June 2006 – Federal Register Recent Federal Regulation Documents

The Federal Energy Regulatory Commission (Commission) is amending its regulations to establish criteria for obtaining market- based rates for storage services offered under part 284. First, the Commission is modifying its market-power analysis to better reflect the competitive alternatives to storage. Second, pursuant to the Energy Policy Act of 2005, the Commission is promulgating rules to implement new section 4(f) of the Natural Gas Act, to permit underground natural gas storage service providers that are unable to show that they lack market power to negotiate market-based rates in circumstances where market-based rates are in the public interest and necessary to encourage the construction of the storage capacity in the area needing storage services, and where customers are adequately protected. These revisions are intended to facilitate the development of new natural gas storage capacity while protecting customers.

This rule amends the Department of Justice (the Department) organizational regulations to reflect the establishment within the Department of Justice of the Office of the Federal Detention Trustee (OFDT), and to set forth the general authorities of the Detention Trustee.

The Coast Guard is establishing a temporary safety zone encompassing the navigable waters of Oneida Lake in Brewerton, NY on July 3, 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 Oneida Lake in Brewerton, NY.

The Coast Guard is establishing a temporary safety zone encompassing the navigable waters of St. Lawrence River near Heart Island on July 4, 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 St. Lawrence River, Heart Island, New York.

On March 31, 2006, the Coast Guard published a notice of proposed rulemaking (NPRM) in the Federal Register (71 FR 19150). That document contains a detailed history of the Coast Guard's previous regulatory efforts regarding the SR 175 Bridge. The Coast Guard is reopening the period for public comment concerning the drawbridge operation regulations that govern the SR 175 Bridge, mile 3.5, across Chincoteague Channel at Chincoteague, Virginia, because an Accomack County official communicated to the Coast Guard those residents of Chincoteague have additional comments concerning the operating regulations of the drawbridge.

The Coast Guard is establishing a safety zone for the Mentor Power Boat Race located in the Captain of the Port Buffalo Zone. This safety zone is necessary to provide for the safety of life on navigable waters during this event. This action is intended to restrict vessel traffic within the immediate vicinity of the event in a portion of Lake Erie.

The Coast Guard proposes that the procedures found in Sec. 117.393 for operation of the Pekin Railroad Drawbridge, Mile 151.2, across the Illinois Waterway at Pekin, Illinois, be revised to reflect the actual procedures that have always been followed. The present regulation in Sec. 117.393 was intended to be temporary, for test purposes only, and was inadvertently permanently included. The revision would eliminate the ``Specific Requirements'' for remote operation and the bridge would continue to operate, as required by the Coast Guard, under the ``General Requirements''.

The Department of the Navy is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (Admiralty and Maritime Law) has determined that USS MITSCHER (DDG 57) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.

We are proposing to amend the fruits and vegetables regulations to allow the importation into the United States of fresh table grapes from Namibia under certain conditions. As a condition of entry, the grapes would have to undergo cold treatment and fumigation with methyl bromide and would have to be accompanied by a phytosanitary certificate with an additional declaration stating that the commodity has been inspected and found free of the specified pests. In addition, the grapes would also be subject to inspection at the port of first arrival. This action would allow for the importation of grapes from Namibia into the United States while continuing to provide protection against the introduction of quarantine pests.

This notice proposes to amend part 71 of the Federal Aviation Regulations (14 CFR part 71) by establishing a Class E airspace area extending upward from 700 feet above the surface at Higginsville Industrial Municipal Airport, MO.

NMFS proposes regulations to implement speed restrictions on vessels 65 ft (19.8 m) or greater in overall length in certain locations and at certain times of the year along the east coast of the U.S. Atlantic seaboard. The purpose of this proposed rule is to reduce the likelihood of deaths and serious injuries to endangered North Atlantic right whales that result from collisions with ships. These measures are part of NMFS' Ship Strike Reduction Strategy to help recover the North Atlantic right whale. NMFS is requesting comments on the proposed regulations.

We are taking final action to approve a revision to the maintenance plan prepared by Missouri to maintain the national ambient air quality standard for ozone in the Missouri portion of the Kansas City maintenance area. This plan is applicable to Clay, Jackson and Platte Counties. The effect of this approval is to ensure Federal enforceability of the state air program plan and to maintain consistency between the state-adopted plan and the approved SIP.

We are taking final action to approve a revision to the maintenance plan prepared by Kansas to maintain the national ambient air quality standard (NAAQS) for ozone in the Kansas portion of the Kansas City maintenance area. This plan is applicable to Johnson and Wyandotte counties in Kansas. The effect of this approval is to ensure Federal enforceability of the state air program plan and to maintain consistency between the state-adopted plan and the approved SIP.

The Federal Energy Regulatory Commission (Commission) is proposing regulations in accordance with section 1221 of the Energy Policy Act of 2005 to implement filings requirements and procedures for entities seeking to construct electric transmission facilities. The proposed regulations will expedite the Commission's permitting process by coordinating the processing of Federal authorizations and environmental review of electric transmission facilities in national interest transmission corridors.

We are adopting a new airworthiness directive (AD) that supersedes AD 92-07-05, which applies to certain Raytheon Aircraft Company (Raytheon) (formerly Beech) 65, 90, 99, and 100 series airplanes. AD 92-07-05 currently requires you to inspect the rudder trim tab for proper moisture drainage provisions, and if the correct drainage provisions do not exist, before further flight, modify the rudder trim tab. This AD results from receiving and evaluating new service information that requires the actions of AD 92-07-05 for the added serial numbers LJ-1281 through LJ-1732 for the Model C90A airplanes. This AD retains all the actions of AD 92-07-05 and adds serial numbers LJ-1281 through LJ-1732 for the Model C90A airplanes in the applicability section. We are issuing this AD to prevent water accumulation in the rudder trim tab, which could result in a change in the mass properties and possibly a lower flutter speed of the airplane. A lower airplane flutter speed could result in failure and loss of control of the airplane.

This proposed rule would amend three fishery management plans to include fisheries and waters around the Commonwealth of the Northern Mariana Islands (CNMI) and Pacific Remote Island Areas (PRIA). These amendments affect United States domestic fisheries that offload or operate in Federal waters around the CNMI and the PRIA. These amendments would establish new permitting and reporting requirements for vessel operators targeting bottomfish species around the PRIA to improve understanding of the ecology of these species and the activities and harvests of the vessel operators that target them. They would also establish new permitting and reporting requirements for vessel operators targeting crustacean species and precious corals around the CNMI and PRIA.

The Department of Energy (DOE) today publishes a proposed rule to implement section 514 of the Energy Policy Act of 1992, as amended by section 703 of the Energy Policy Act of 2005, which allows States and alternative fuel providers to petition for a waiver of the alternative fueled vehicle (AFV) acquisition requirements in 10 CFR part 490. The new law requires a State entity or alternative fuel provider requesting a waiver to show that in lieu of complying with the applicable AFV acquisition requirement for a model year, it will take other actions to reduce its annual petroleum motor fuel consumption by an amount equal to 100 percent alternative fuel use in all of the fleet's AFVs, including AFVs that the State entity or alternative fuel provider would have been required to acquire if there was no waiver.

In this document, the Bureau of Prisons (Bureau) revises its regulations on classification and program review to remove unnecessary regulations and to ensure that classification and program review procedures adequately address inmate needs.

The Coast Guard is establishing a temporary safety zone on the St. Louis River in Duluth, Minnesota. The purpose of the safety zone is to protect the boating public from dangers associated with the cleanup operation in and around Stryker Bay. Entry into this zone is prohibited unless authorized by the Captain of the Port or his duly appointed representative.

EPA is taking direct final action to explicitly ban research for pesticides involving intentional exposure of human subjects who are nursing women, and therefore providing protection to any nursing infants who may also be exposed. The direct final rule also prohibits EPA reliance in actions under the pesticide laws on research involving intentional exposure of nursing women.

The Commission is amending the premerger notification rules (``the rules'') that require the parties to certain mergers and acquisitions to file reports with the Federal Trade Commission (``the Commission'' or ``FTC'') and the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice (``the Assistant Attorney General'' or ``DOJ'') and to wait a specified period of time before consummating such transactions. The reporting and waiting period requirements are intended to enable these enforcement agencies to determine whether a proposed merger or acquisition may violate the antitrust laws if consummated and, when appropriate, to seek a preliminary injunction in Federal court to prevent consummation. These amendments will update and improve the effectiveness of the rules by allowing submission of notification and report forms electronically via the Internet.

EPA issued a final rule in the Federal Register of March 8, 2006 (FRL-7758-2) concerning the establishment of tolerances for residues of spinosad in or on various commodities. This document is being issued to correct a typographical omission.

NMFS is requiring that any offshore pound net leader in the Virginia waters of the mainstem Chesapeake Bay, south of 37[deg]19.0' N. lat. and west of 76[deg]13.0' W. long., and all waters south of 37[deg]13.0' N. lat. to the Chesapeake Bay Bridge Tunnel at the mouth of the Chesapeake Bay, and the James and York Rivers downstream of the first bridge in each tributary, during the period of May 6 through July 15, meet the definition of a modified pound net leader. Without this final rule, existing regulations would continue to prohibit all offshore pound net leaders in that area during that time frame. An offshore pound net leader refers to a leader with the inland end set greater than 10 horizontal feet (3 m) from the mean low water line. While restrictions promulgated in 2004 on pound net leaders in the Virginia waters of the Chesapeake Bay outside the aforementioned area remain in effect, this final rule creates an exception to those restrictions by allowing the use of modified pound net leaders in this area. This action, taken under the Endangered Species Act of 1973 (ESA), responds to new information generated by gear research. It is intended to conserve sea turtles listed as threatened under the ESA and to help enforce the provisions of the ESA, including the provisions against takes of endangered species, while enabling fishermen to use leaders, an important component of pound net gear, during the regulated period.