May 2006 – Federal Register Recent Federal Regulation Documents

The Commander, Eighth Coast Guard District, has temporarily changed the regulation governing the operation of the Tarpon Dock bascule span drawbridge across Massalina Bayou, mile 0.0, at Panama City, Bay County, Florida. The regulation will allow the draw of the bridge to remain closed to navigation for one hour to facilitate the American Heart Walk.

The Coast Guard is establishing a temporary safety zone encompassing the navigable waters of the upper Niagara River by Gratwick Riverside Park in North Tonawanda, NY. This safety zone is necessary to ensure the safety of spectators and vessels from the hazards associated with a boat race. This safety zone restricts vessel traffic from a portion of the Niagara River at Gratwick Riverside Park, North Tonawanda, NY.

The FAA proposes to adopt a new airworthiness directive (AD) for all McDonnell Douglas Model MD-90-30 airplanes. This proposed AD would require installing a clamp, bonding jumper assembly, and attaching hardware to the refueling manifold in the right wing refueling station area. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent arcing on the in-tank side of the fueling valve during a lightning strike, which could result in an ignition source that could ignite fuel vapor and cause a fuel tank explosion.

The FAA proposes to adopt a new airworthiness directive (AD) for all Fokker Model F.28 Mark 0070 and 0100 airplanes. This proposed AD would require modification of the wiring distribution of the alternating current bus transfer power system and the right-hand and left-hand windshield anti-icing system, as necessary. This proposed AD results from a report of electrical sparks coming out of the flight deck from a panel behind the left seat. We are proposing this AD to prevent failure of the sliding window heating element(s), due to electrical overload, which could result in smoke and fire in the cockpit.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Boeing Model 747 series airplanes. The existing AD currently requires repetitive inspections to detect cracks at certain stringer fastener locations; and repair, if necessary. For certain airplanes, the existing AD requires a modification in certain areas where reports indicate that cracking was prevalent. This modification terminates the repetitive inspections only for those areas, and is also an option for other airplanes affected by the existing AD. This proposed AD would require one-time inspections at a reduced inspection threshold of areas that may have Alodine-coated rivets installed, and repair if necessary. This proposed AD results from a report of cracking discovered in a skin lap joint that was previously inspected using the eddy current method. We are proposing this AD to prevent rapid decompression of the airplane due to disbonding and subsequent cracking of the skin panels.

The FHWA proposes to revise its regulations for design-build contracting as mandated by section 1503 of the ``Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users'' (SAFETEA-LU). The primary revision would involve a statutory requirement that FHWA not preclude State transportation departments or local transportation agencies from issuing request-for-proposal documents, awarding contracts, and issuing notices-to-proceed for preliminary design work prior to the conclusion of the National Environmental Policy Act (NEPA) process. The FHWA also proposes to revise certain provisions in 23 CFR part 636 to facilitate the use of public-private partnerships.

This document corrects the preamble to the proposed rule published in the Federal Register of May 18, 2006, regarding Assessments. Specifically, this document corrects the Agency Web site for submitting comments on this proposed rule.

The Controlled Substances Act (CSA) and its implementing regulations specify which hallucinogenic substances are considered Schedule I controlled substances. The CSA states that all salts, isomers and salts of isomers of these substances are also Schedule I controlled substances. In non-technical terms, an isomer of a substance is a different compound, but a compound which has the same number and kind of atoms. The terms ``optical isomer'' and ``geometric isomer'' are specific scientific terms and it is easy to determine whether one substance is an optical or geometric isomer of another. The term ``positional isomer,'' however, is subject to scientific interpretation. This Notice of Proposed Rulemaking proposes the addition of a specific definition for the term ``positional isomer'' to allow for the systematic determination of which isomers of Schedule I substances would be considered to be ``positional'' and, therefore subject to Schedule I control. The addition of a definition for the term ``positional isomer'' will assist legitimate research and industry in determining the control status of materials that are ``positional isomers'' of Schedule I hallucinogens. While the DEA will remain the authority for ultimately determining the control status of a given material, providing a specific definition for ``positional isomer'' will ensure consistent criteria are utilized in making these determinations. This rule is relevant only to specialized forensic or research chemists. Most of these individuals are existing DEA registrants who are authorized by the DEA to handle Schedule I hallucinogenic substances.

The Coast Guard proposes to make revisions in Missouri River drawbridge regulations covering Iowa, Kansas, and Missouri. Under the proposed revisions, the bridges will open on signal, except during the winter season when 24 hours advance notice will be required. These proposed revisions to the regulations will reduce delays to the vessels transiting through these States on the Missouri River.

The Federal Energy Regulatory Commission (Commission) is issuing this Order to clarify that, in the event of a grid disturbance, a Transmission Provider may communicate to an affiliated nuclear power plant specific information about transmission system conditions on a real-time basis.

The FAA is superseding an existing airworthiness directive (AD), which applies to certain BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ airplanes. That AD currently requires a one- time inspection to detect corrosion of the flap structure and machined ribs, corrective actions if necessary, and reprotection of the rib boss bores. This new AD requires a records review of the results of that inspection, and an additional inspection and related investigative/ corrective action if necessary. This AD results from the development of an improved inspection for corrosion in the subject area. We are issuing this AD to detect and correct corrosion in the flap structure and machined ribs, which could result in reduced structural integrity of the airplane.

The proposed rule clarifies the terms Congress used to define Class II gaming under the Indian Gaming Regulatory Act, 25 U.S.C. 2701, et seq. (``IGRA'' or ``Act''). First, the proposed rule further revises the definitions for ``electronic or electromechanical facsimile'' and ``other games similar to bingo'' that appear in part 502 of Commission regulations (25 CFR part 501 et seq.). The Commission defined these terms in 1992, revised the definitions in 2002, and proposed further revisions to the term ``electronic or electromechanical facsimile'' separate from this proposed revision. The proposed rule offers further revision that would incorporate the new part 546 into the definitions. The Commission adds a new Part to its regulations (part 546) that explains the basis for determining whether a game of bingo or lotto, ``other game similar to bingo,'' or a game of pull-tabs or ``instant bingo,'' meets the IGRA statutory requirements for Class II gaming, when such games are played electronically, primarily through an ``electronic, computer or other technologic aid,'' while distinguishing them from Class III ``electronic or electromechanical facsimiles.'' This new part also establishes a process for assuring that such games are Class II before placement of the games in a Class II tribal gaming operation. This process contains information collection requirements subject to the Paperwork Reduction Act of 1995. The Commission has submitted the information collection request to OMB for approval.

On May 13, 2005, and later clarified in a July 12, 2005, supplemental submittal, the Commonwealth of Kentucky submitted a request to redesignate the sulfur dioxide (SO2) nonattainment area of Boyd County to attainment of the National Ambient Air Quality Standards (NAAQS) for SO2. Boyd County is located within the Huntington-Ashland, West Virginia (WV)Kentucky (KY)Ohio (OH) Metropolitan Statistical Area (MSA), and the Boyd County SO2 nonattainment area is comprised of the southern portion of Boyd County. The Commonwealth also submitted, as revisions to the Kentucky State Implementation Plan (SIP), a maintenance plan for the area and a source-specific SIP revision for the Calgon Carbon Corporation facility in Catlettsburg, Kentucky. EPA is proposing to approve the redesignation request for the Boyd County SO2 nonattainment area and the maintenance plan for this area. The maintenance plan provides for the maintenance of the SO2 NAAQS in Boyd County for the next ten years. EPA is also proposing to approve the source-specific SIP revision for the Calgon Carbon Corporation facility.

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing receipt of a proposed amendment to the Mississippi regulatory program (Mississippi program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Mississippi proposes a revision to its statutes regarding valid existing rights as it pertains to designation of lands as unsuitable for surface coal mining operations. Mississippi intends to revise its program to be consistent with SMCRA. This document gives the times and locations that the Mississippi program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.

The Coast Guard is proposing to establish a permanent security zone approximately one quarter mile on each side of the Mackinac Bridge in the Straits of Mackinac near Mackinaw City, MI. This security zone will place navigational and operational restrictions on all vessels transiting through the Straits area, under and around the Mackinac Bridge, located between Mackinaw City, MI. and St. Ignace, MI. This rule will be in effect Labor Day of each year; 6 a.m. to 11:59 p.m.

The Coast Guard announces the completion of a Port Access Route Study that analyzed potential vessel routing measures and considered adjusting existing vessel routing measures in order to help reduce the risk of vessel strikes of the highly endangered North Atlantic right whale. The study focused on the northern region off the Atlantic Coast which included Cape Cod Bay, the area off Race Point at the northern end of Cape Cod (Race Point) and the Great South Channel; and in the southern region which included areas along the seacoast in the approaches to the Ports of Jacksonville and Fernandina Beach, Florida, and Brunswick, Georgia. This notice summarizes the study's recommendations. Comments on these recommendations are requested.

This document dismisses as defective a petition for rulemaking filed by Micro Communications, Inc. licensee of Station KCFM(FM), Channel 244C, Levan, Utah, proposing to substitute Channel 229C for Channel 244C at Levan and modify the license for Station KCFM accordingly. To accommodate this proposal, the substitution of Channel 244C for Channel 229C at Richfield, Utah, and modification of the license of Station KCYQ(FM) was also proposed. Mid-Utah Radio, Inc., licensee of Station KCYQ opposed the proposal and filed a counterproposal requesting the allotment of Channel 231C at Boulder Town, Utah, and the reallotment of Channel 229C from Richfield to Mount Pleasant, Utah. See SUPPLEMENTARY INFORMATION, below.

The Environmental Protection Agency (EPA) Region 8 announced its intent to delete the Internal Parcel, encompassing 7,399 acres of the Rocky Mountain Arsenal National Priorities List Site (RMA/NPL Site) On-Post Operable Unit (OU), from the National Priorities List (NPL) on April 26, 2006. The 30-day public comment period is scheduled to end on May 26, 2006. EPA has received a request to extend the public comment period. In response, EPA is extending the public comment period for an additional 30 days concluding on June 26, 2006. The NPL constitutes Appendix B of 40 CFR part 300 which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), which EPA promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). EPA bases its proposal to delete the Internal Parcel of the RMA/NPL Site on the determination by EPA and the State of Colorado, through the Colorado Department of Public Health and Environment (CDPHE), that all appropriate actions under CERCLA have been implemented to protect human health, welfare, and the environment and that no further response action by responsible parties is appropriate. This partial deletion pertains to the surface media (soil, surface water, sediment) and structures within the Internal Parcel of the On- Post OU of the RMA/NPL Site as well as the groundwater below the Internal Parcel that is east of E Street, with the exception of a small area of contaminated groundwater located in the northwest corner of Section 6. The rest of the On-Post OU, including groundwater below RMA that is west of E Street, and the Off-Post OU will remain on the NPL and response activities will continue at those OUs.

NMFS announces that the directed fishery for Loligo squid in the Exclusive Economic Zone (EEZ) will be closed effective 0001 hours, May 23, 2006. Vessels issued a Federal permit to harvest Loligo squid may not retain or land more than 2,500 lb (1,134 kg) of Loligo squid per trip for the remainder of the quarter (through June 30, 2006). This action is necessary to prevent the fishery from exceeding its Quarter II quota and to allow for effective management of this stock.

On May 30, 1996, EPA issued national emission standards for hazardous air pollutants (NESHAP) for the printing and publishing industry under section 112 of the Clean Air Act (CAA). We are proposing to amend the final rule to resolve issues and questions raised after promulgation of the final rule and to correct errors in the regulatory text. This action also proposes to amend the Paper and Other Web Coating NESHAP and the Printing, Coating, and Dyeing of Fabric and Other Textiles NESHAP to clarify the interaction between these rules and the Printing and Publishing Industry NESHAP. These proposed amendments appear in the Rules and Regulations Section of this Federal Register as a direct final rule.

On May 13, 2005, and later clarified in a July 12, 2005, supplemental submittal, the Commonwealth of Kentucky submitted a request to redesignate the sulfur dioxide (SO2) nonattainment area of Boyd County to attainment of the National Ambient Air Quality Standards (NAAQS) for SO2. Boyd County is located within the Huntington-Ashland, West Virginia (WV)-Kentucky (KY)-Ohio (OH) Metropolitan Statistical Area (MSA), and the Boyd County SO2 nonattainment area is comprised of the southern portion of Boyd County. The Commonwealth also submitted, as revisions to the Kentucky State Implementation Plan (SIP), a maintenance plan for the area and a source-specific SIP revision for the Calgon Carbon Corporation facility in Catlettsburg, Kentucky. EPA is approving the redesignation request for the Boyd County SO2 nonattainment area and the maintenance plan for this area. The maintenance plan provides for the maintenance of the SO2 NAAQS in Boyd County for the next ten years. EPA is also approving the source-specific SIP revision for the Calgon Carbon Corporation facility.

We are amending the fruits and vegetables regulations to allow the importation into the continental United States of fresh, dehusked immature (baby) sweet corn and fresh baby carrots from Zambia. As a condition of entry, both commodities will be subject to inspection at the port of first arrival and will have to be accompanied by a phytosanitary certificate with an additional declaration stating that the commodity has been inspected and found free of the quarantine pest listed on the certificate. This action will allow for the importation of Zambian baby corn and baby carrots into the United States while continuing to provide protection against the introduction of quarantine pests.

We are amending the regulations for the importation of ruminants into the United States to establish standards for privately owned quarantine facilities. The regulations have authorized the establishment of privately operated quarantine facilities for ruminants, which are subject to approval and oversight by the Animal and Plant Health Inspection Service, but have not provided specific standards for the approval, operation, and oversight of such facilities, with the exception of privately operated quarantine facilities for sheep or goats. Based on recent interest in establishing such facilities for cattle, we are adding standards for privately owned quarantine facilities covering all ruminants to ensure that any facilities that may be approved for this purpose operate in a manner that protects the health of the U.S. livestock population.

The Commission is extending the compliance dates for Rule 610 and Rule 611 of Regulation NMS under the Securities Exchange Act of 1934 (``Exchange Act''). Rule 610 requires fair and non-discriminatory access to quotations, establishes a limit on access fees, and requires each national securities exchange and national securities association to adopt, maintain, and enforce written rules that prohibit their members from engaging in a pattern or practice of displaying quotations that lock or cross protected quotations. Rule 611 requires trading centers to establish, maintain, and enforce written policies and procedures reasonably designed to prevent the execution of trades at prices inferior to protected quotations displayed by other trading centers, subject to an applicable exception. The Commission is extending the compliance dates to give automated trading centers additional time to finalize development of their new or modified trading systems, and to give the securities industry sufficient time to establish the necessary access to such trading systems.

This final rule revises the Community Development Block Grant (CDBG) program regulations to clarify the eligibility of brownfields cleanup, development, or redevelopment within existing program eligibility categories. In addition, this final rule makes changes to CDBG national objectives that relate to brownfields and clarifies regulatory language. The final rule expands the ``slums or blight'' national objective criteria to include known and suspected environmental contamination, as well as economic disinvestment, as blighting influences. The rule also expands the definition of ``clearance'' to include remediation of known or suspected environmental contamination. The rule requires grantees to establish definitions of blighting influences and to retain records to support those definitions. In addition, an area slums or blight designation is required to be redetermined every 10 years for continued qualification. The regulatory amendments include the abatement of asbestos hazards and lead-based paint hazard evaluation and reduction as eligible rehabilitation activities. The final rule eliminates duplicative text concerning the treatment of lead-based paint hazards. Finally, the final rule requires that acquisition or relocation, if undertaken to address slums or blight on a spot basis, must be followed by other eligible activities that eliminate specific conditions of blight or physical decay. The final rule follows publication of a July 9, 2004, proposed rule and takes into consideration the public comments received on the proposed rule. On October 22, 1996, the Department published an interim rule, ``Community Development Block Grant Program for States; Community Revitalization Strategy Requirements and Miscellaneous Technical Amendments.'' This rule also makes final, with no changes, the provisions of that rule, which have been in effect for states on an interim basis since November 21, 1996.