June 26, 2006 – Federal Register Recent Federal Regulation Documents

The Department of Energy (DOE) Office of Energy Efficiency and Renewable Energy today proposes to amend its regulations for the Renewable Energy Production Incentives (REPI) program to incorporate changes made to the enabling statute by section 202 of the Energy Policy Act of 2005. The REPI program provides for production incentive payments to owners or operators of qualified renewable energy facilities, subject to the availability of appropriations. The statutory changes that DOE is proposing to implement through amendments to Part 451 relate primarily to allocation of available funds between owners or operators of two categories of qualified facilities, incorporation of additional ownership categories, extension of the eligibility window and program termination date, and expansion of applicable renewable energy technologies. In addition to the changes required by the Energy Policy Act of 2005 (EPAct 2005), DOE is modifying the method for accrued energy accounting in light of the new law. DOE also is taking this opportunity to make minor changes to update the regulations.

The Department of Justice (DOJ), Drug Enforcement Administration (DEA), proposes to exempt a new system of records entitled the El Paso Intelligence Center (EPIC) Seizure System (ESS) (JUSTICE/DEA-022) from subsections (c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), (5), and (8); and (g) of the Privacy Act of 1974 pursuant to 5 U.S.C. 552a(j) and (k). The exemption is necessary to avoid interference with the law enforcement, intelligence, counter- drug, counterterrorism functions and responsibilities of the DEA and its El Paso Intelligence Center (EPIC). Public comment is invited.

The Coast Guard is temporarily changing the regulations that govern the operation of the U.S. 70 Bridge across Beaufort (Gallants) Channel, mile 0.1, at Beaufort, NC. The rule allows the bridge to remain in the closed-to-navigation position from midnight on June 30, 2006, until and including 9 p.m. on July 5, 2006, to facilitate the Pepsi America Sail 2006 event.

The Coast Guard is establishing a temporary safety zone encompassing the navigable waters of the Seneca River at the Budweiser Amphitheater near Lock 24 in Baldwinsville, NY. This safety zone is necessary to ensure the safety of spectators and vessels from the hazards associated with fireworks displays. This safety zone restricts vessel traffic from a portion of the Seneca River at the Budweiser Amphitheater near Lock 24 in Baldwinsville, NY.

The Coast Guard is establishing a temporary safety zone on the waters of Clearwater Harbor, Florida. This rule is necessary to protect participants and spectators from the hazards associated with the launching of fireworks over the navigable waters of the United States.

The Coast Guard is establishing a temporary safety zone encompassing the navigable waters of Sodus Bay on July 3, 2006. This safety zone is necessary to ensure the safety of spectators and vessels from the hazards associated with fireworks displays. This safety zone is intended to restrict vessel traffic from a portion of Sodus Bay, Sodus Point, NY.

The Coast Guard is establishing a temporary safety zone encompassing the navigable waters of the St. Lawrence River around Calumet Island offshore of Clayton, NY on July 2, 2006. This safety zone is necessary to ensure the safety of spectators and vessels from the hazards associated with firework displays. This safety zone restricts vessel traffic from a portion of the St. Lawrence River around Calumet Island offshore of Clayton, NY.

On December 14, 2005, Oregon applied to EPA for authorization of changes to its hazardous waste management program under the Resource Conservation and Recovery Act (RCRA). EPA reviewed Oregon's application and published a proposed rule on April 14, 2006 (71 FR 19471) seeking public comment on EPA's preliminary determination to grant authorization of the changes. Since EPA received no comments on the proposed rule, EPA is granting final authorization of the state's changes in this final rule.

This document revises an earlier proposed airworthiness directive (AD), applicable to certain Saab Model SAAB-Fairchild SF340A (SAAB/SF340A) and SAAB 340B airplanes, that would have required modification of the hot detection system of the tail pipe harness of the engine nacelles. This new action revises the original NPRM by reducing the compliance time for the modification and adding repetitive inspections. The actions specified by this new proposed AD are intended to prevent false warning indications to the flightcrew from the hot detection system due to discrepancies of the harness, which could result in unnecessary aborted takeoffs on the ground or an in-flight engine shutdown. This action is intended to address the identified unsafe condition.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Learjet Model 45 airplanes. This proposed AD would require revising the Airworthiness Limitations section of the airplane maintenance manual to incorporate certain inspections and compliance times to detect fatigue cracking of certain principal structural elements (PSEs). This proposed AD results from new and more restrictive life limits and inspection intervals for certain PSEs. We are proposing this AD to ensure that fatigue cracking of various PSEs is detected and corrected; such fatigue cracking could adversely affect the structural integrity of these airplanes.

This action amends Title 14 Code of Federal Regulations, part 71 (14 CFR part 71) by modifying the Class E airspace area at Keokuk Municipal Airport, IA. The establishment of Area Navigation (RNAV) Global Positioning System (GPS) Instrument Approach Procedures (IAP) to Runways (RWY) 8, 14, 26 and 32 and amendments to existing Non- directional Beacon (NDB) IAPs to RWY 14 and 26 requires the modification of the Class E airspace area beginning at 700 feet above ground level (AGL). This airspace area and the legal description are modification to conform to the criteria in FAA Orders.

This action amends Title 14 Code of Federal Regulations, part 71 (14 CFR part 71) by revising Class E airspace areas at Scottsbluff, Western Nebraska Regional Airport/William B. Heilig Field, NE. The establishment of a Localizer/Distance Measuring Equipment (LOC/DME) Instrument Approach Procedure (IAP) to Runway (RWY) 12 requires the modification of the Class E airspace area beginning at 700 feet above ground level (AGL). This airspace area and the legal description are modified to conform to the criteria in the FAA Orders.

This amendment adopts a new airworthiness directive (AD) for the specified Bell Helicopter Textron Canada (BHTC) model helicopters. This action requires initial and repetitive inspections of each tail rotor counterweight bellcrank (bellcrank) with a specified part number and serial number. If external damage, a crack, roughness, or looseness between the bearing set and bellcrank is found or if bearing set axial play exceeds 0.015 inch, this action requires replacing the bellcrank with an airworthy bellcrank with two prefix letters in the serial number. This amendment is prompted by reports of failure and subsequent loss of a weighted portion of the bellcrank and reports of certain replacement bellcranks having design flaws. The actions specified in this AD are intended to prevent bellcrank failure, loss of a weighted portion of the bellcrank, and subsequent loss of control of the helicopter.

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the state of Missouri for maintaining the ozone standard in Kansas City.

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the state of Kansas for updating the maintenance plan to maintain the ozone standard in Kansas City.

The Federal Energy Regulatory Commission (Commission) proposes to amend its blanket certification regulations to expand the scope and scale of activities that may be undertaken pursuant to blanket authority. The Commission proposes to expand the types of natural gas projects permitted under blanket authority and to increase the cost limits that apply to blanket projects. In addition, the Commission will clarify that a natural gas company is not necessarily engaged in an unduly discriminatory practice if it charges different customers different rates for the same service based on the date that customers commit to service.

The Office of Federal Housing Enterprise Oversight (OFHEO) is proposing technical amendments to Appendix A to Subpart B Risk-Based Capital Regulation Methodology and Specifications of 12 CFR part 1750, (Risk-Based Capital Regulation). The proposed amendments are intended to enhance the accuracy and transparency of the calculation of the risk-based capital requirement for the Enterprises and updates the Risk-Based Capital Regulation to incorporate approved new activities treatments.