April 2006 – Federal Register Recent Federal Regulation Documents

The Pension Benefit Guaranty Corporation's regulations on Benefits Payable in Terminated Single-Employer Plans and Allocation of Assets in Single-Employer Plans prescribe interest assumptions for valuing and paying benefits under terminating single-employer plans. This final rule amends the regulations to adopt interest assumptions for plans with valuation dates in May 2006. Interest assumptions are also published on the PBGC's Web site (https://www.pbgc.gov).

EPA issued a final rule in the Federal Register of September 13, 2005, concerning the establishment of pesticide tolerances for residues of the insecticide cyfluthrin in/on several agricultural commodities. This document is being issued to correct omissions concerning the entry for wheat milled by products, except flour.

During a review of Washington's regulations, EPA identified a variety of State-initiated changes to Washington's hazardous waste program under the Resource Conservation and Recovery Act, as amended, (RCRA), for which the State had not previously sought authorization. We have reviewed Washington's changes to its program and have determined that these changes are minor and satisfy all requirements needed to qualify for final authorization, therefore we are authorizing the State-initiated changes through this immediate final action. EPA is publishing this rule to authorize the changes without a prior proposal because we believe this action is not controversial and do not expect comments that oppose it. Unless we receive written comments that oppose this authorization during the comment period, the decision to authorize Washington's changes to its hazardous waste program will take effect June 13, 2006. If we receive comments that oppose this action, EPA will publish a document in the Federal Register withdrawing this rule before it takes effect. EPA will then address public comments in a later final rule based on the proposed rule in today's Federal Register. If we receive comments that oppose only the authorization of a particular change to the State hazardous waste program, we will withdraw that part of today's rule. However, the authorization of program changes that are not opposed by any comments will become effective on the date specified above. A Federal Register withdrawal document will specify which part of the authorization will become effective and which part is being withdrawn. EPA may not provide further opportunity for comment. Any parties interested in commenting on this action must do so at this time. Today's document also makes corrections to the table included in the authorization Federal Register document for Washington published on October 12, 1999.

Because EPA received adverse comment, we are withdrawing the direct final rule amendments to the national emission standards for hazardous air pollutants (NESHAP) for Refractory Products Manufacturing, published in the Federal Register on February 13, 2006. We stated in the direct final rule amendments that if we received adverse comment by March 15, 2006, we would publish a timely notice of withdrawal in the Federal Register. We subsequently received adverse comment on the direct final rule amendments. We will address those comments in a subsequent final action based on the parallel proposal also published on February 13, 2006. As stated in the parallel proposal, we will not institute a second comment period on this action.

We, the Fish and Wildlife Service (Service), under the authority of the Endangered Species Act of 1973 (Act), as amended, have determined that it is appropriate to remove the Arizona distinct population segment (DPS) of the cactus ferruginous pygmy-owl (Glaucidium brasilianum cactorum) (pygmy-owl) from the Federal List of Endangered and Threatened Wildlife and, accordingly, also remove designated critical habitat for this DPS found in the Code of Federal Regulations (CFR) at 50 CFR 17.95. Additionally, we are withdrawing the proposed rule to designate new critical habitat for the Arizona DPS of the pygmy-owl (67 FR 7103, November 27, 2002). The Arizona DPS of the pygmy-owl was listed as endangered on March 10, 1997 (62 FR 10730), and critical habitat was designated on July 12, 1999 (64 FR 37419). On January 9, 2001, a coalition of plaintiffs filed a lawsuit with the District Court of Arizona challenging the validity of our listing of the pygmy-owl as a DPS and the designation of its critical habitat. After the District Court remanded the designation of critical habitat (National Association of Home Builders et al. v. Norton, Civ.-00-0903- PHX-SRB), we proposed a new critical habitat designation on November 27, 2002 (67 FR 7103). Ultimately, as a result of this lawsuit, the United States Court of Appeals for the Ninth Circuit issued an opinion on August 19, 2003, stating that ``the FWS acted arbitrarily and capriciously in designating the Arizona pygmy-owl population as a DPS under the DPS Policy'' (National Association of Homebuilders v. Norton, 340 F.3d 835, 852 (9th Cir. 2003)). In light of the Ninth Circuit's opinion, we have reassessed the application of the DPS significance criteria to the Arizona population of the pygmy-owl. Based on a review of the available information and science, the public comments received during the public comment period, and our DPS policy, we do not believe that the Arizona DPS of the pygmy-owl qualifies as an entity that can be listed under the Act.

This action proposes to amend Control 1234L, Offshore Airspace Area in Alaska. Specifically, this action proposes to modify Control 1234L in the immediate vicinity of the Saint Paul Island Airport, AK, by lowering the airspace floor from 2,000 feet above ground level (AGL) to 700 AGL. Additionally, outside the vicinity of the airport this proposal lowers the airspace floor from 2,000 AGL to 1,200 feet AGL within a 73-mile radius of the St. Paul Island Airport. The FAA is proposing this action to provide additional controlled airspace for aircraft instrument operations (IFR) at the St. Paul Island Airport.

The Coast Guard proposes to change the regulations that govern the operation of the SR 175 Bridge, at mile 3.5, at Chincoteague, Virginia. The proposal would allow the bridge to open on demand from midnight to 6 a.m., and every hour and a half from 6 a.m. to midnight; except from 7 a.m. to 5 p.m., on the last consecutive Wednesday and Thursday in July, the draw need not be opened. The proposed change would reduce vehicular traffic congestion to increase public safety and to extend the structural and operational integrity of the movable span while still balancing the needs of marine and vehicular traffic.

The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations that govern export and import of nuclear material and equipment concerning the use of NRC Form 7, ``Application for NRC Export/Import License, Amendment, or Renewal.'' Recently, the Commission revised NRC Form 7 to consolidate all license requests (i.e., applications for export, import, combined export/import, amendments and renewals) in one application form. Previously, NRC Form 7 was used only for applications for export of nuclear material and equipment. Import license applications, production or utilization facility export applications, and license amendment and renewal applications were filed by letter. As a result of the revision, these requests, previously made by letter, now would be made using NRC Form 7. The purpose of this proposed change is to amend the regulations that govern export and import of nuclear material and equipment to reflect that all license requests are to be made using NRC Form 7, as revised.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus Model A319, A320, and A321 airplanes. This proposed AD would require a detailed inspection for cracks and marks on the carbon blades of the ram air turbine (RAT), and replacement of the RAT with a new or serviceable RAT if necessary. This proposed AD results from a report of three chord-wise cracks on the aft side of one carbon blade of a certain RAT. We are proposing this AD to detect and correct cracks and/or marks on the RAT carbon blades, which could result in reduced structural integrity of the carbon blade, and consequent loss of the RAT as a source of hydraulic and electrical power in an emergency.

The FAA proposes to adopt a new airworthiness directive (AD) for certain transport category airplanes, identified above. This proposed AD would require installing a bonding jumper from the boost pump volute to the fuel tank structure, and related investigative/ corrective actions. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent point-contact arcing or filament heating in the fuel tank, which, in the event of a short or ground fault inside the fuel tank, could result in a fuel tank explosion and consequent loss of the airplane.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Boeing Model 737 series airplanes. The existing AD currently requires inspection of the elevator tab inboard hinge support structure to detect fatigue cracking and corrective action if necessary. That AD also provides an optional terminating action. This proposed AD would add airplanes to the applicability and would require new repetitive inspections. For airplanes having elevators with laminated rear spars, this proposed AD would require repetitive inspections for interlaminar corrosion, delamination, or disbonding in the rear spar, repetitive inspections for cracking in the spar web, and repair including related investigative/corrective actions if necessary. For airplanes having elevators with solid rear spars, this proposed AD would require repetitive inspections for cracking in the spar web and repair including related investigative/corrective actions if necessary. This proposed AD results from reports of cracks in the elevator rear spar web at the tab hinge bracket locations. We are proposing this AD to detect and correct cracking, corrosion, interlaminar corrosion, delamination, and disbonding in the elevator rear spar, which may reduce elevator stiffness and lead to in-flight vibration. In-flight vibration may lead to elevator and horizontal stabilizer damage and reduced controllability of the airplane.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the proposed rule to designate critical habitat for the Laguna Mountains skipper (Pyrgus ruralis lagunae) under the Endangered Species Act of 1973, as amended (Act). This action will provide all interested parties with an additional opportunity to submit written comments on the proposed designation. Comments previously submitted need not be resubmitted as they have already been incorporated into the public record and will be fully considered in any final decision. We also will hold two public hearings on this proposed designation of critical habitat.

The Commander, Eleventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Benicia-Martinez Railroad Drawbridge across the Carquinez Strait, mile 7.0, between Benicia and Martinez, CA. This deviation allows the bridge to remain in the closed-to-navigation position during the deviation period. This deviation is necessary for the bridge owner, Union Pacific Railroad Company, to perform essential cable replacement and repair work at the bridge.

We are amending the nursery stock regulations to allow the importation of small lots of seed under an import permit with specific conditions, as an alternative to the current phytosanitary certificate requirement. This change is necessary because several entities that import small lots of seedindividual importers, scientists, horticultural societies, arboreta, and small businesseshave had difficulty obtaining the necessary certificates and have been adversely affected by the phytosanitary certificate requirement. The change makes it feasible for those entities to import small lots of seed and ensures prompt and consistent service for such importers while continuing to protect against the introduction of plant pests into the United States and providing the Animal and Plant Health Inspection Service with necessary information about the quality, quantity, and diversity of the imported material.

The United States Department of Agriculture (USDA) invites comments from producers, handlers, processors, food manufacturers, exporters, consumers, scientists, industry representatives, and all other interested parties on how USDA should address the relationship between ruminant animals, particularly dairy animals, and pasture or land used for grazing under the NOP regulations. During the development of the NOP, and since its implementation, various parties, including the National Organic Standards Board (NOSB), have expressed concern about the role of pasture in organic management of ruminant animals particularly dairy animals. The NOP is authorized by the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) (OFPA). The Agricultural Marketing Service (AMS) administers the NOP. Under the NOP, AMS oversees national standards for the production and handling of organically produced agricultural products. This action is being taken by AMS to ensure that NOP regulations are clear and consistent, stimulate growth of the organic sector, satisfy consumer expectations, and allow organic producers and handlers flexibility in making site-specific, real-time management decisions.

This amendment adopts a new airworthiness directive (AD) for Eurocopter France (Eurocopter) Model SA-360C, SA-365C, SA-365C1, and SA-365C2 helicopters. This action requires inspecting the main gearbox (MGB) base plate for a crack and replacing the MGB if a crack is found. This amendment is prompted by the discovery of a crack in a MGB base plate. The actions specified in this AD are intended to detect a crack in a MGB base plate and prevent failure of one of the MGB attachment points to the frame, which could result in severe vibration and subsequent loss of control of the helicopter.

The Office of the Secretary is revising regulations found at 43 CFR 5.1 to allow implementation of legislation that directs the establishment of a reasonable fee for commercial filming activities or similar projects and still photography where a permit is required.

The Coast Guard is establishing a temporary safety zone in the Sturgeon Bay Ship Canal in Sturgeon Bay, WI. This zone is intended to restrict vessels from a portion of the Sturgeon Bay Ship Canal during the Maple-Oregon Bridge Boring Program. This temporary safety zone is necessary to protect vessels from hazards associated with underwater drilling operations.

EPA is approving revisions to the Tennessee State Implementation Plan (SIP), submitted by the Tennessee Department of Environment and Conservation (TDEC) on September 7, 1998. This revision adds 16 compounds to the list of compounds excluded from the definition of ``Volatile Organic Compound'' (VOC).

This document corrects an error in the language of a final rule pertaining to EPA's approval granting the Commonwealth of Massachusetts the authority to implement and enforce its perchloroethylene air emissions regulations in place of the Federal dry cleaning NESHAP for area sources.

The FAA is adopting a new airworthiness directive (AD) for Sicma Aero Seat (formerly Farner) cabin attendant seats series 150 type FN and series 151 type WN. This AD requires installing two protection fairings over the upper seat structure to cover the gap between the upper and lower seats and prevent any contact with the bottom seat folding mechanisms. This AD results from a child catching its fingers in the folding mechanism of the bottom of the attendant seat. We are issuing this AD to prevent injury resulting from contact with the bottom folding mechanism.

We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for the California red-legged frog (Rana aurora draytonii) pursuant to the Endangered Species Act of 1973, as amended (Act). We are further finalizing a special rule associated with final listing of the California red-legged frog as threatened for existing routine ranching activities pursuant to section 4(d) of the Act. In total, approximately 450,288 acres (ac) (182,225 hectares (ha)) fall within the boundaries of the critical habitat designation. The critical habitat is located in Alameda, Butte, Contra Costa, El Dorado, Kern, Los Angeles, Marin, Merced, Monterey, Napa, Nevada, San Benito, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Solano, Ventura and Yuba counties, California.

The FAA is revising an earlier NPRM for an airworthiness directive (AD) that applies to all Short Brothers Model SD3 airplanes. The original NPRM would have required installing additional fuel tank bonding jumpers, performing an in-place resistance check of the float switches, inspecting certain internal components of the fuel tanks, and performing related corrective actions if necessary. The original NPRM would have also required revisions to the Airworthiness Limitations section of the Instructions for Continued Airworthiness, and to the airplane flight manual procedures for operation during icing conditions and fuel system failures. The original NPRM resulted from fuel system reviews conducted by the manufacturer. This action revises the original NPRM by adding service information. We are proposing this supplemental NPRM to prevent ignition sources inside the fuel tanks, which could lead to fire or explosion.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement provisions of annual appropriations acts that authorize an exemption from the Buy American Act for the acquisition of commercial information technology.