February 2006 – Federal Register Recent Federal Regulation Documents

The North Pacific Fishery Management Council (Council) has submitted Amendments 78 and 65 to the Fishery Management Plan (FMP) for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI), Amendments 73 and 65 to the FMP for Groundfish of the Gulf of Alaska (GOA), Amendments 16 and 12 to the FMP for Bering Sea/Aleutian Islands King and Tanner Crabs, Amendments 7, 9, and 11 to the FMP for the Scallop Fishery Off Alaska, and Amendments 7 and 8 to the FMP for Salmon Fisheries in the Exclusive Economic Zone Off the Coast of Alaska. These amendments, if approved, would revise the FMPs by identifying and authorizing protection measures for essential fish habitat (EFH) and habitat areas of particular concern (HAPCs) in all five FMPs and update the biological and management information in the scallop FMP. This action is necessary to revise the descriptions of EFH in the FMPs based on the best available scientific information and to protect areas that have important habitat features for the sustainability of managed fish stocks. This action also is necessary to provide an updated FMP for scallop fishery management. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the FMPs, and other applicable laws. Comments from the public are welcome.

With this final rule, EPA bans research for pesticides involving intentional exposure of human subjects, when the subjects are pregnant women or children. The rule further strengthens existing protections for subjects in research conducted or supported by EPA, by prohibiting such research if it would involve intentional exposure of human subjects who are pregnant women or children. The rule also extends new protections to adult subjects in research for pesticides conducted by others who intend to submit the research to EPA, when it involves intentional exposure of human subjects who are non-pregnant adults, and creates a new, independent Human Studies Review Board to advise the Agency on the ethical and scientific issues arising in such research. This final rule focuses on third-party intentional dosing human studies for pesticides and sets the stage for further Agency actions. In addition, in order to display the OMB control number for the information collection requirements contained in this final rule, EPA is amending the table of OMB approval numbers for EPA regulations that appears in 40 CFR part 9.

The Food and Drug Administration (FDA) is amending its regulations to reflect a change in the address for the Departmental Appeals Board (DAB). This action is editorial in nature and is intended to improve the accuracy of the agency's regulations.

EPA is taking final action to exempt methyl bromide production and import for 2006 critical uses. Specifically, EPA is authorizing uses that will qualify for the 2006 critical use exemption, and the amount of methyl bromide that may be produced, imported, or made available from inventory for those uses in 2006. EPA's action is taken under the authority of the Clean Air Act (CAA) and reflects recent consensus Decisions taken by the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer (Protocol) at the 16th and 17th Meetings of the Parties (MOPs) and the 2nd Extraordinary Meeting of the Parties (ExMOP).

The Chemical Safety and Hazard Investigation Board (CSB) is extending the period for comment on the proposed rule entitled, ``Accident Investigation Initiation Notice and Order to Preserve Evidence,'' which was published in the Federal Register on January 4, 2006 (71 FR 309).

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a new animal drug application (NADA) filed by Merial Ltd. The NADA provides for veterinary prescription use of firocoxib oral paste in horses for the control of pain and inflammation associated with osteoarthritis.

The Department is amending its charter regulations by adding definitions of sixth- and seventh-freedom charters to the definitions section of 14 CFR Part 212, and by requiring foreign air carrier applicants for charter authority to provide updated reciprocity statements and operational data relative to its homeland-U.S. services.

The OCC, Board, FDIC and OTS published in the Federal Register on March 29, 2005 interpretive guidance on the Gramm-Leach-Bliley Act (GLBA) and the Interagency Guidelines Establishing Information Security Standards (Security Guidelines). In footnote six of the interpretive guidance, the Federal Trade Commission (``FTC'') citation reads 12 CFR part 314 whereas it should read 16 CFR part 314.

The FAA proposes to adopt a new airworthiness directive (AD) for certain EMBRAER Model EMB-145, -145ER, -145MR, -145LR, -145XR, - 145MP, and -145EP airplanes. This proposed AD would require modifying the routing of wire harness W407 near the fire extinguishing tube in the area of each engine, and installing new supports for related wiring. This proposed AD results from reports of chafing of wire harness W407 against the supports and nacelle structure in the engine area. We are proposing this AD to prevent such chafing, which could result in an engine shutting down during flight.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Airbus Model A300 B4-600R and A300 F4-600R series airplanes. The existing AD requires repetitive inspections for damage of the center tank fuel pumps and fuel pump canisters and replacement of any damaged parts, and mandates modification of the canisters of the center tank fuel pumps, which terminates the repetitive inspections. For certain airplanes, this proposed AD would require a one-time inspection of the attachment bolts of the outlet flange of the canisters of the center tank fuel pumps for bolts that are too short and do not protrude through the nut, and replacement of the bolts if necessary. This proposed AD results from several reports that the attachment bolts for the canisters, modified by the requirements in the existing AD, are too short and do not fully protrude from the nuts. We are proposing this AD to prevent damage to the fuel pump and fuel pump canister, which could result in loss of flame trap capability and could provide a fuel ignition source in the center fuel tank.

The Department of State (Department) is proposing the amendment of its existing au pair regulations under the Exchange Visitor Program (J-1 visa) to permit designated au pair sponsors to request a one-time extension of six, nine or 12 months beyond an au pair participant's original 12-month program (the maximum duration of program participation).

This temporary rule implements the quarterly excise tax payment procedure for small alcohol excise taxpayers contained in section 11127 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, which amended section 5061 of the Internal Revenue Code of 1986. Before passage of this law, most Federal alcohol excise taxpayers paid the tax on a semimonthly basis. We are amending the applicable regulations on a temporary basis to incorporate the legislative change allowing quarterly payments. We also are soliciting comments from all interested parties on the implementation of this new procedure through a notice of proposed rulemaking published elsewhere in this issue of the Federal Register.

The FAA is proposing to amend the certification standards for original and amended type certificates for aircraft engines by modifying the standards for engine life-limited parts. The proposed rule would establish new and uniform standards for the design and testing of life-limited parts for aircraft engines certificated by the FAA, the European Aviation Safety Agency (EASA), and the Joint Aviation Authorities (JAA). Additionally, the proposal would add new standards for the design of reciprocating engine turbocharger rotors. The proposed rule would harmonize part 33 requirements with EASA and JAA requirements.

The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Regulations and Rules (Practices and Procedures in Canada) in their respective jurisdictions. Under agreement with the SLSMC, the SLSDC is amending the joint regulations by updating the Seaway Regulations and Rules in various categories. The changes update the following sections of the Regulation and Rules: Condition of Vessels; Preclearance and Security for Tolls; Seaway Navigation; Toll Assessment and Payment; and Information and Reports. These amendments are necessary to take account of updated procedures and/or technology and enhance the safety of transits through the Seaway. Several of the amendments are merely editorial or for clarification of existing requirements.

The Farm Credit Administration (FCA, we, or our) issues this final rule amending our regulations affecting the governance of the Farm Credit System (System). The final rule enhances impartiality and disclosure in the election of directors; requires that Farm Credit banks and associations establish policies identifying desirable director qualifications; requires boards to have a director or an advisor who is a financial expert; requires System institutions to establish director training procedures; and ensures that boards conduct annual self-evaluations. The final rule addresses the term of service and removal of outside directors, while requiring all Farm Credit banks and associations with assets over $500 million to have at least two outside directors. The rule also provides associations with small boards an exemption from having at least two outside directors. The rule further requires that Farm Credit banks and associations have nominating committees and that all System institutions have audit and compensation committees. The final rule clarifies the current rule on disclosure of conflicts of interest and compensation. The final rule does not apply to the Federal Agricultural Mortgage Corporation (FAMC).

EPA is updating the materials submitted by Maryland that are incorporated by reference (IBR) into the State implementation plan (SIP). The regulations affected by this update have been previously submitted by the State agency, the Maryland Department of the Environment, and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center located at EPA Headquarters in Washington, DC and the Regional Office.

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.

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.

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.

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).

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.

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.

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.

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).