March 2006 – Federal Register Recent Federal Regulation Documents

We are issuing this advance notice of proposed rulemaking (``Advance Notice'') as a part of our ongoing effort to address, in the context of the Bank Secrecy Act, the issue of access to banking services by money services businesses. Both the banking industry and the money services business industry have expressed concerns with regard to the impact of Bank Secrecy Act regulations on the ability of money services businesses to open and maintain accounts and obtain other banking services at banks and other depository institutions. Due to the concerns about the effect of regulatory requirements on the provision of banking services to money services businesses, we, through the Non-bank Financial Institutions and the Examinations subcommittees of the Bank Secrecy Act Advisory Group, held a fact-finding meeting on March 8, 2005, to hear directly from banks, other depository institutions, and money services businesses concerning the challenges that they face on this issue. Subsequent to the fact-finding meeting, we took a number of steps to address the concerns raised by these industries, including working together with the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Office of the Comptroller of the Currency, and the Office of Thrift Supervision (collectively, the ``Federal Banking Agencies'') to issue guidance, which was incorporated into the June 2005 Federal Financial Institutions Examination Council Bank Secrecy Act/Anti-Money Laundering Examination Manual. We understand that many banks and other depository institutions (collectively, ``banking institutions'') remain wary of dealing with money services businesses, and that money services businesses continue to experience difficulties in obtaining and maintaining bank accounts and other banking services. This Advance Notice solicits updated facts and recommendations regarding the extent to which ongoing concerns are based in the Bank Secrecy Act, and regarding what additional guidance or regulatory action under the Bank Secrecy Act, if any, would be appropriate to address these concerns.

This document corrects a notice of proposed rulemaking by cross-reference to temporary regulations that was published in the Federal Register on Friday, February 24, 2006 (71 FR 9487) regarding administrative review procedures for certain government agencies and other authorized recipients of tax returns or return information (authorized recipients) whose receipt of returns and return information may be suspended or terminated because they do not maintain proper safeguards.

Among other changes to patent and trademark fees, the Consolidated Appropriations Act, 2005 (Consolidated Appropriations Act), splits the patent application filing fee into a separate filing fee, search fee and examination fee. The Consolidated Appropriations Act also provides that the United States Patent and Trademark Office (Office) may refund part or all of the excess claims fee and the search fee in certain situations. This final rule revises the rules of practice to implement the provisions for refunding the search fee for applicants who file a written declaration of express abandonment before an examination has been made of the application.

EPA is proposing to approve revisions to the Texas State Implementation Plan (SIP). This action approves provisions for alternate language public notice for certain preconstruction permits or permit renewals and provisions for preconstruction permit renewals. It approves SIP revisions that Texas submitted to EPA on August 31, 1993; April 29, 1994; August 17, 1994; and July 22, 1998. The revisions that EPA is approving supplement the current requirements for new construction and modifications and are more stringent than the Federal Clean Air Act (CAA or the Act) and EPA regulations. We are approving the revisions under sections 110 and 116 of the Act as improving the existing SIP.

Base (1% annual-chance) Flood Elevations and modified Base Flood Elevations (BFEs) are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

Base (1% annual-chance) Flood Elevations and modified Base Flood Elevations (BFEs) are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

The FAA is superseding an existing airworthiness directive (AD) that applies to certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. The existing AD currently requires revising the airworthiness limitations section of the Instructions for Continued Airworthiness of the aircraft maintenance manual (AMM) by incorporating procedures for repetitive functional tests of the pilot input lever of the pitch feel simulator (PFS) units. This AD requires new repetitive functional tests of the pilot input lever of the PFS unit, and corrective actions if necessary. After initiating the new tests, this AD also requires removal of the existing procedures for the repetitive functional tests from the AMM. This AD results from a report that the shear pin located in the input lever of two PFS units failed due to fatigue. We are issuing this AD to prevent undetected failure of the shear pin of both PFS units simultaneously, which could result in loss of pitch feel forces and consequent reduced control of the airplane.

Today, EPA is proposing a rule to govern the review and handling of air quality monitoring data influenced by exceptional events. Exceptional events are events for which the normal planning and regulatory process established by the Clean Air Act (CAA) is not appropriate. In this rulemaking action, EPA is proposing to: Implement section 319(b)(3)(B) and section 107(d)(3) authority to exclude air quality monitoring data from regulatory determinations related to exceedances or violations of the National Ambient Air Quality Standards (NAAQS) and avoid designating an area as nonattainment, redesignating an area as nonattainment, or reclassifying an existing nonattainment area to a higher classification if a State adequately demonstrates that an exceptional event has caused an exceedance or violation of a NAAQS. Also, EPA is proposing four options with respect to whether, and to what extent, States should be required to take additional actions to address public health impacts related to the event.

The FAA proposes to adopt a new airworthiness directive (AD) for Turbomeca Arriel 2B, 2B1, and 2B1A turboshaft engines. This proposed AD would require visually inspecting the splines of the high- pressure (HP) pump drive gear shaft and coupling shaft assembly for wear. This proposed AD results from reports of uncommanded in-flight shutdowns of engines. We are proposing this AD to detect wear on the splines of the HP pump drive gear shaft and coupling shaft assembly, which could interrupt the fuel flow and cause an uncommanded in-flight shutdown of the engine on a single-engine helicopter. The in-flight shutdown of the engine could result in a forced autorotation landing or accident.

This document proposes to increase the maximum aggregate civil penalties for violations of the National Traffic and Motor Vehicle Safety Act, as amended. This action would be taken pursuant to the Federal Civil Monetary Penalty Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996, which requires us to review and, as warranted, adjust penalties based on inflation at least every four years. Additionally, this document proposes to codify statutory amendments to our penalty provisions and to make a technical correction to the text of the agency's penalty regulation.

The Coast Guard is establishing permanent fixed security zones in the U.S. navigable waters extending approximately 100 yards around six separate oil refinery piers in the San Francisco Bay area. These security zones are an integral part of the Coast Guard's efforts to protect these facilities and the surrounding areas from destruction or damage due to accidents, subversive acts, or other causes of a similar nature. Entry into the zones is prohibited, unless specifically authorized by the Captain of the Port (COTP) San Francisco Bay, or his designated representative. These zones will be subject to discretionary and random patrol and monitoring by Coast Guard, Federal, state and local law enforcement assets.

The Mine Safety and Health Administration is issuing an emergency temporary standard under section 101(b) of the Federal Mine Safety and Health Act of 1977 in response to the grave danger which miners are exposed to during underground coal mine accidents and subsequent evacuations. The January 2006 mine accidents and fatalities demonstrate the need for the Mine Safety and Health Administration to take additional action that protects miners from the grave danger that they face when they must evacuate a mine after an emergency occurs. This emergency temporary standard includes requirements for immediate accident notification applicable to all underground and surface mines. In addition, this ETS addresses self-contained self-rescuer storage and use; evacuation training; and the installation and maintenance of lifelines in underground coal mines.

This rule was originally published in the Federal Register on October 13, 2005 (70 FR 59654). It implemented Section 105 of the Trafficking Victims Protection Act of 2000, as amended by Trafficking Victims Protection Reauthorization Act of 2003. Because of an inadvertent error in the assignment of the correct part in the Code of Federal Regulations for this rule, the Department of State is redesignating the part from part 96 to part 104. The related section numbers are being redesignated from Sec. Sec. 96.1 and 96.2 to Sec. Sec. 104.1 and 104.2, respectively. There are no substantive or other changes to the regulations themselves.

The Coast Guard is implementing the special local regulations at 33 CFR 100.527 for intercollegiate crew races, marine events to be held April 8, 2006, on the waters of the St. Mary's River at St. Mary's City, Maryland. These special local regulations are necessary to control vessel traffic due to the confined nature of the waterway and expected vessel congestion during the event. The effect will be to restrict general navigation in the regulated area for the safety of event participants, spectators and vessels transiting the event area.

EPA is approving revisions to the Alabama State Implementation Plan (SIP), submitted by the Alabama Department of Environmental Management (ADEM) on September 11, 2003. The revisions include modifications to Alabama's open burning rules found at Alabama Administrative Code (AAC) Chapter 335-3-3-.01. These revisions are part of Alabama's strategy to meet the national ambient air quality standards (NAAQS) by reducing emissions of volatile organic compounds and nitrogen oxides. Open burning creates smoke that contains fine particles (PM2.5) and precursors to ozone. ADEM has found that elevated levels of PM2.5 mirror the months when ozone levels are highest (May- September). These rules are intended to help control levels of PM2.5 and ozone precursors that contribute to high ozone and PM2.5 levels. Today's action is being taken pursuant to section 110 of the Clean Air Act (CAA). In its September 11, 2003, submittal, ADEM also proposed SIP revisions to include changes to AAC Chapter 335-3-4, concerning opacity. EPA is not acting on that part of the revision at this time.

The EPA has treated wet and dry corn milling facilities differently under the Clean Air Act (CAA or Act) depending on whether the facilities in question produce ethanol fuel or ethanol fit for human consumption. In particular, EPA has applied different major source size cut offs to these facilities under the Prevention of Significant Deterioration (PSD) program based on the product these facilities produce. Additionally, when the list of source categories relative to the definition of ``major emitting facility'' was first promulgated on August 7, 1980, this same list was promulgated in the same final regulatory package for determining from which source categories fugitive emissions were to be counted in determining whether a source is a major source. As a result, although two of the regulatory changes being proposed today address the major source threshold for PSD sources, the remaining proposed regulatory changes address when fugitive emissions are counted for purposes of determining whether a source is a major source under the PSD, nonattainment New Source Review (NSR), or title V programs. In today's action, we are requesting public comment on two options under consideration by EPA with respect to corn milling facilities. Under Option 1, EPA would treat wet and dry corn milling facilities in the same manner under the PSD, nonattainment NSR, and title V programs regardless of whether they produce ethanol fuel or ethanol fit for human consumption. If EPA adopts Option 1, EPA would redefine chemical process plants under the definition of ``major emitting facility'' to exclude wet and dry corn milling facilities which produce ethanol fuel. Under Option 2, EPA would retain the current distinction between wet and dry corn milling facilities under these regulatory programs based on whether they produce ethanol fuel or ethanol fit for human consumption. The EPA's preferred option is Option 1. We are requesting comment on these two options and on the revisions that we propose to make if we adopt Option 1.

The FAA is superseding three existing airworthiness directives (ADs) that apply to certain Boeing Model 747 airplanes. The existing ADs currently require repetitive inspections of the body station (BS) 2598 bulkhead, and corrective action if necessary. This new AD adds a requirement to modify the bulkhead, including a one-time inspection and corrective action if necessary, which terminates certain repetitive inspections. This AD also requires a post-modification inspection of the modified area. This AD results from new reports of cracking in all three areas that require inspection in accordance with the existing ADs. We are issuing this AD to prevent fatigue cracking of the BS 2598 bulkhead structure, which could result in inability of the structure to carry horizontal stabilizer flight loads, and loss of controllability of the airplane.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 747-200C, -200F, -400, -400D, and -400F series airplanes. This AD requires repetitive inspections for cracks in the overlapping (upper) skin, upper fastener row of the lap joints of the fuselage skin in sections 41, 42, and 46; and related investigative and corrective actions, if necessary. This AD results from fatigue tests and an analysis that identified areas of the fuselage lap joints where fatigue cracks can occur. We are issuing this AD to detect and correct fatigue cracks in the overlapping (upper) skin, upper fastener row of the lap joints of the fuselage skin in sections 41, 42, and 46, which could adversely affect the structural integrity of the airplane.

This document responds, in part, to petitions for reconsideration of the December 2004 final rule amending our head restraints standard. The amended standard contains new requirements applicable to head restraints voluntarily installed in rear outboard designated seating positions. Because of the time constraints faced by vehicle manufacturers in certifying voluntarily installed rear outboard head restraints to the new requirements, we are bifurcating our response. This document addresses those issues we feel are most time sensitive. In particular, we are responding to those petitions asking the agency to delay the application of the new requirements to voluntarily installed rear outboard head restraints. This final rule delays the date on which the manufacturers must comply with the requirements applicable to head restraints voluntarily installed in rear outboard designated seating positions from September 1, 2008 until September 1, 2010. The remaining petitions for reconsideration will be addressed in a separate notice.

On February 2, 2006, the Commission issued a Notice of Proposed Rulemaking which proposed to amend its regulations to require transmission organizations that are public utilities with organized electricity markets to make available long-term firm transmission rights that satisfy certain guidelines established in this proceeding. 71 FR 6693 (Feb. 9, 2006). The Commission is extending the date for filing reply comments on the proposed rule at the request of the American Public Power Association, the National Rural Electric Cooperative Association and the Transmission Access Policy Study Group.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus transport category airplanes. This proposed AD would require replacing the existing vent float valve with a new improved vent float valve. This proposed AD results from reports of failure of the vent float valve in the left-hand outboard section of the trimmable horizontal stabilizer. We are proposing this AD to prevent, in the event of a lightning strike to the horizontal stabilizer, sparking of metal parts and debris from detached and damaged float vales, or a buildup of static electricity, which could result in ignition of fuel vapors and consequent fire or explosion.

The FAA proposes to adopt a new airworthiness directive (AD). The new AD is for Sandel Avionics Incorporated Model ST3400 terrain awareness warning systems/radio magnetic indicator (TAWS/RMI) units as described above. This proposed AD would require installing a warning placard on the TAWS/RMI, installing upgraded software in the TAWS/RMI, revising the limitations section of the Airplane Flight Manual (AFM), and removing the placard and AFM revision after installing the software. This proposed AD results from a report that an in-flight bearing error occurred in a Model ST3400 TAWS/RMI, due to a combination of input signal fault and software error. We are proposing this AD to prevent a bearing error, which could lead to an airplane departing from its scheduled flight path, which could result in a reduction in separation from, and a possible collision with, other aircraft or terrain.