May 2006 – Federal Register Recent Federal Regulation Documents

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule which decreased the assessment rate established for the Raisin Administrative Committee (Committee) for the 2005-06 and subsequent crop years from $11.00 to $7.50 per ton of free tonnage raisins acquired by handlers, and reserve tonnage raisins released or sold to handlers for use in free tonnage outlets. The Committee locally administers the Federal marketing order which regulates the handling of raisins produced from grapes grown in California (order). Assessments upon raisin handlers are used by the Committee to fund reasonable and necessary expenses of the program. The crop year runs from August 1 through July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

In this order on rehearing, the Federal Energy Regulatory Commission (Commission) reaffirms its determinations and grants clarification in part of Order No. 671, which amended the Commission's regulations governing small power production and cogeneration facilities.

The Department of Veterans Affairs (VA) is amending its delegation of authority to the property management contractor under its housing loan program. This amendment will permit the property management contractor's Regional Managers to execute documents necessary for the management and sale of single-family properties acquired by VA under its housing loan guaranty program.

The Department of Defense is removing 32 CFR part 211, ``DoD Foreign Tax Relief Program'' and 32 CFR part 398, ``Defense Logistics Agency''. The parts have served the purpose for which they were codified in the CFR and are no longer applicable.

The U.S. Fish and Wildlife Service (hereinafter, Service or we) proposed in an earlier document to establish annual hunting regulations for certain migratory game birds for the 2006-07 hunting season. This supplement to the proposed rule provides the regulatory schedule; announces the Service Migratory Bird Regulations Committee and Flyway Council meetings; provides Flyway Council recommendations resulting from their March meetings; and provides regulatory alternatives for the 2006-07 duck hunting seasons.

These regulations affect taxpayers that file Federal income tax returns. They simplify, clarify, or eliminate reporting burdens and also eliminate regulatory impediments to the electronic filing of certain statements that taxpayers are required to include on or with their Federal income tax returns. The text of the temporary regulations also serves as the text of the proposed regulations set forth in the notice of proposed rulemaking on this subject in the Proposed Rules section in this issue of the Federal Register.

The Nuclear Regulatory Commission (NRC) is amending the licensing, inspection, and annual fees charged to its applicants and licensees. The amendments are necessary to implement the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as amended, which requires that the NRC recover approximately 90 percent of its budget authority in fiscal year (FY) 2006, less the amounts appropriated from the Nuclear Waste Fund (NWF) and for Waste Incidental to Reprocessing (WIR) activities. The required fee recovery amount for the FY 2006 budget is approximately $624 million, which is increased by approximately $0.9 million to account for billing adjustments, resulting in a total of approximately $625 million that must be recovered through fees in FY 2006.

The Environmental Protection Agency (EPA) is making available to the public new information related to a November 4, 2005 proposed rule under the Significant New Alternatives Policy (SNAP) program under section 612 of the Clean Air Act (70 FR 67120). The SNAP program reviews alternatives to Class I and Class II ozone depleting substances and approves the use of alternatives which reduce the overall risk to public health and the environment. The November 4, 2005 proposed rule proposed to list two hydrochlorofluorocarbons (HCFCs)HCFC-22 and HCFC-142bas unacceptable substitutes in foam blowing applications, but proposed to grandfather existing users until January 1, 2010. In response to the November 2005 proposal, EPA received public comments, which have been made available through the Air Docket (see General Information section below for docket contact information). The Agency has also received additional information regarding the technical viability of non-ozone depleting alternatives in blowing agents available for polyurethane ``pour foam'' and the extruded polystyrene foam industries. Today, the Agency is requesting comment on these materials. We plan to consider this information, and any comment received during the comment period, in determining what future action to take on our November 4, 2005 proposal regarding the use of HCFC-22 and HCFC-142b in foam blowing applications. This information may impact the outcome of the final rule, such as adjusting the January 1, 2010 grandfathering date or clarifying the definition of ``existing use.''

This rule proposes amending regulations governing the cotton Marketing Assistance Loan Program of the Commodity Credit Corporation (CCC) that is authorized by the Farm Security and Rural Investment Act of 2002 (2002 Act). The major proposed regulatory changes would impact the administration of the program by amending regulations governing: The outside storage of upland cotton pledged as collateral for CCC loans; the certification provided by approved ginners to produce bales that are compliant with CCC loan eligibility requirements; the reconcentration and transfer of upland cotton pledged as collateral for CCC loans; and the storage credit provided to producers when an upland cotton marketing assistance loan is repaid.

The FAA is revising an earlier NPRM for an airworthiness directive (AD) that applies to certain Airbus Model A330 airplanes and Model A340-200 and -300 series airplanes. The original NPRM would have required repetitive detailed inspections for cracking in the aft web of support rib 6 between certain bottom skin stringers on both wings; high frequency eddy current inspections for cracking of the attachment holes of the fuel pipes, and repair if necessary. The original NPRM also would have provided for an optional modification, which would extend a certain inspection threshold. The original NPRM resulted from a report of significant cracking found in the aft web of support rib 6 on both wings. This action revises the original NPRM by mandating, for certain airplanes, a new modification of support rib 6 on both wings, which would end the repetitive inspection requirement. This action also reduces the applicability in the original NPRM. We are proposing this supplemental NPRM to prevent cracking in the aft web of support rib 6, which could result in overloading of adjacent ribs and the surrounding wing structure and consequent reduced structural integrity of the wing.

The FAA is revising an earlier proposed airworthiness directive (AD) for certain Boeing Model 737-300, -400, -500, -600, - 700, -700C, -800, and -900 series airplanes. The original NPRM would have required modifying the wiring for the master dim and test system. For certain airplanes, the original NPRM also proposed to require related concurrent actions as necessary. The original NPRM resulted from a report that the master dim and test system circuit does not have wiring separation of the test ground signal for redundant equipment in the flight compartment. This action revises the original NPRM by adding a new concurrent action for certain airplanes, extending the compliance time, and removing certain airplanes from concurrent requirements. We are proposing this supplemental NPRM to prevent a single fault failure in flight from simulating a test condition and showing test patterns instead of the selected radio frequencies on the communications panels, which could inhibit communication between the flightcrew and the control tower, affecting the continued safe flight of the airplane.

This document revises an earlier proposed airworthiness directive (AD), applicable to certain Boeing Model 737-300, -400, -500, -600, -700, -700C, -800, and -900, and 747-400 series airplanes; and Model 757, 767, and 777 airplanes. The original NPRM would have required modifying the static inverter by relocating resistor R170 of the static inverter bridge assembly. This new action revises the original NPRM by adding a new requirement for modifying the static inverter by replacing resistor R170 with a new resistor and relocating the new resistor. The actions proposed by this supplemental NPRM are intended to prevent a standby static inverter from overheating, which could result in smoke in the flight deck and cabin and loss of the electrical standby power system. This action is intended to address the identified unsafe condition.

This rule revises the quantity of Class 3 (Native) spearmint oil that handlers may purchase from, or handle for, producers during the 2006-2007 marketing year. This rule increases the Native spearmint oil salable quantity from 1,007,886 pounds to 1,161,260 pounds, and the allotment percentage from 46 percent to 53 percent. The marketing order regulates the handling of spearmint oil produced in the Far West and is administered locally by the Spearmint Oil Administrative Committee (Committee). The Committee recommended this rule for the purpose of avoiding extreme fluctuations in supplies and prices and to help maintain stability in the Far West spearmint oil market.

This interim final rule amends the regulations for the Emergency Conservation Program (ECP) to implement provisions of the Department of Defense, Emergency Supplemental Appropriation to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Pub. L. 109-149) (2006 Act) providing assistance to nursery, oyster, and poultry producers and non-industrial private forest landowners to rehabilitate public or private oyster reefs or farmland damaged by hurricanes during calendar year 2005.

This final rule amends the Export Administration Regulations (EAR) to clarify that certain personal articles are exempt from the 44- pound weight limit on personal baggage authorized for export to Cuba under License Exception Baggage (BAG).

The U.S. Small Business Administration (``SBA'' or ``the Administration'') proposes to amend its Premier Certified Lenders Program (``PCLP'') in accordance with recent statutory amendments to the PCLP. Presently, under the PCLP, participating Certified Development Companies (``CDCs'') have increased authority in connection with making and servicing loans made under SBA's development company loan program (``504 Program''). One PCLP requirement relates to a loan loss reserve fund (``LLRF'') which a CDC participating in the PCLP (``PCLP CDC'') must maintain to cover losses it may incur in connection with the 504 Program loans (``504 Loans'') it has made under the PCLP (``PCLP loans''). Recent statutory changes to the PCLP include two pilot programs related to PCLP LLRF requirements. One pilot (``Pilot 1'') changes LLRF requirements by requiring the value of an LLRF to equal 1 percent of the combined outstanding balances of each debenture issued by a PCLP CDC to fund a PCLP loan (``PCLP Debenture''), instead of the combined original face value of those PCLP Debentures. Another pilot (``Pilot 2'') authorizes certain PCLP CDCs with significantly large LLRFs to elect to meet alternative LLRF requirements in lieu of certain existing PCLP LLRF requirements. The proposed regulations would implement requirements, procedures, and guidelines relating to Pilot 1 and Pilot 2.

The U.S. Environmental Protection Agency (EPA) Region 4 announces its intent to delete the Cedartown Industries, Inc. site (the Site) from the National Priorities List (NPL) and requests public comment on this proposed action. The NPL constitutes Appendix B of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR part 300, which EPA promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended. EPA and the State of Georgia Environmental Protection Division (GEPD) have determined that the Site poses no significant threat to public health or the environment and therefore, further response measures pursuant to CERCLA are not appropriate.

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.

The Office of Personnel Management (OPM) proposes to revise the regulations issued under the Fair Labor Standards Act of 1938, as amended (``FLSA'' or ``Act'') to update and harmonize OPM's regulations with revisions made to the Department of Labor's regulations. The revised regulations are intended to provide a clearer understanding of coverage under the Act. These regulations apply to all employees in agencies who are under OPM's jurisdiction for FLSA purposes.

The FAA is adopting a new airworthiness directive (AD) for certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. This AD requires revising the Airworthiness Limitations section of the Instructions for Continuing Airworthiness of the Maintenance Requirements Manual to include revised threshold and repeat inspection intervals for the cargo door skin cut-out. This AD results from a report that a crack was discovered at the lower forward corner of a cargo door skin cut-out during fatigue testing. We are issuing this AD to detect and correct cracking in the lower forward corner of the cargo door skin cut-out, which could result in reduced structural integrity of the airplane.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 777-200 and -300 series airplanes. This AD requires replacing the battery packs of the emergency power assist system (EPAS) of the left and right non-overwing exit doors with new or modified battery packs. This AD results from intermittent failures of the EPAS battery pack found during testing, which are due to switch contamination, cam alignment problems, and inadequate self-test capability. We are issuing this AD to prevent failure of the EPAS, which could result in the inability to open the exit door during an emergency evacuation.

The FAA is adopting a new airworthiness directive (AD) for certain Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-120, -120ER, -120FC, -120QC, and -120RT airplanes. This AD requires replacing the de-icing system ejector flow control valves with new, improved control valves having hermetically sealed switches; and rewiring applicable connectors. This AD results from a fuel system review conducted by the manufacturer. We are issuing this AD to prevent a potential source of ignition near a fuel tank, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.

The Transportation Security Administration is amending its regulations to enhance and improve the security of air cargo transportation. This final rule requires airport operators, aircraft operators, foreign air carriers, and indirect air carriers to implement security measures in the air cargo supply chain as directed under the Aviation and Transportation Security Act. This final rule also amends the applicability of the requirement for a ``twelve-five'' security program for aircraft with a maximum certificated takeoff weight of 12,500 pounds or more to those aircraft with a maximum certificated takeoff weight of more than 12,500 pounds to conform to recent legislation.

The FAA is proposing that information provided to the agency from a Voluntary Disclosure Reporting Program (VDRP) be designated by an FAA order as protected from public disclosure in accordance with the provisions of 14 CFR part 193. Under 49 U.S.C. 40123, the FAA is required to protect the information from disclosure to the public, including disclosure under the Freedom of Information Act (5 U.S.C. 552) or other laws, following issuance of such order. The designation is intended to encourage participation in the VDRP.