April 27, 2006 – Federal Register Recent Federal Regulation Documents

Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; VOC and NOX
Document Number: E6-6366
Type: Proposed Rule
Date: 2006-04-27
Agency: Environmental Protection Agency
EPA proposes to approve revisions to the Pennsylvania State Implementation Plan (SIP). The revisions were submitted by the Pennsylvania Department of Environmental Protection (PADEP) to establish and require reasonably available control technology (RACT) for eight major sources of volatile organic compounds (VOC) and nitrogen oxides (NOX) pursuant to the Commonwealth of Pennsylvania's (Pennsylvania or the Commonwealth) SIP-approved generic RACT regulations. EPA is proposing to approve these revisions in accordance with the Clean Air Act (CAA).
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; NOX
Document Number: E6-6364
Type: Proposed Rule
Date: 2006-04-27
Agency: Environmental Protection Agency
EPA proposes to approve revisions to the Pennsylvania State Implementation Plan (SIP). The revisions were submitted by the Pennsylvania Department of Environmental Protection (PADEP) to establish and require reasonably available control technology (RACT) for seven sources of volatile organic compounds (VOC) and one source of nitrogen oxides (NOX) pursuant to the Commonwealth of Pennsylvania's (Pennsylvania or the Commonwealth) SIP-approved generic RACT regulations. EPA is proposing to approve these revisions in accordance with the Clean Air Act (CAA).
State-Administered Programs
Document Number: E6-6355
Type: Proposed Rule
Date: 2006-04-27
Agency: Department of Education
The Secretary proposes to amend the regulations in 34 CFR part 76 governing State reporting requirements. States are required to submit their performance reports, financial reports, and any other required reports, in the manner prescribed by the Secretary, including through electronic submission, if the Secretary has obtained approval from the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (PRA). The amendments proposed in this notice would provide that: (1) Failure to submit these reports in the manner prescribed by the Secretary constitutes a failure, under section 454 of the General Education Provisions Act, 20 U.S.C. 1234c, to comply substantially with a requirement of law applicable to the funds made available under the program for which the reports are submitted; and (2) if the Secretary chooses to require submission of information electronically, the Secretary may establish a transition period during which a State would not be required to submit such information electronically in the format prescribed by the Secretary, if the State meets certain requirements. The Secretary proposes these changes to the regulations in 34 CFR part 76 to highlight that the U.S. Department of Education (Department) may require, through the PRA clearance process, that States report certain information electronically; and to establish that the Department may take administrative action against a State for failure to submit reports in the manner prescribed by the Secretary. The proposed changes will facilitate the use of the Department's electronic EDFacts data management system (EDFacts) (Approved under OMB Control No. 1880-0541) for electronic submission of certain reports and provide the Department with more timely and accessible data for accountability and decision-making. The Department's goal in requiring electronic submission of information is to reduce State reporting burden significantly and to streamline dozens of data collections currently required by the Department.
Update of Linear Right-of-Way Rental Schedule
Document Number: E6-6338
Type: Proposed Rule
Date: 2006-04-27
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
The Bureau of Land Management (BLM) requests comments and suggestions to assist in the writing of a proposed rule to update the linear right-of-way rental schedule in 43 CFR parts 2800 and 2880. The rental schedule covers most linear rights-of-way granted under section 28 of the Mineral Leasing Act of 1920, as amended (MLA), and Title V of the Federal Land Policy and Management Act of 1976, as amended (FLPMA). Both laws require the holder of a right-of-way to pay annually, in advance, the fair market value to occupy, use, or traverse public lands for facilities such as power lines, fiber optic lines, pipelines, roads, and ditches. Section 367 of the Energy Policy Act of 2005 (the Act) directs the Secretary of the Interior to update the per-acre rental fee schedule found in 43 CFR 2806.20. This update is to be completed not later than one year after the date of enactment of the Act, which occurred on August 8, 2005. The Act requires that the BLM revise the per-acre rental fee-zone value schedule by state, county, and type of linear right-of-way use to reflect current land values in each zone. The Act also requires the Secretary of Agriculture (Forest Service) to make the same revisions for rights-of-way on National Forest System lands. We encourage members of the public to provide comments and suggestions to help with updating the BLM's and the Forest Service's rental schedule, as described in the Act.
Electronic Payment of Royalties
Document Number: E6-6186
Type: Proposed Rule
Date: 2006-04-27
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office is proposing to amend its rules governing the submission of royalty fees to the Copyright Office to require such payments to be made by electronic funds transfer.
National Organic Program-Revisions to Livestock Standards Based on Court Order (Harvey v. Johanns) and 2005 Amendment to the Organic Foods Production Act of 1990 (OFPA)
Document Number: 06-4006
Type: Proposed Rule
Date: 2006-04-27
Agency: Agricultural Marketing Service, Department of Agriculture
This proposed rule amends the National Organic Program (NOP) regulations to comply with the final judgment in the case of Harvey v. Johanns (Harvey) issued on June 9, 2005, by the U.S. District Court, District of Maine, and to address the November 10, 2005, amendment made to the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq., the OFPA), concerning the transition of dairy livestock into organic production. Further, this proposed rule amends the NOP regulations to clarify that only nonorganically produced agricultural products listed in the NOP regulations may be used as ingredients in or on processed products labeled as ``organic'' or ``made with organic (specified ingredients or food group(s)).'' In accordance with the final judgment in Harvey, the revision emphasizes that only the nonorganically produced agricultural ingredients listed in the NOP regulations can be used in accordance with any specified restrictions and when the product is not commercially available in organic form. To comply with the court order in Harvey, USDA is required to publish final revisions to the NOP regulations within 360 days of the court order, or by June 4, 2006. Accordingly, this proposed rule amends the NOP regulations to eliminate the use of up to 20 percent nonorganically produced feed during the first 9 months of the conversion of a whole dairy herd from conventional to organic production. This proposed rule also addresses the amendment made to the OFPA concerning the transition of dairy livestock into organic production by allowing crops and forage from land included in the organic system plan of a dairy farm that is in the third year of organic management to be consumed by the dairy animals of the farm during the 12-month period immediately prior to the sale of organic milk and milk products.
Airworthiness Directives; MD Helicopters, Inc. Model 600N Helicopters
Document Number: 06-3986
Type: Rule
Date: 2006-04-27
Agency: Federal Aviation Administration, Department of Transportation
This amendment supersedes an existing airworthiness directive (AD) for the MD Helicopters, Inc. (MDHI) Model 600N helicopters, that currently requires inspecting both upper tailboom attachment fittings, nut plates and both angles for a crack or thread damage, and repairing or replacing any cracked or damaged part. That AD also requires replacing the upper right tailboom attachment bolt with a new attachment bolt, and if the upper right attachment bolt is broken, replacing the three remaining attachment bolts with airworthy bolts. Adding a washer to each bolt and modifying both access covers is also required. Thereafter, inspecting the upper tailboom attachments and repairing or replacing any cracked part is required by that AD. That AD was prompted by the discovery of a cracked attachment bolt on a helicopter. This AD requires those same actions, plus installing additional inspection holes in the aft fuselage skin panels and inspecting the upper and lower tailboom attachment fittings, the upper longerons, and the angles and nut plates for cracks. It also requires, within a specified time, replacing the upper right tailboom attachment fitting, painting the inspection area, and replacing existing nut plates. Additionally, it requires inspecting the attachment bolts for any damage or wear. This amendment is prompted by an accident involving a Model 600N helicopter. The actions specified by this AD are intended to prevent failure of the tailboom attachment fittings, separation of the tailboom from the helicopter, and subsequent loss of control of the helicopter.
States Approved To Receive Stallions and Mares From CEM-Affected Regions; Indiana
Document Number: 06-3985
Type: Rule
Date: 2006-04-27
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the animal importation regulations by adding Indiana to the lists of States approved to receive certain stallions and mares imported into the United States from regions affected with contagious equine metritis (CEM). We are taking this action because Indiana has entered into an agreement with the Administrator of the Animal and Plant Health Inspection Service to enforce its State laws and regulations to control CEM and to require inspection, treatment, and testing of horses, as required by Federal regulations, to further ensure the horses' freedom from CEM. This action relieves unnecessary restrictions on the importation of mares and stallions from regions where CEM exists.
Tuberculosis in Captive Cervids; Extend Interval for Conducting Reaccreditation Test
Document Number: 06-3984
Type: Rule
Date: 2006-04-27
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the regulations regarding tuberculosis in captive cervids by extending, from 2 years to 3, the term for which accredited herd status is valid and increasing by 12 months the interval for conducting the reaccreditation test required to maintain the accredited tuberculosis-free status of cervid herds. We are also reducing, from three tests to two, the number of consecutive negative official tuberculosis tests required of all eligible captive cervids in a herd before a herd can be eligible for recognition as an accredited herd. These actions will reduce testing costs for herd owners, lessen the potential for animal injury or death during testing, and lower administrative costs for State and Federal regulatory agencies. In addition, we are amending the regulations by removing references to the blood tuberculosis test for captive cervids, as that test is no longer used in the tuberculosis eradication program for captive cervids. This change updates the regulations so that they refer only to those official tests currently in use.
Filing of Applications and Requirements for Widow's and Widower's Benefits
Document Number: 06-3983
Type: Rule
Date: 2006-04-27
Agency: Social Security Administration, Agencies and Commissions
We are revising one of our regulations to clarify that we will protect a title II claimant's filing date as of the date the claimant or other proper applicant on the claimant's behalf completes and transmits to the Social Security Administration (SSA) the Personal Information Identification data on the Internet Social Security Benefit Application (ISBA). This revision addresses an aspect of implementing the ISBA to provide certain rights to Internet filers that we afford to other filers. In addition, we are correcting one word in a different title II regulation. The revision is necessary to correctly reflect the circumstances under which a claimant for widow's or widower's benefits as the insured person's surviving divorced spouse would be considered ``unmarried.''
New Animal Drugs for Use in Animal Feeds; Lasalocid and Chlortetracycline
Document Number: 06-3953
Type: Rule
Date: 2006-04-27
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a new animal drug application (NADA) filed by Alpharma Inc. The NADA provides for use of approved single-ingredient Type A medicated articles containing lasalocid and chlortetracycline to formulate two-way, combination drug Type B and Type C medicated feeds for pasture cattle and cattle fed in confinement for slaughter.
Establishment of Class E Enroute Domestic Airspace Area, Vandenberg AFB, CA
Document Number: 06-3948
Type: Rule
Date: 2006-04-27
Agency: Federal Aviation Administration, Department of Transportation
This document confirms the effective date of the direct final rule which establishes a Class E enroute domestic airspace area, Vandenberg AFB, CA, to replace existing Class G uncontrolled airspace.
Special Conditions: Airbus Model A380-800 Airplane; Discrete Gust Requirements
Document Number: 06-3947
Type: Rule
Date: 2006-04-27
Agency: Federal Aviation Administration, Department of Transportation
This document corrects an error that appeared in Docket No. NM316, Special Conditions No. 25-312-SC, which were published in the Federal Register on January 24, 2006 (71 FR 3753). The error is in the Special Conditions No. and is being corrected herein.
OMB Approvals Under the Paperwork Reduction Act; Technical Amendment
Document Number: 06-3900
Type: Rule
Date: 2006-04-27
Agency: Environmental Protection Agency
In compliance with the Paperwork Reduction Act (PRA), this technical amendment amends the table that lists the Office of Management and Budget (OMB) control numbers issued under the PRA for Motor Vehicle Emission and Fuel Economy Compliance; Light Duty Vehicles, Light Duty Trucks, and Highway Motorcycles.
Revision of Fruits and Vegetables Import Regulations
Document Number: 06-3897
Type: Proposed Rule
Date: 2006-04-27
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to revise and reorganize the regulations pertaining to the importation of fruits and vegetables to consolidate requirements of general applicability and eliminate redundant requirements, update terms and remove outdated requirements and references, update the regulations that apply to importations into territories under U.S. administration, and make various editorial and nonsubstantive changes to regulations to make them easier to use. We are also proposing to make substantive changes to the regulations, including: Establishing criteria within the regulations that, if met, would allow us to approve certain new fruits and vegetables for importation into the United States and to acknowledge pest-free areas in foreign countries more effectively and expeditiously; doing away with the practice of listing specific commodities that may be imported subject to certain types of phytosanitary measures; and providing for the issuance of special use permits for fruits and vegetables. These changes are intended to simplify and expedite our processes for approving certain new imports and pest-free areas while continuing to allow for public participation in the processes. This proposal, if adopted, would represent a significant structural revision of the fruits and vegetables import regulations and would establish a new process for approving certain new commodities for importation into the United States. It would not, however, allow the importation of any specific new fruits or vegetables, nor would it alter the conditions for importing currently approved fruits or vegetables except as specifically described in this document. To the extent to which trading partners consider the time it takes to conduct the rulemaking process a trade barrier, by reducing that time, these proposed changes may facilitate the export of U.S. agricultural commodities. The proposed changes would not alter the manner in which the risk associated with a commodity import request is evaluated, nor would it alter the manner in which those risks are ultimately mitigated.
Chemical Weapons Convention Regulations
Document Number: 06-3747
Type: Rule
Date: 2006-04-27
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
On April 25, 1997, the United States ratified the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, also known as the Chemical Weapons Convention (CWC or Convention). The Bureau of Industry and Security (BIS) published an interim rule, on December 30, 1999, that established the Chemical Weapons Convention Regulations (CWCR) to implement the provisions of the CWC affecting U.S. industry and other U.S. persons. The CWCR include requirements to report certain activities, involving scheduled chemicals and unscheduled discrete organic chemicals, and to provide access for on-site verification by international inspectors of certain facilities and locations in the United States. This final rule updates the CWCR to remove outdated provisions and include additional requirements identified in the implementation of the CWC and by clarifying other CWC requirements.
Energy Conservation Program: Test Procedures for Distribution Transformers
Document Number: 06-3165
Type: Rule
Date: 2006-04-27
Agency: Department of Energy, Office of Energy Efficiency and Renewable Energy, Energy Efficiency and Renewable Energy Office
Pursuant to Sections 323(b)(10) and 346(a) of the Energy Policy and Conservation Act, as amended, (EPCA or the Act), 42 U.S.C. 6293(b)(10) and 6317(a), the Department of Energy (DOE or the Department) promulgates a rule prescribing test procedures for measuring the energy efficiency of distribution transformers under EPCA, definitions to delineate the products covered by the test procedures, provisions (including a sampling plan) manufacturers must use to implement the test procedures, provisions to allow manufacturers to use calculation methods to determine the efficiency of some of their models, and enforcement testing for distribution transformers. The Department will use the new test procedures in evaluating what energy conservation standards are warranted for distribution transformers other than the low-voltage dry-type. When DOE promulgates such standards, then the test procedures and other provisions adopted today will be used to determine the efficiencies and assess compliance of the transformers subject to these standards. For low-voltage dry-type distribution transformers, the new standards prescribed for them in section 325(y) of EPCA, 42 U.S.C. 6295(y), go into effect on January 1, 2007, and all of the provisions of today's rule will become applicable to those transformers at that time.
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