April 2006 – Federal Register Recent Federal Regulation Documents

The Nuclear Regulatory Commission (NRC) is amending its regulations that govern the export and import of nuclear equipment and material to implement provisions of the Energy Policy Act of 2005 signed into law on August 8, 2005. This amendment will facilitate exports to specified countries of high-enriched uranium for medical isotope production in reactors that are either utilizing low-enriched uranium (LEU) fuel or have agreed to convert to the use of LEU fuel. In addition, this final rule revises the definition of byproduct material to include discrete sources of radium-226, accelerator-produced radioactive material, and discrete sources of naturally occurring radioactive material. Finally, the rule will require specific licenses for exports and imports of radium-226 that meet the threshold values of the International Atomic Energy Agency's Code of Conduct on the Safety and Security of Radioactive Sources.

This action promulgates amendments to certain aspects of startup, shutdown, and malfunction (SSM) requirements affecting sources subject to the national emission standards for hazardous air pollutants (NESHAP) in response to a July 29, 2003 petition to reconsider certain aspects of amendments to the NESHAP General Provisions published on May 30, 2003.

This document proposes to revoke, under the Federal Food, Drug, and Cosmetic Act (FFDCA) section 408(e)(1), the existing exemption from the requirement of a tolerance for residues of the inert ingredient ``wheat bran'' under 40 CFR 180.910. The regulatory action proposed in this document contributes toward the Agency's tolerance reassessment requirements under FFDCA section 408(q), as amended by the Food Quality Protection Act (FQPA) of 1996. By law, EPA is required by August 2006 to reassess the tolerances that were in existence on August 2, 1996. The regulatory action proposed in this document pertains to the proposed revocation of one tolerance which would be counted as a tolerance reassessment toward the August 2006 review deadline.

DoD is extending the comment period for the proposed amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) that were published in the Federal Register of Tuesday, March 21, 2006 (71 FR 14151). The proposed amendments addressed requirements for reporting of Government property in the possession of contractors.

This document provides notice of cancellation of a public hearing on proposed rulemaking relating to the annual filing of Federal employment tax deposits for employees in the Employers' Annual Federal Tax Program (Form 944) under sections 6302 and 31.6302-1 of the Internal Revenue Code.

This document proposes fees for Fiscal Year 2007 and until further notice, as authorized by 49 U.S.C. 30141, relating to the registration of importers and the importation of motor vehicles not certified as conforming to the Federal motor vehicle safety standards (FMVSS). These fees are needed to maintain the registered importer (RI) program.

In response to a Notice of Proposed Rule Making (``Notice ''), this Report and Order dismisses a rulemaking proceeding requesting that Channel 281A, FM Station WRBN, Clayton, Georgia, be reallotted to Sylva, North Carolina, and the license of Station WRBN be modified accordingly. Sutton Broadcasting Corporation (``Sutton''), the proponent of this rulemaking, requested Commission approval for the withdrawal of its Petition for Rule Making and its expression of interest in implementing its rulemaking proposal. Sutton filed a declaration that neither it nor any of its principals has received or will receive any consideration in connection with the withdrawal of its expression of interest in this proceeding.

This document requests comments on a petition for rulemaking filed by Charles Crawford requesting the allotment of Channel 299A at Normangee, Texas. The reference coordinates for Channel 299A at Normangee, Texas, are 30-56-00 NL and 96-11-30 WL. There is a site restriction 13.0 kilometers (8.1 miles) southwest of the community.

We are proposing to amend the regulations pertaining to certain garbage to provide for the interstate movement of garbage from Hawaii subject to measures designed to protect against the dissemination of plant pests into noninfested areas of the continental United States. We are proposing this action upon request in order to provide the State of Hawaii with additional waste disposal options, and after determining that the action would not result in the introduction of plant or animal pests or diseases into the continental United States from Hawaii. We are also proposing to make other amendments to the garbage regulations to clarify their intent and make them easier to understand.

The FAA is adopting a new airworthiness directive (AD) for General Electric Company (GE) CT64-820-4 turboprop engines with certain part number (P/N) rotating parts. The parts are in the compressor rotor assembly, gas generator turbine rotor assembly, and power turbine rotor assembly that are subject to low-cycle fatigue. This AD requires removing from service these affected rotating parts at reduced compliance times. This AD results from the manufacturer's discovery of cracks in some rotating parts. We are issuing this AD to prevent cracks in the rotating parts that could cause compressor and turbine wheel fracture and uncontained engine failure. An uncontained engine failure could cause possible damage to the airplane.

The Coast Guard is establishing a temporary security zone on the waters of the Chesapeake Bay. This action is necessary to provide for the security of a large number of participants during the 2006 Bay Bridge Walk across the William P. Lane, Jr. Memorial Bridge between Sandy Point and Kent Island, Maryland. The security zone will allow for control of a designated area of the Chesapeake Bay and safeguard the public at large.

The purpose of this document is to amend the procedures followed by the National Indian Gaming Commission (Commission) when processing a request under the Freedom of Information Act (FOIA), as amended so that the Commission will be in compliance with the provisions of the amendment to FOIA.

The Agricultural Marketing Service (AMS) amends the voluntary shell egg grading rules by providing that shell eggs must not have been previously shipped for retail sale in order to be officially identified with a USDA consumer grademark; by changing the definition of the term eggs of current production from 30 days to 21 days, thereby making eggs that were laid more than 21 days before the date of packing ineligible to be officially identified with a USDA-consumer grademark; and by adding a definition for the term shipped for retail sale. On April 27, 1998, USDA prohibited the repackaging of eggs packed under USDA's voluntary grading program until the Department could review its policies regarding the repackaging and dating of eggs. Making certain types of eggs ineligible for grading will strengthen the integrity of the USDA grade shield.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to provide language that is consistent with OMB Circular A-76 (Revised), Performance of Commercial Activities, dated May 29, 2003.

This document amends the Federal Acquisition Regulation (FAR) to make an editorial correction.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on an interim rule amending the Federal Acquisition Regulation (FAR) to implement the new Free Trade Agreement with Morocco as approved by Congress (Public Law 108-302). This Free Trade Agreement went into effect January 1, 2006.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed to adopt as final, without change, the interim rule published in the Federal Register at 70 FR 57462, September 30, 2005, to cancel for civilian agencies (except NASA and Coast Guard) the Small Disadvantaged Business (SDB) price evaluation adjustment which was originally authorized under the Federal Acquisition Streamlining Act of 1994. Civilian agencies (except NASA and Coast Guard) are not authorized to apply the price evaluation adjustment to their acquisitions.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on an interim rule amending the Federal Acquisition Regulation (FAR) to implement 22 U.S.C. 7104(g). This statute requires that contracts must include a provision that authorizes the department or agency to terminate the contract, if the Contractor or any subcontractor engages in trafficking in persons.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to require contracting officers to use the Federal Technical Data Solution (FedTeDS) for electronic posting of solicitation-related materials that require control over availability or distribution unless certain exceptions apply.

The Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA'' or ``the Act''), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP'') include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants, or contaminants throughout the United States. The National Priorities List (``NPL'') constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (``EPA'' or ``the Agency'') in determining which sites warrant further investigation. These further investigations will allow EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule proposes to add four new sites to the NPL, all to the General Superfund Section. This rule also proposes to restore one site to the NPL and withdraws one site from proposal to the NPL.

The FAA is adopting a new airworthiness directive (AD) for certain Air Tractor, Inc. (Air Tractor) Models AT-400, AT-401, AT-401B, AT-402, AT-402A, and AT-402B airplanes. This AD requires you to lower the safe life for the wing lower spar cap for certain Models AT-402A and AT-402B airplanes and those that incorporate or have incorporated Marburger Enterprises, Inc. (Marburger) winglets. For Models AT-400, AT-401, AT-401B, AT-402, and certain AT-402A, airplanes, this AD requires you to repetitively inspect the wing lower spar cap in order to reach the safe life. We also developed an alternative method of compliance (AMOC) to the requirements of this Ad for certain Models AT- 402A and AT-402B airplanes. The AMOC includes repetitive eddy current inspections, modification of the center splice connection, and lower spar cap replacement. This AD is the result of reports of cracks in the \3/8\-inch bolt hole of the wing lower spar cap before reaching the approved safe life. We are issuing this AD to prevent fatigue cracks from occurring in the wing lower spar cap before the originally established safe life is reached. Fatigue cracks in the wing lower spar cap, if not detected and corrected, could result in wing separation and loss of control of the airplane.

This final rule amends the definition of ``low-speed vehicle'' (LSV) by increasing the Gross Vehicle Weight Rating (GVWR) limit for the class of LSVs to those vehicles with a GVWR of less than 1,361 kilograms (3,000 pounds).

The Architectural and Transportation Barriers Compliance Board (Access Board) announces its intent to establish an Advisory Committee (Committee) to make recommendations for revisions and updates to accessibility guidelines for telecommunications products and accessibility standards for electronic and information technology. The Access Board requests applications from interested organizations for representatives to serve on the Committee.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This proposed AD would require repetitive inspections to detect cracks in the vertical beam webs of the body station (BS) 178 bulkhead, and corrective actions if necessary. This proposed AD also would require a terminating modification for the repetitive inspections. This proposed AD results from reports of numerous cracks in the vertical beam webs. We are proposing this AD to prevent fatigue cracks in certain vertical beam webs, which could result in loss of structural integrity of the BS 178 bulkhead, and consequently could impair the operation of the control cables for the elevators, speed brakes, and landing gear, or could cause the loss of cabin pressure.

The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations revising the BNG Fuel Solutions Corporation (FuelSolutions\TM\) cask system listing within the ``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 4 to the Certificate of Compliance. Amendment No. 4 would revise Technical Specification (TS) requirements related to periodic monitoring during storage operations. Specifically, the amendment would revise the TS to permit longer surveillance intervals for casks with heat loads lower than the design basis heat load and permit visual inspection of the cask vent screens or measurement of the cask liner temperature to satisfy the periodic monitoring requirements that govern general design criteria for spent fuel storage casks. TS 3.3.1 would be deleted to remove daily monitoring requirements. TS 3.3.2 would be revised for the W21 and W74 canisters to permit either visual inspection of vent screens or liner thermocouple temperature monitoring. Also, TS 5.3.8 would add a section to the Periodic Monitoring Program which establishes intervals for periodic monitoring that are less than the time required to reach the limiting short-term temperature limit. This program would establish administrative controls and procedures to assure that the licensee will be able to determine when corrective action is required. In addition, the amendment would update editorial changes associated with the company name change from BNFL Fuel Solutions Corporation to BNG Fuel Solutions Corporation and make other administrative changes.