June 2006 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) is proposing to extend the expiration date of the New England University Laboratories XL Project (Labs XL Project) rule that EPA previously promulgated under the eXcellence and Leadership program (Project XL), allowing laboratories at certain universities in Massachusetts and Vermont to follow certain alternative RCRA generator requirements. In this action, EPA proposes to extend the expiration date from September 30, 2006 to April 15, 2009.

In response to a Notice of Proposed Rule Making, this Report and Order allots Channel 278A to Frisco City, Alabama. The coordinates for Channel 278A at Frisco City, Alabama are 31-27-42 NL and 87-32-29 WL, with a site restriction of 13.7 kilometers (8.5 miles) west of Frisco City.

This action corrects a final rule published in the Federal Register on May 31, 2006 (71 FR 30828), which delegated various authorities vested in the Secretary of Transportation by the ``Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users'' (Pub. L. 109-59) and other laws to the Research and Innovative Technology Administrator; the Federal Aviation Administrator; the Federal Highway Administrator; the Federal Railroad Administrator; the National Traffic Highway Safety Administrator; the Federal Transit Administrator; the Pipeline and Hazardous Materials Safety Administrator; the Federal Motor Carrier Safety Administrator; and the Under Secretary for Transportation Policy.

This rule would increase the assessment rate established for the Cherry Industry Administrative Board (Board) for the 2006-2007 fiscal year and subsequent fiscal years from $0.0021 to $0.0066 per pound to fund the Board's administrative expenses and its new research and promotion program. Authorization to assess tart cherry handlers enables the Board to incur expenses that are reasonable and necessary to administer the program. The Board locally administers the marketing order which regulates the handling of tart cherries grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin. The fiscal year begins July 1, 2006 and ends June 30, 2007. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule that decreased the assessment rate established for the California Olive Committee (committee) for the 2006 and subsequent fiscal years from $15.68 to $11.03 per assessable ton of olives handled. The committee locally administers the marketing order that regulates the handling of olives grown in California. Assessments upon olive handlers are used by the committee to fund reasonable and necessary expenses of the program. The fiscal year began January 1 and ends December 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain McDonnell Douglas Model MD-11 and -11F airplanes. The existing AD currently requires an initial general visual inspection of the power feeder cables of the integrated drive generator (IDG) and the fuel feed lines of engine pylons No. 1 and No. 3 on the wings for proper clearance and damage; corrective actions if necessary; and repetitive general visual inspections and a terminating action for the repetitive inspections. This proposed AD would continue to require the existing actions, and for certain airplanes, this proposed AD would require installation of new clamps on the power feeder cables of the IDG of engine pylons No. 1 and No. 3. This proposed AD results from reports of IDG power feeder cables riding against structure and fuel lines in the No. 1 and No. 3 pylons. We are proposing this AD to prevent potential chafing of the power feeder cables of the IDG in engine pylons No. 1 and No. 3 on the wings, and consequent arcing on the fuel lines in the engine pylons and possible fuel fire.

The FAA proposes to adopt a new airworthiness directive (AD) for all Fokker Model F27 Mark 500 airplanes. This proposed AD would require an inspection to determine whether certain main landing gear (MLG) drag stay units (DSUs) are installed. This proposed AD would also require an ultrasonic inspection to determine if certain tubes are installed in the affected DSUs of the MLG, and related investigative/ corrective actions if necessary. This proposed AD results from a report that, due to fatigue cracking from an improperly machined radius of the inner tube, a drag stay broke, and, consequently, led to the collapse of the MLG during landing. We are proposing this AD to prevent such fatigue cracking, which could result in reduced structural integrity or collapse of the MLG.

This document contains final and temporary regulations that provide guidance under sections 6038 and 6038A of the Internal Revenue Code. The final regulations under Sec. 1.6038-2 are revised to remove and replace obsolete references to a form and IRS offices. The temporary regulations clarify the information required to be furnished regarding certain related party transactions of certain foreign corporations and certain foreign-owned domestic corporations. The temporary regulations also increase the amount of certain penalties, and make certain other changes, to reflect the statutory changes made by the Taxpayer Relief Act of 1997 (TRA '97). The text of the temporary regulations also serves as the text of the proposed regulations set forth in this issue of the Federal Register.

In this document the Commission seeks comment on whether the Commission should implement additional safeguards beyond those the Commission adopted in its Second Report and Order and whether the Commission should further modify its competitive bidding rules governing benefits reserved for designed entities. The Commission also seeks comment to obtain additional evidence regarding how and under what circumstances an entity's size might affect its relationships and agreements with designated entity applicants and licensees.

On June 21, 2005, NHTSA published a final rule that made technical amendments to several regulations that reference NHTSA's Vehicle Safety Hotline telephone number. The rule updated the Hotline telephone number and added our Web address to the information that NHTSA requires manufacturers and dealers to provide consumers. The effective date for those amendments to Part 571, Federal motor vehicle safety standards, Part 575, Consumer information; and Part 582, Insurance cost information regulation, is June 21, 2006. This document withdraws the June 21, 2005 amendments to part 571, in response to a request from General Motors and other motor vehicle manufacturers to have the effective date coincide with the traditional September 1 vehicle model year changeover date, this document changes the effective date of the amendments to September 1, 2006.

This document denies a Petition for Reconsideration filed by Crossgates Baptist Church directed at the staff letter action dismissing the Petition for Rulemaking requesting the reservation of vacant FM Channel 244C2 at Walnut Grove, Mississippi for noncommercial educational use. With this action, the proceeding is terminated.

The Financial Crimes Enforcement Network (FinCEN) of the Department of the Treasury (Treasury) and the Board of Governors of the Federal Reserve System (Board) are reviewing the threshold in the rule requiring banks and nonbank financial institutions to collect and retain information on funds transfers and transmittals of funds. FinCEN is reviewing the threshold in the rule requiring banks and nonbank financial institutions to transmit information on funds transfers and transmittals of funds. The requirement to collect, retain, and transmit information on funds transfers and transmittals of funds applies only to funds transfers and transmittals of funds in amounts of $3,000 or more. FinCEN and the Board (collectively, the Agencies) request comment from the public, including law enforcement and financial institutions, to assess whether the potential benefit to law enforcement of a lower threshold outweighs the potential burden to financial institutions.

NMFS proposes regulations to implement Framework Adjustment 43 (Framework 43) to the NE Multispecies Fishery Management Plan (FMP), which was developed by the New England Fishery Management Council (Council). Framework 43 proposes measures to address the incidental catch of NE multispecies by vessels fishing for Atlantic herring. The proposed measures would establish a Herring Exempted Fishery. Vessels issued a Category 1 Atlantic herring fishing permit (Category 1 vessels) would be authorized to possess incidentally caught haddock until the catch of haddock reached the level specified as an incidental haddock catch cap; upon attainment of the haddock catch cap, all herring vessels would be limited to 2,000 lb (907 kg) of herring per trip, if any of the herring on board was caught within the Gulf of Maine/Georges Bank (GOM/GB) Herring Exemption Area defined in Framework 43. Herring Category 1 vessels would also be authorized to possess up to 100 pounds (45 kg) of other regulated multispecies (cod, witch flounder, plaice, yellowtail flounder, pollock, winter flounder, windowpane flounder, redfish, and white hake), and would be required to provide advance notification of their intent to land for purposes of enforcement. Atlantic herring processors and dealers that sort herring catches as part of their operations would be required to cull and report all haddock.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus airplanes as listed above. This AD requires repetitively inspecting for cracking in the web of nose rib 7 of the inner flap on the wings, and performing related investigative/corrective actions if necessary. This AD also requires eventual replacement of nose rib 7 with a new, improved rib, which would terminate the inspections. This AD results from reports of cracking in the web of nose rib 7 of the inner flap. We are issuing this AD to prevent cracking in the web of nose rib 7, which could result in rupture of the attachment fitting between the inner flap and flap track 2, and consequent reduced structural integrity of the flap.

This final rule adopts, with specified changes, an interim rule published by the former Immigration and Naturalization Service on October 20, 1997. This final rule clarifies several issues raised under the interim rule regarding who needs an affidavit of support, how sponsors qualify, what information and documentation they must present, and when the income of other persons may be used to support an intending immigrant's application for permanent residence. These changes are intended to make the affidavit of support process clearer and less intimidating and time-consuming for sponsors, while continuing to ensure that sponsors will have sufficient means available to support new immigrants when necessary. The final rule also makes clear that, when an alien applies for adjustment of status in removal proceedings, the immigration judge's jurisdiction to adjudicate the adjustment application includes authority to adjudicate the sufficiency of the affidavit of support.

This interim final rule revises requirements and procedures for TRICARE Reserve Select pursuant to section 701 of the National Defense Authorization Act for FY 2006 (NDAA-06). TRICARE Reserve Select is the premium-based medical coverage program first made available in April 2005 for purchase by members of the Selected Reserve who fulfill the statutory qualification of having served on active duty in support of a contingency operation among other qualifications. By adding two new tiers of premium sharing by the government (50% and 85% member portion) to the existing premium tier (28% member portion), this interim final rule expands availability of TRICARE Reserve Select to include all Selected Reservists pursuant to section 702 of NDAA-06.

We, the U.S. Fish and Wildlife Service (Service), are extending the public comment period on the proposed special rule for the threatened Pacific Coast distinct population segment of the western snowy plover (Charadrius alexandrinus nivosus). Comments previously submitted need not be resubmitted as they have been incorporated into the public record and will be fully considered in the final determination.

The Office of Personnel Management is issuing a proposed regulation to change the Federal Employee Health Benefits (FEHB) Program regulations that govern continued coverage for employees who are called or ordered to serve in the uniformed services. These regulations provide extended FEHB coverage for up to 24 months to Federal employees called or ordered to active duty and who meet certain requirements, including serving in support of a contingency operation. Those employees who are called or ordered to active duty in support of a contingency operation are also eligible for premium payments by their employing agency. The purpose of these regulations is to authorize Federal agencies to continue health benefits coverage for up to 24 months for those employees called or ordered to active duty, with certain employees qualifying for agency premium contributions.

The Coast Guard is temporarily changing the regulations governing the operation of the Welch Causeway (SR 699) Bridge, Gulf Intracoastal Waterway mile 122.8, Madeira Beach, Pinellas County, Florida. This rule is needed to provide vehicular traffic relief during heavy vehicular traffic periods as well as meeting the reasonable needs of mariners during the construction of nearby bridges. This bridge will open on the hour and half hour, Friday, 2 p.m. until 6 p.m., Saturday, Sunday and Federal holidays from 10 a.m. until 6 p.m. until October 29, 2006.

NARA is revising its regulations on the locations and hours of NARA facilities to reflect the relocation of two facilities in the past fiscal year. This final rule will affect the public.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus Model A310-300 airplanes. This proposed AD would require replacing the existing non-return valve (NRV) of the auxiliary center tanks (ACTs) of the fuel system with a new, improved NRV. This proposed AD results from a report that it was not possible to transfer fuel from ACTs 1 and 2 during flight, and no electronic centralized aircraft monitor warnings were triggered. Investigation revealed a faulty static inverter and blown fuse, resulting in failure of certain fueling bus bars and subsequent failure of the automatic ACT fuel transfer. We are proposing this AD to prevent these failures, combined with failure of the NRV to close. If the NRV is open during flight, the fuel supply to the engines may be reduced during cross-feed operation to the extent that fuel starvation could occur and result in engine flameout.

The Environmental Protection Agency (EPA) is removing its final rule to grant a petition submitted by Tokusen U.S.A, Inc. to exclude (or delist) a certain F006 filter cake generated by its Conway, Arkansas Plant from the lists of hazardous wastes. This rule removes the final rule published in 67 FR 79874 (December 31, 2002). The EPA has received data from the facility indicating that the waste currently generated is no longer representative of the waste for which the petition was submitted. EPA acknowledges these changes and has requested that Tokusen withdraw its petition. Tokusen may submit a new delisting petition for the waste stream at any time.

The Coast Guard proposes to establish temporary special local regulations for the ``Crystal Coast Super Boat Grand Prix'', a power boat race to be held on the waters of Bogue Banks adjacent to Morehead City, NC. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in the Morehead City Turning Basin including sections of the Intra-Coastal Waterways and Morehead City Channel during the power boat race.

The FAA is adopting a new airworthiness directive (AD) for certain EMBRAER Model ERJ 170 airplanes. This AD requires inspecting for excess sealant applied to the attachment bolts of the negative pressure relief valve, and performing corrective actions if necessary. This AD results from reports that excess sealant was applied to the attachment bolts of the negative pressure relief valve, which interfered with the valve's movable diaphragm. We are issuing this AD to prevent incorrect operation of the negative pressure relief valve, which could result in negative pressures that exceed the structural strength limits of the airframe and lead to reduced structural integrity of the airplane.