March 2006 – Federal Register Recent Federal Regulation Documents

The Federal Crop Insurance Corporation (FCIC) is extending the comment period for the proposed rule that was published in the Federal Register on Monday, February 6, 2006 (71 FR 6016-6021). The proposed rule was to amend 7 CFR part 457 to add to a new Sec. 457.169 that provides insurance for mint. The provisions will be used in conjunction with the Common Crop Insurance Policy Basic Provisions, which contain standard terms and conditions common to most crops. This action will correct the electronic mail address, and allow interested persons additional time to prepare and submit comments.

NMFS is closing the shallow-set pelagic longline fishery north of the equator for all vessels registered under the Hawaii longline limited access program. This action is necessary to comply with regulations that govern the pelagic fisheries of the western Pacific region that establish maximum annual limits on the numbers of interactions that occur between longline fishing gear and sea turtles. The 2006 annual limit on physical interactions between longline fishing and sea turtles has been reached, so the fishery must be closed for the remainder of the calendar year.

NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear to catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using pot or hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). These actions are necessary to allow the 2006 A season total allowable catch (TAC) of Pacific cod to be harvested.

This action corrects the heading of the legal description and changes the effective date of a direct final rule published in the Federal Register on March 7, 2006 (71 FR 11297), Airspace Docket No. 05-AWP-15. In that rule, the heading of the legal description reads ``Lompoc, CA, Vandenberg AFB [Established]'' and will change to ``AWP CA E6 Lompoc, CA [New]''. Also the effective date was inadvertently published as July 6, 2006. This action changes the effective date to June 8, 2006.

This notice proposes to establish Class E airspace at Tyler Memorial Hospital, PA. The development of an Area Navigation (RNAV), Standard Instrument Approach Procedures (SIAP) and Helicopter RNAV 206 approach for the Tyler Memorial Hospital to serve flights operating into the airport during Instrument Flight Rules (IFR) conditions makes this action necessary. Controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain aircraft executing an approach. The area would be depicted on aeronautical charts for pilot reference.

The Coast Guard published in the Federal Register of March 1, 2006, a temporary final rule amending bridge regulations. That rule contained the wrong effective date. This document corrects that error.

The EPA is proposing to approve a revision to the North Carolina State Implementation Plan (SIP) submitted in final form on March 23, 2005. The SIP revision provides the second 10-year maintenance plan for the Charlotte, Raleigh-Durham, and Winston-Salem Carbon Monoxide Maintenance Areas, which are composed of the following four counties: Mecklenburg (Charlotte Area); Durham and Wake (Raleigh- Durham Area); and Forsyth (Winston-Salem Area). The second 10-year maintenance plan includes new motor vehicle emissions budgets (MVEBs) for carbon monoxide for the year 2015. EPA is proposing to approve this SIP revision, including the new 2015 MVEBs for carbon monoxide, because it satisfies the requirement of the Clean Air Act for the second 10- year maintenance plan for the Charlotte, Raleigh-Durham, and Winston- Salem Areas. In addition, in this rulemaking, EPA is providing information on its transportation conformity adequacy determination for new MVEBs for the year 2015 that are contained in the second 10-year carbon monoxide maintenance plan for the Charlotte, Raleigh-Durham, and Winston-Salem Areas. EPA determined that the 2015 MVEBs are adequate through a previous action. In the Final Rules Section of this Federal Register, EPA is approving the State's SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no significant, material, and adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time.

We are adopting as a final rule, without change, three interim rules regarding emerald ash borer (EAB). The first interim rule established regulations restricting the interstate movement of regulated articles from areas quarantined because of EAB and designated 13 counties in Michigan as quarantined areas. The second and third interim rules amended the regulations by adding areas in Indiana, Michigan, and Ohio to the list of areas quarantined because of EAB. As a result of those actions, the interstate movement of regulated articles from the quarantined areas is restricted. The interim rules were necessary to prevent the artificial spread of EAB from infested areas in the States of Indiana, Michigan, and Ohio into noninfested areas of the United States.

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 Tariff of Tolls in their respective jurisdictions. The Tariff sets forth the level of tolls assessed on all commodities and vessels transiting the facilities operated by the SLSDC and the SLSMC. The SLSDC is revising its regulations to reflect the fees and charges levied by the SLSMC in Canada starting in the 2006 navigation season, which are effective only in Canada. An amendment to increase the minimum charge per lock for those vessels that are not pleasure craft or subject in Canada to tolls under items 1 and 2 of the Tariff for full or partial transit of the Seaway will apply in the U.S. (See Supplementary Information.) The Tariff of Tolls is in effect in Canada. For consistency, because these are, under international agreement, joint regulations, and to avoid confusion among users of the Seaway, the SLSDC finds that there is good cause to make this U.S. version of the amendments effective upon publication.

The Food and Drug Administration (FDA) is correcting a final rule that published in the Federal Register of May 25, 2004 (69 FR 29786). The final rule required human cell, tissue, and cellular and tissue-based product (HCT/P) establishments to screen and test cell and tissue donors for risk factors for, and clinical evidence of, relevant communicable disease agents and diseases. The document was published with an error in the codified section. This document corrects that error.

EPA is proposing to update a portion of the Outer Continental Shelf (``OCS'') Air Regulations. Requirements applying to OCS sources located within 25 miles of States' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (``COA''), as mandated by section 328(a)(1) of the Clean Air Act, as amended in 1990 (``the Act''). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources by the Ventura County Air Pollution Control District (Ventura County APCD). The intended effect of approving the OCS requirements for the Ventura County APCD is to regulate emissions from OCS sources in accordance with the requirements onshore. The change to the existing requirements discussed below is proposed to be incorporated by reference into the Code of Federal Regulations and is listed in the appendix to the OCS air regulations.

The General Services Administration is issuing corrections to the proposed rule issued as FMR Case 2005-102-5, Transportation Payment and AuditUse of SF 1113, Public Voucher for Transportation Charges.

This document denies a petition for rulemaking submitted by Mr. James E. Hofferberth, to amend Federal Motor Vehicle Safety Standard (FMVSS) No. 208, ``Occupant crash protection,'' to require automobile manufacturers to place an advisory placard in all passenger automobiles manufactured with both inflatable restraints and seat belts, advising that the seat belts should not be used by pregnant women. We are denying the petition because the requested placard would provide advice that is contrary to the safety of both the mother and the unborn baby.

EPA is taking direct final action to approve revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from components at petroleum refineries, chemical plants, light crude oil production facilities, and natural gas production and processing facilities. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

EPA is taking direct final action approving a State Implementation Plan (SIP) revision submitted by the State of Colorado on April 12, 2004. This revision makes a minor change to Colorado Regulation No. 1. The intended effect of this action is to make federally enforceable those provisions that EPA is approving. The EPA is taking this action under section 110 of the Clean Air Act (Act).

The Federal Energy Regulatory Commission (Commission) is revising its regulations regarding pleadings. The regulations are revised to eliminate, in all pleadings except requests for rehearing, a recent formatting requirement that the pleadings contain a section entitled ``Statement of Issues.''

The Coast Guard is establishing a temporary fixed security zone surrounding a portion of Coast Guard Island within the navigable waters of the Brooklyn Basin during an official change of command ceremony. This security zone is needed for national security reasons to protect the ceremony participants and guests from potential subversive acts. Entry into this security zone is prohibited, unless specifically authorized by the Captain of the Port San Francisco, or his designated representative.

The FAA is adopting a new airworthiness directive (AD) for Turbomeca Arriel 1B, 1D, and 1D1 turboshaft engines. This AD requires inspecting the 2nd stage nozzle guide vanes (NGV2) for wall thickness. This AD results from one instance of a fractured 2nd stage turbine blade followed by an uncommanded engine shutdown. We are issuing this AD to detect and prevent perforation of the NGV2 that could cause fracture of a turbine blade that could result in an uncommanded engine in-flight shutdown on a single-engine helicopter.

We are approving an amendment to the Wyoming abandoned mine land reclamation (AMLR) plan (hereinafter referred to as the ``Wyoming Plan'' or ``Plan'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Wyoming proposed revisions and additions to its abandoned mine land (AML) Plan by removing phrases concerning liens for reclamation on private lands and by removing and adding words concerning contract eligibility. Wyoming intended to revise its Plan in accordance with the amendments required by OSM to make it consistent with SMCRA.

On October 12, 2005, EPA promulgated national emission standards for hazardous air pollutants (NESHAP) for new and existing hazardous waste combustors. Subsequently, the Administrator received four petitions for reconsideration of the final rule. In this proposed rule, EPA is granting reconsideration of one issue in the petitions submitted by Ash Grove Cement Company and the Cement Kiln Recycling Coalition: The new source standard for particulate matter (PM) for cement kilns that burn hazardous waste. We are requesting comment on a revised new source particulate matter standard for cement kilns. We are also requesting comment on corresponding changes to the new source particulate matter standards for incinerators and liquid fuel boilers.

NMFS proposes to establish target total allowable catch (TAC) levels for the monkfish fishery for the 2006 fishing year (FY), adjust trip limits, and establish days-at-sea (DAS) restrictions for limited access monkfish vessels fishing in the Southern Fishery Management Area (SFMA) based upon the annual target TAC setting, trip limit, and DAS adjustment methods established in Framework Adjustment 2 (Framework 2) to the Monkfish Fishery Management Plan (FMP). The proposed action is necessary to comply with the rebuilding plan established in the FMP and modified in Framework 2. The intent of this action is to help eliminate overfishing and rebuild the monkfish resource in accordance with Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act) requirements.

The State of Indiana has applied for approval of the underground storage tank program under Subtitle I of the Resource Conservation and Recovery Act (RCRA). The Environmental Protection Agency (EPA) has reviewed the Indiana application and has made the tentative decision that Indiana's underground storage tank program satisfies all of the requirements necessary to qualify for approval. The Indiana application for approval is available for public review and comment. A public hearing will be held if sufficient public interest is expressed.

This document contains corrections to a notice of proposed rulemaking and notice of public hearing that was published in the Federal Register on Wednesday, February 8, 2006 (71 FR 6421). These proposed regulations affect individuals who practice before the Internal Revenue Service (Circular 230). The proposed amendments modify the general standards of practice before the Internal Revenue Service.

The Coast Guard proposes the establishment of a 1000 foot safety zone around a fireworks display for the Pepsi Americas' Sail 2006 occurring on July 4, 2006, on the Morehead City Harbor, Morehead City, NC. This action is intended to restrict vessel traffic on the Morehead City Harbor. This safety zone is necessary to protect mariners from the hazards associated with fireworks displays.

This emergency rule removes the delay in effectiveness for closing the Hawaii-based shallow-set longline fishery as a result of interaction limits for sea turtles. The intended effect of the emergency action is to afford enhanced protection for sea turtles via timely closure of the fishery.