April 2006 – Federal Register Recent Federal Regulation Documents

This document sets forth a proposal to amend the FM Table of Allotments, section 73.202(b) of the Commission's rules. The Audio Division requests comment on a petition filed by KERM, Inc. pursuant to section 1.420(i) of the Commission's rules. Petitioner proposes to change the community of license for Station KURM-FM from Southwest City, Missouri, to Gravette, Arkansas, and to change the FM Table of Allotments by deleting Channel 262A at Southwest City, Missouri, and by adding Channel 262A at Gravette, Arkansas, as the community's first local aural broadcast service. The proposed coordinates for Channel 262A at Gravette, Arkansas, are 36-25-54 NL and 94-30-46 WL. The allotment will require a site restriction of 5.4 km (3.4 miles) west of Gravette.

The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the AK Railroad Bridge, at mile 11.6, across Arthur Kill, between Elizabeth, New Jersey, and Staten Island, New York. This deviation allows the bridge to remain in the closed position from 10 a.m. to 2 p.m. on April 15, 2006, from 10:30 a.m. to 2:30 p.m. on April 22, 2006, and from 10:42 a.m. to 2:44 p.m. on April 29, 2006. This deviation is necessary in order to facilitate railroad track maintenance.

This document announces the effective date of the rules published in the Federal Register on July 6, 2005. The rules eliminate paper filings and require applicants to file electronically all applications and other filings related to international telecommunications services that can be filed through the International Bureau Filing System (IBFS).

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 ft (18.3 meters (m)) length overall (LOA) using pot or hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2006 Pacific cod total allowable catch (TAC) allocated to catcher vessels less than 60 ft (18.3 m) LOA using pot or hook-and-line gear in the BSAI.

This interim final rule with comment period will modify the current Graduate Medical Education (GME) regulations as they apply to Medicare GME affiliations to provide for greater flexibility during times of disaster. Specifically, this rule will implement the emergency Medicare GME affiliated group provisions that will address issues that may be faced by certain teaching hospitals in the event that residents who would otherwise have trained at a hospital in an emergency area (as that term is defined in section 1135(g) of the Social Security Act (the Act)) are relocated to alternate training sites.

This document contains a correction to a temporary regulation (TD 9191) that was published in the Federal Register on Friday, March 18, 2005 (70 FR 13100), relating to the time and manner of making section 163(d)94)(B) election to treat qualified dividend income as investment income.

This regulation establishes a tolerance for combined residues of pendimethalin, [N-(1-ethylpropyl)-3,4-dimethyl-2,6- dinitrobenzenamine], and its metabolite 4-[(1-ethylpropyl)amino]-2- methyl-3,5-dinitrobenyzl alcohol in or on carrots; spearmint, tops; peppermint, tops; spearmint, oil; peppermint, oil; fruit, citrus, group 10, citrus, oil; almond, hulls; nut, tree group 14. Interregional Research Project Number 4 requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).

DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update text regarding the application of labor laws to Government contracts. This rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.

DoD has adopted as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a statutory prohibition on foreign taxation under contracts funded by U.S. assistance programs. The rule addresses the responsibilities of the contractor and the contracting officer regarding the prohibition.

EPA is proposing to approve revisions to the Arizona Department of Environmental Quality (ADEQ) portion of the Arizona State Implementation Plan (SIP). These revisions concern procedures for the calculation of sulfur emissions from copper smelters. We are proposing to approve a local rule that helps regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

EPA is taking direct final action to approve revisions to the Arizona Department of Environmental Quality (ADEQ) portion of the Arizona State Implementation Plan (SIP). These revisions concern procedures for the calculation of sulfur emissions from copper smelters. We are approving a local rule that helps regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

This regulation establishes a tolerance for combined residues of emamectin and its metabolites in or on pome fruit (crop group 11). It also revises the combined residues of emamectin and its metabolites in or on various livestock commodities. Syngenta Crop Protection requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).

The Federal Election Commission is amending its rules to include paid advertisements on the Internet in the definition of ``public communication.'' These final rules implement the recent decision of the U.S. District Court for the District of Columbia in Shays v. Federal Election Commission, which held that the previous definition of ``public communication'' impermissibly excluded all Internet communications. The revised definition of ``public communication'' includes paid Internet advertising placed on another person's website, but does not encompass any other form of Internet communication. The Commission is also re-promulgating without change its definition of ``generic campaign activity'' and amending the scope of its disclaimer regulations, both of which incorporate the revised definition of ``public communication.'' Additionally, the Commission is adding new exceptions to the definitions of ``contribution'' and ``expenditure'' to exclude Internet activities and communications that qualify as individual activity or that qualify for the ``media exemption.'' These final rules are intended to ensure that political committees properly finance and disclose their Internet communications, without impeding individual citizens from using the Internet to speak freely regarding candidates and elections. Further information is provided in the Supplementary Information that follows.

EPA is proposing to allocate essential use allowances for import and production of class I stratospheric ozone depleting substances (ODSs) for calendar year 2006. Essential use allowances enable a person to obtain controlled class I ODSs as part of an exemption to the regulatory ban on the production and import of these chemicals which became effective as of January 1, 1996. EPA allocates essential use allowances for exempted production or import of a specific quantity of class I ODS solely for the designated essential purpose. The proposed allocations total 1,002.40 metric tons of chlorofluorocarbons (CFCs) for use in metered dose inhalers for 2006.

The FAA withdraws a notice of proposed rulemaking (NPRM) that proposed a new airworthiness directive (AD) for certain Gulfstream Model GV-SP series airplanes. The proposed AD would have required an inspection to determine the serial number of the anti-skid control unit (ACU) in the right electronics equipment rack, and replacement of the ACU with a new or serviceable ACU if necessary. Since the proposed AD was issued, we have received new data that indicate the identified unsafe condition has been corrected on all airplanes that would have been affected by the NPRM, and on all ACUs in the affected range of serial numbers. Accordingly, the proposed AD is withdrawn.

This notice proposes special conditions for the Airbus A380- 800 airplane. This airplane will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. Many of these novel or unusual design features are associated with the complex systems and the configuration of the airplane, including its full- length double deck. For these design features, the applicable airworthiness regulations do not contain adequate or appropriate safety standards regarding a reinforced flightdeck bulkhead. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish an appropriate level of safety for a reinforced flightdeck bulkhead and are equivalent to the standards established by existing airworthiness regulations for the flightdeck door. Additional special conditions will be issued for other novel or unusual design features of the Airbus Model A380-800 airplane.

This proposed rule would revise the regulations governing the sampling, inspection, weighing, and certification for rice by increasing certain fees charged for the services by approximately 18 percent. Further, the rice fees would be increased an additional 3 percent each year through fiscal year 2010 and establish a stowage examination fee. These revisions are necessary in order to recover, as nearly as practicable, the costs of performing these services under the Agricultural Marketing Act of 1946 (AMA).

This action amends the airworthiness standards for new designs and significant product changes for transport category airplanes concerning flight guidance systems. The standards address the performance, safety, failure protection, alerting, and basic annunciation of these systems. This rule is necessary to address flight guidance system vulnerabilities and to consolidate and standardize regulations for functions within those systems. In addition, this rule updates the current regulations regarding the latest technology and functionality. Adopting this rule eliminates significant regulatory differences between the U.S. and European airworthiness standards.

The Environmental Protection Agency (EPA) is proposing to exempt entities that import aircraft fire extinguishing spherical pressure vessels containing halon-1301 (``aircraft halon bottles'') for hydrostatic testing from the import petitioning requirements for used controlled substances. The petitioning requirements compel importers to submit detailed information to the Administrator concerning the origin of the substance at least forty working days before a shipment is to leave a foreign port of export. This action proposes to reduce the administrative burden on entities that are importing aircraft halon- 1301 bottles for the purpose of maintaining these bottles to commercial safety specifications and standards set forth in Federal Aviation Authority airworthiness directives. This action does not propose to exempt entities importing bulk quantities of halon-1301 in containers that are not being imported for purposes of hydrostatic testing. In the ``Rules and Regulations'' section of today's Federal Register, we are creating this exemption as a direct final rule without prior proposal because we view this as a noncontroversial action and anticipate no adverse comment. We have explained our reasons for this exemption in the preamble to the direct final rule. If we receive no adverse comment, we will not take further action on this proposed rule. If we receive adverse comment, we will withdraw the direct final rule and it will not take effect. We will address all public comments in a subsequent final rule based on this proposed rule. We will not institute a second comment period on this action. Any persons interested in commenting must do so at this time.

The Farm Credit Administration (FCA) published a final rule under parts 611, 612, 614, 615, 618, 619, 620, and 630 on February 2, 2006 (71 FR 5740). This final rule amends our regulations affecting the governance of the Farm Credit System (System). The final rule enhances impartiality and disclosure in the election of directors; requires that Farm Credit banks and associations establish policies identifying desirable director qualifications; requires boards to have a director or an advisor who is a financial expert; requires System institutions to establish director training procedures; and ensures that boards conduct annual self-evaluations. The final rule addresses the term of service and removal of outside directors, while requiring all Farm Credit banks and associations with assets over $500 million to have at least two outside directors. The rule also provides associations with small boards an exemption from having at least two outside directors. The rule further requires that Farm Credit banks and associations have nominating committees and that all System institutions have audit and compensation committees. The final rule clarifies the current rule on disclosure of conflicts of interest and compensation. The final rule does not apply to the Federal Agricultural Mortgage Corporation (FAMC). In accordance with 12 U.S.C. 2252, the effective date of the final rule is 30 days from the date of publication in the Federal Register during which either or both Houses of Congress are in session. Based on the records of the sessions of Congress, the effective date of the regulation is April 5, 2006.

The FAA proposes to adopt a new airworthiness directive (AD) for all McDonnell Douglas Model DC-9-10, -20, -30, -40, and -50 series airplanes. This proposed AD would require replacing the clamp bases for the fuel vent pipe with improved clamp bases. This proposed AD results from reports that the foil wrapping on existing plastic clamp bases has migrated out of position, which compromises the bonding of the fuel vent lines to the airplane structure. We are proposing this AD to ensure that the fuel vent lines are properly bonded to the airplane structure. Improper bonding could prevent electrical energy from a lightning strike from dissipating to the airplane structure, and create an ignition source, which could result in a fuel tank explosion.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier Model DHC-8-400 series airplanes. This proposed AD would require repetitive inspections for cracks of the first fuel access panel outboard of the nacelle on the left- and right-hand wings, and related investigative/corrective actions if necessary. This proposed AD also would require eventual replacement of each access panel with a new access panel having a new part number. The replacement would terminate the repetitive inspection requirements. This proposed AD results from reports of cracks of the fuel access panels. We are proposing this AD to detect and correct cracked fuel access panels, which could lead to arcing and ignition of fuel vapor during a lightning strike, and result in fuel tank explosions and consequent loss of the airplane.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier Model DHC-8-102, -103, -106, -201, -202, -301, - 311, -314, and -315 airplanes. This proposed AD would require modifying the hinge attachment for the cockpit door from a single-point attachment to a two-point attachment. This proposed AD results from a report that, during structural testing of the cockpit door, the lower hinge block rotated and caused the mating hinge pin to disengage, and caused excessive door deflection. We are proposing this AD to prevent failure of a door attachment, which could result in uncontrolled release of the cockpit door under certain fuselage decompression conditions, and possible damage to the airplane structure.

This action establishes Class D airspace at Camp Ripley, MN, and establishes Class E airspace at Camp Ripley, MN. This action establishes a radius of Class D airspace, and establishes a radius of Class E airspace for Ray S. Miller Army Airfield.

These special conditions are issued for McDonnell Douglas DC- 8-72F airplanes modified by Avionics and Systems Integration Group, LLC. These modified airplanes will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. The modification incorporates the installation of Universal Avionics Systems Corporation EFI-600 Electronic Flight Instruments that perform critical functions. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for the protection of these systems from the effects of high-intensity radiated fields (HIRF). These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.