so long as the Ajo area continues to attain the PM10 NAAQS.

EPA is proposing to approve revisions to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from solvent degreasers. 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).

This regulation establishes tolerances for residues of boscalid, 3-pyridinecarboxamide, 2-chloro-N-(4'-chloro [1,1'-biphenyl]- 2-yl) in or on banana (imported), celery, and spinach. In addition, existing tolerances are being increased on almond hulls. Finally, the existing lettuce exception listed for the indirect or inadvertent residues in vegetables, leafy, group 4, is being revised to include celery and spinach, as well as lettuce. BASF requested the tolerances on almonds and bananas, and Interregional Research Project 4 (IR-4) has proposed group tolerances on vegetable, leafy, except brassica, Group 4 (to include celery and spinach), under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).

The Board of Governors of the Federal Reserve System (Board) has adopted final amendments to its Regulation A to reflect the Board's approval of an increase in the primary credit rate at each Federal Reserve Bank. The secondary credit rate at each Reserve Bank automatically increased by formula as a result of the Board's primary credit rate action.

The Office of Hearings and Appeals (OHA) is amending its regulations that implement the Equal Access to Justice Act to bring them up to date with amendments to the statute that have been enacted since 1983.

The Institute of Museum and Library Services (Institute) has amended its Privacy Act regulations to reflect administrative changes at the agency and to conform to the President's Memorandum of June 1, 1998Plain Language in Government Writing. These regulations establish procedures by which an individual may determine whether a system of records maintained by the Institute contains a record pertaining to him or her; gain access to such records; and request correction or amendment of such records. These regulations also establish exemptions from certain Privacy Act requirements for all or part of certain systems of records maintained by the Institute.

This amendment establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and/or Weather Takeoff Minimums for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or 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.

We, the U.S. Fish and Wildlife Service (Service), announce our intention to conduct rulemaking to establish a distinct population segment (DPS) of the gray wolf (Canis lupus) in the Northern Rocky Mountains of the United States (NRM). The NRM DPS of gray wolf encompasses the eastern one-third of Washington and Oregon, a small part of north-central Utah, and all of Montana, Idaho, and Wyoming. The threats to the wolf population in the NRM DPS have been reduced or eliminated as evidenced by the population exceeding the numerical, distributional, and temporal recovery goals each year since 2002. The States of Montana and Idaho have adopted State laws and State wolf management plans that would conserve a recovered NRM wolf population within their boundaries into the foreseeable future. However, we have determined that Wyoming State law and its wolf management plan do not provide the necessary regulatory mechanism to assure that Wyoming's share of a recovered NRM wolf population will be conserved if the ESA's protections were removed. Therefore, we intend to conduct a future rulemaking to propose that the gray wolf in the NRM wolf DPS be removed from the List of Threatened and Endangered Wildlife under the Endangered Species Act of 1973 (ESA), as amended, if Wyoming adopts a State law and a State wolf management plan that is approved by the Service. Concerns regarding the Wyoming plan would have to be resolved before a NRM DPS delisting could be finalized. This ANPRM is being issued in advance of completion of the 12 month status review of NRM wolves. This status review remains in progress.

The Commission amends its regulations relating to the procedures to be followed when parties appealing Commission actions file in different courts of appeals. If within ten days after issuance of an order, the Commission receives two or more petitions for review filed with different courts of appeals, it is required to notify the judicial panel on multidistrict litigation, which then randomly selects one of those courts of appeals to consider the petitions for review. The Commission's regulations implement this provision by specifying that a party wishing to avail itself of these procedures must, within ten days after issuance of an order, file with the Commission's Office of General Counsel a copy of its petition for review as filed and date- stamped by the court of appeals. This amendment conforms the Commission's regulations to the Federal Rules of Appellate Procedure by providing that weekends and holidays will not be included when counting this ten-day period.

This document sets forth a proposal to amend the FM Table of Allotments, Section 73.202(b) of the Commission's rules, 47 CFR 73.202(b). The Commission requests comment on a petition filed by Jeraldine Anderson. Petitioner proposes the allotment of Channel 250A at Crowell, Texas, as a potential second local service. Channel 250A can be allotted at Crowell in compliance with the Commission's minimum distance separation requirements with a site restriction of 4.7 km (2.9 miles) west of Crowell. The proposed coordinates for Channel 250A at Crowell are 34-00-00 North Latitude and 99-46-18 West Longitude. See SUPPLEMENTARY INFORMATION infra.

The staff grants a settlement request filed by Scott Communications, Inc., Alexander Broadcasting Co., and SSR Communications, deletes the allotment of Channel 300A at Shorter, AL, and upgrades, reallots, and changes the community of license for Station WJAM-FM from Channel 300A at Orrville, AL, to Channel 300C3 at Shorter, AL. To prevent the removal of the sole local service at Orrville, the document reallots and changes the community of license for Station WALX(FM) from Channel 265C2 at Selma, AL, to Channel 265C2 at Orrville. The staff also dismisses as moot a petition for reconsideration filed jointly by Scott Communications and Alexander Broadcasting directed at the Report and Order in this proceeding. See 70 FR 28461 (May 18, 2005). With this action, the proceeding is terminated. See also Supplemental Information.

The Audio Division, at the request of Dana J. Puopolo, allots Channel 271A at Randsburg, California, as the community's first commercial FM transmission service in MB Docket No. 04-276; RM-11033. See 69 FR 46474, published August 3, 2004. Channel 271A can be allotted to Randsburg in compliance with the Commission's minimum distance separation requirements at the city reference coordinates of 35-22-06 North Latitude and 117-39-25 West Longitude. Mexican concurrence has been requested. The Audio Division, at the request of Charles Crawford, allots Channel 254A at Mooreland, Oklahoma, as the community's third local FM transmission service in MB Docket No. 04-279; RM-11036. See 69 FR 46474, published August 3, 2004. Channel 254A can be allotted to Mooreland in compliance with the Commission's minimum distance separation requirements, provided there is a site restriction of 13.9 kilometers (8.6 miles) northwest of the community. The reference coordinates for Channel 254A at Mooreland are 36-30-30 North Latitude and 99-20-00 West Longitude. Filing windows for Channel 271A at Randsburg, California and Channel 254A at Mooreland, Oklahoma, will not be opened at this time. Instead, the issue of opening a filing window for these channels will be addressed by the Commission in a subsequent order.