March 22, 2006 – Federal Register Recent Federal Regulation Documents

Ex-Im Bank is adopting a regulation that establishes policy and prescribes procedures with respect to the testimony of Ex-Im Bank personnel, both current and former, and the production of agency records, in legal proceedings. The regulation is designed to balance concerns such as preserving the time of Ex-Im Bank personnel for the conduct of official business against concerns such as whether the disclosure of information requested is necessary to prevent fraud or injustice. A proposed rule on this subject was published in the Federal Register on October 24, 2005 (70 FR 61395). Ex-Im Bank did not receive any comments on the proposed rule. Ex-Im Bank is accordingly adopting the proposed provisions as a final rule without further change.

The Coast Guard is establishing a temporary safety zone offshore of Camp Rilea, Warrenton, Oregon. Small arms training and fire will be conducted within this zone, and a safety zone is needed to ensure the safety of persons and vessels operating in this area during the specified periods. Entry into this safety zone is prohibited unless authorized by the Captain of the Port or his/her designated representative.

In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR part 107, subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. This notice is abbreviated to expedite docketing and public notice. Because the sections affected, modes of transportation, and the nature of application have been shown in earlier Federal Register publications, they are not repeated here. Request of modifications of special permits (e.g. to provide for additional hazardous materials, packaging design changes, additional mode of transportation, etc.) are described in footnotes to the application number. Application numbers with the suffix ``M'' denote a modification request. There applications have been separated from the new applications for special permits to facilitate processing.

The Food and Drug Administration (FDA) is announcing the availability of the guidance entitled ``Class II Special Controls Guidance Document: Reagents for Detection of Specific Novel Influenza A Viruses''. This guidance document describes a means by which Reagents for detection of specific novel influenza A viruses may comply with the requirement of special controls for class II devices. Elsewhere in this issue of the Federal Register, FDA is publishing a final rule to classify Reagents for detection of specific novel influenza A viruses into class II (special controls). This guidance document is immediately in effect as a special control for Reagents for detection of specific novel influenza A viruses, but it remains subject to comment in accordance with the agency's good guidance practices (GGPs).

In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a notice of receipt of a request by the registrant to voluntarily terminate the use of the pesticide propylene oxide (PPO) on bird seed products. The request would terminate non-food PPO use as an insecticidal fumigant for the control of stored product insects in bird seed. The request would terminate bird seed use for all PPO product(s) registered in the U.S. EPA intends to grant this request at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the request, or unless the registrant withdraws their request within this period. Upon acceptance of this request, any sale, distribution, or use of products listed in this notice will be permitted only if such sale, distribution, or use is consistent with the terms as described in the final order.

This notice announces the availability of EPA's Reregistration Eligibility Decisions (REDs) for the pesticides poly(hexamethylenebiguanide) hydrochloride hereafter referred to as PHMB, para tertiary-amylphenol and salts hereafter referred to as 4-t, 1, 2-benzisothiazolin-3-one hereafter referred to as BIT and azadioxabicyclooctane hereafter referred to as Aza. This notice opens a public comment period on these documents. The Agency's risk assessments and other related documents are also available in the Dockets for PHMB, 4-t, BIT and Aza. EPA has reviewed PHMB, 4-t, BIT and Aza through the public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.

EPA has granted experimental use permits (EUPs) to the following pesticide applicant. EUPs permit use of a pesticide for experimental or research purposes only in accordance with the limitations in the permits.

This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide xylene, and opens a public comment period on this document, related risk assessments, and other support documents. EPA has reviewed the low risk pesticide xylene through a modified, streamlined version of the public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.

EPA is taking direct final action to approve a PM10 State Implementation Plan (SIP) maintenance plan revision for the Lakeview, Oregon nonattainment area and to redesignate the area from nonattattainment to attainment for PM10. PM10 air pollution is suspended particulate matter with a nominal diameter less than or equal to a nominal ten micrometers. EPA is approving the SIP revision and redesignation request because the State adequately demonstrates that the control measures being implemented in the Lakeview area result in maintenance of the PM10 National Ambient Air Quality Standards and all other requirements of the Clean Air Act for redesignation to attainment are met.

EPA is proposing to approve a PM10 State Implementation Plan (SIP) maintenance plan revision for the La Grande, Oregon nonattainment area and to redesignate the area from nonattattainment to attainment for PM10. PM10 air pollution is suspended particulate matter with a nominal diameter less than or equal to a nominal ten micrometers. EPA is proposing to approve the SIP revision and redesignation request because the State adequately demonstrates that the control measures being implemented in the La Grande area result in maintenance of the PM10 National Ambient Air Quality Standards and all other requirements of the Clean Air Act for redesignation to attainment are met.

EPA is approving revisions to the Washoe County District Board of Health (WCDBH) portion of the Nevada State Implementation Plan (SIP). The WCDBH revisions concern particulate matter (PM-10) emissions from street sanding operations and from street sweeping operations. We are approving local rules under the Clean Air Act as amended in 1990 (CAA or the Act).

EPA is proposing to approve a request from the Indiana Department of Environmental Management (IDEM) to revise the Indiana State Implementation Plan (SIP). The revision consists of the repeal of 326 IAC 6-1, and its replacement by new articles 326 IAC 6.5 and 326 IAC 6.8. 326 IAC 6.5 contains particulate matter emission limitations for sources in all counties in Indiana, with the exception of Lake County. Sources in Lake County are addressed in 326 IAC 6.8. The revision does not change any control requirements or any other provisions in 326 IAC 6-1. In the final rules section of this Federal Register, EPA is approving the SIP revision as a direct final rule without prior proposal, because EPA views this as a noncontroversial revision and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If we do not receive any adverse comments in response to these direct final and proposed rules, we do not contemplate taking any further action in relation to this proposed rule. If EPA receives adverse comments, we will withdraw the direct final rule and will respond to all public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time.

The Food and Drug Administration (FDA) is issuing an order prohibiting the extralabel use of anti-influenza adamantane and neuraminidase inhibitor drugs in chickens, turkeys, and ducks. We are issuing this order based on evidence that extralabel use of these anti- influenza drugs in chickens, turkeys, and ducks will likely cause an adverse event in humans.

The FAA is adopting a new airworthiness directive (AD) for all Boeing Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747- 300, 747-400, 747-400D, and 747SR series airplanes. This AD requires a one-time inspection to determine whether any steel doubler (small or large) is installed at the lower forward and upper aft corners of the fuselage cutout at main entry doors (MEDs) number 3. Depending on the results of this inspection, this AD also requires repetitive inspections for cracks of the skin, bearstrap, and small steel doubler (if installed) at the applicable corner or corners of the fuselage cutouts, and related investigative/corrective actions if necessary. This AD also provides the optional terminating action for the repetitive inspections of installing a large steel doubler at the affected corners. This AD results from reports of cracks in the skin and bearstrap at the upper aft corner and at the lower forward corner of the fuselage cutout at MEDs number 3. We are issuing this AD to detect and correct cracks in the skin, bearstrap, and small steel doubler (if installed), which could propagate and 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 inspecting the main landing gear (MLG) main fitting for cracks, and repair if necessary. This AD also requires 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 AD results from a report that an MLG main fitting failed on an airplane that was braking while moving backward. We are issuing this AD to detect and correct cracks in the MLG main fitting, which could result in reduced structural integrity of the MLG main fitting.

This notice announces the initial filing of pesticide petitions proposing the establishment of regulations for residues of the herbicide ethofumesate (2-ethoxy-2,3-dihydro-3,3-dimethyl-5- benzofuranyl methanesulfonate) and its metabolites NC 8493 and NC 9607 (both calculated as the parent compound) in or on carrots (with regional restriction for use in Washington and Oregon only), garden beets (tops and roots), onion dry bulb, garlic bulb, and shallots.

This regulation establishes tolerances for combined residues of hexythiazox (trans-5-(4-chlorophenyl)-N-cyclohexyl-4-methyl-2- oxothiazolidine-3-carboxamide) and its metabolites containing the (4- chlorophenyl)-4-methyl-2-oxo-3-thiazolidine moiety (expressed as parent) in or on grape; citrus fruit, crop group 10 (CA, AZ, TX only); citrus, oil; citrus, dried pulp; fruit, pome, group 11; apple, wet pomace; and cattle, sheep, goat, and horse meat byproducts.

The Bureau of Land Management (BLM) received an application from Powder River Coal Company, Inc., (PRCC) to exchange portions of two Federal coal leases affecting an alluvial valley floor (AVF) designated as significant to farming. The affected leases are located at the Caballo Mine in Campbell County, Wyoming. The AVF lands will be exchanged for new coal leases adjacent to one or more existing coal leases. This tract, which was applied for as an AVF exchange under the provisions of 43 CFR 3436, is called the Gold Mine Draw Exchange (GMDX) Tract. Consistent with the National Environmental Policy Act (NEPA) regulations, BLM must prepare an environmental analysis prior to consummating an exchange. BLM is announcing that the Draft Environmental Analysis (EA) is available for public review and that a public hearing will be held to elicit comments from any affected parties concerning the EA or the exchange in general.

This document substitutes Channel 253C1 for Channel 252C3 at Bend, Oregon and modifies the Station KTWS-FM license to specify operation on Channel 253C1. To accommodate this upgrade, this document also substitutes Channel 271C3 for vacant Channel 255C3 at Prineville, Oregon. The reference coordinates for the Channel 227C2 allotment at Bend, Oregon, are 44-04-41 and 121-19-57. The reference coordinates for the Channel 271C3 allotment at Prineville, Oregon, are 44-20-36 and 120-44-06. See 68 FR 17003, April 8, 2003. With this action, the proceeding is terminated.

This final rule amends the requirements in the Hazardous Materials Regulations (HMR) for the transportation of hazardous materials by aircraft. This final rule clarifies the applicability of part 175; clarifies the exceptions from regulation for operator equipment and supplies, special aircraft operations, and passengers and crewmembers; revises separation distances for the shipment of radioactive materials by cargo aircraft; and updates the regulations to comply with security requirements for explosive special permits. These changes are being made to finalize outstanding petitions for rulemaking, convert certain special permits into regulations, and promote international harmonization, where appropriate.