June 2006 – Federal Register Recent Federal Regulation Documents

EPA's Office of Pollution Prevention and Toxics (OPPT) has discovered an error in the mailing address that appears in certain sections of 40 CFR chapter I, subchapter R. By these technical amendments, OPPT corrects those errors.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to all Airbus Model A318, A319, A320, and A321 airplanes. The existing AD currently requires a one-time inspection to determine the serial number of both main landing gear (MLG) sliding tubes, repetitive detailed inspections for cracking of the affected MLG sliding tubes, and corrective actions if necessary. This proposed AD would retain these inspections and add new repetitive inspections for cracking of the MLG sliding tubes. This proposed AD would also require eventual replacement of both MLG shock absorbers. Doing this replacement would terminate the repetitive inspection requirements of this proposed AD. This proposed AD results from a determination that additional inspections and mandatory replacement of the MLG shock absorbers are necessary. We are proposing this AD to detect and correct cracking in an MLG sliding tube, which could result in failure of the sliding tube, loss of one axle, and consequent reduced controllability of the airplane.

This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If FEMA receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date.

The Bureau of Industry and Security (BIS) is publishing this final rule to amend the Export Administration Regulations (EAR) to expand export and reexport controls on certain biological agents and toxins (referred to, herein, as ``select agents and toxins'') that have been determined by the Centers for Disease Control and Prevention (CDC), U.S. Department of Health and Human Services, and the Animal and Plant Health Inspection Service (APHIS), U.S. Department of Agriculture, to have the potential to pose a severe threat to human, animal and plant life, as well as certain sectors of the U.S. economy (e.g., agriculture). Prior to the publication of this rule, twenty-two of these agents were not listed on the Commerce Control List (CCL) and one of these agents was incompletely specified therein. By amending the EAR to add a new CCL entry that controls CDC and/or APHIS select agents and toxins (including associated genetic elements, recombinant nucleic acids, and recombinant organisms) not previously specified on the CCL, this rule complements the controls that CDC and AHPIS have imposed on the possession, use, and transfer of these select agents and toxins within the United States. The addition of these items to the CCL is expected to have a minimal impact on U.S. industry, since the volume of exports and reexports is extremely limited. This rule also amends the EAR to clarify controls on certain medical products containing AG-controlled toxins, other than ricin or saxitoxin, by revising the definition of such products to clearly indicate that they include pharmaceutical formulations, prepackaged for distribution as clinical or medical products, that have been approved by the Food and Drug Administration (FDA) for use as an ``Investigational New Drug'' (IND). Specifically, this rule clarifies that FDA-approved IND products containing AG-controlled toxins (except ricin or saxitoxin) are considered to be ``medical products'' as described in the CCL entry that controls vaccines, immunotoxins, medical products, and diagnostic and food testing kits. BIS is making this clarification because the previous revision to the definition of medical products inadvertently failed to specify that such products include IND items. Furthermore, this clarification is consistent with the language in the AG exemption for clinical and medical products containing botulinum toxins and conotoxins, since the AG exemption applies when such products are designed for ``testing,'' as well as human administration, in the treatment of medical conditions. In addition, this rule removes the license requirements for exports and reexports to St. Kitts and Nevis of items that require a license for export or reexport only to countries of concern for chemical and biological weapons proliferation (CB) reasons. This change is being made because St. Kitts and Nevis is not listed in Country Group D:3. As a result of this change, there is now a one-to-one correspondence between the countries included in Country Group D:3 and the countries for which a license requirement is indicated under CB Column 3 of the Commerce Country Chart. Finally, this rule updates the list of countries that currently are States Parties to the Chemical Weapons Convention (CWC) by adding Antigua and Barbuda, Bhutan, Cambodia, the Democratic Republic of the Congo, Djibouti, Grenada, Haiti, Honduras, Liberia, and Vanuatu, which recently became States Parties. As a result of this change, the CW (Chemical Weapons) license requirements and policies in the EAR that apply to these countries now conform with those applicable to other CWC States Parties.

This notice proposes to establish Class E airspace at St. Joseph Medical Center, Towson, Maryland. The development of an Area Navigation (RNAV), Standard instrument Approach Procedures (SIAP) and Helicopter RNAV (GPS) 269 approach for the St. Joseph Medical Center to serve flights operating into the airport during Instrument Flight Rules (IFR) conditions makes this action necessary. Controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain aircraft executing an approach. The area would be depicted on aeronautical charts for pilot reference.

This notice proposes to establish Class E airspace at Robert Packer Hospital, Sayre, PA. The development of an Area Navigation (RNAV) Standard Instrument Approach Procedure (SIAP) and Helicopter RNAV (GPS) 135 approach for the Robert Packer Hospital to serve flights operating into the airport during Instrument Flight Rules (IFR) conditions makes this action necessary. Controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain aircraft executing an approach. The area would be depicted on aeronautical charts for pilot reference.

EPA is proposing to approve revisions to the Indiana State Implementation Plan (SIP) for ozone. The state is adding four chemical compounds to its list of compounds that are now exempt from being considered a volatile organic compound (VOC). Indiana also is removing a compound from the list of hazardous air pollutants (HAP). The revisions Indiana made parallel the changes EPA made to our VOC definitions and HAP list on November 29, 2004 and that became effective on December 29, 2004. Four VOCs were found by EPA to make a negligible contribution to tropospheric ozone formation. The compounds are: 1,1,1,2,2,3,3- heptafluoro-3-methoxy-propane, 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6- dodecafluoro-2-(trifluoromethyl)hexane, 1,1,1,2,3,3,3- heptafluoropropane, and methyl formate. Companies producing or using the four compounds will no longer need to follow the VOC rules for these compounds. The requirements for t-butyl acetate are also modified. It is not considered a VOC for emission limits and content requirements. T-butyl acetate will still be considered a VOC for the recordkeeping, emissions reporting, and inventory requirements. Indiana is removing ethylene glycol monobutyl ether (EGBE) (2- Butoxyethanol) from its HAP list, too. EGBE will no longer be considered a hazardous air pollutant.

EPA is approving a revision to the Missouri State Implementation Plan (SIP). This approval pertains to revisions to the state's rule which restricts emissions from specific Missouri lead smelter-refinery installations. The effect of this approval is to remove duplication between two SIP-approved documents, and does not affect the stringency of the requirements.

This amendment adopts a new airworthiness directive (AD) for Eurocopter France (Eurocopter) Model EC130 B4 helicopters. This action requires inspecting the throttle twist grip (twist grip) assembly for any foreign body (chip or debris), any rotating micro-switch, and any micro-switch roller that does not move freely. If any unairworthy condition is found, this action requires that it be corrected before further flight. This amendment is prompted by two reports of a twist grip assembly jamming in the ``IDLE'' position. The actions specified in this AD are intended to detect and prevent jamming of the twist grip assembly, which, if present, could keep the engine from operating above idle speed and result in subsequent loss of control of the engine power of the helicopter.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 747-400 series airplanes. This AD requires inspecting the support bracket of the crew oxygen cylinder installation to determine the manufacturing date marked on the support, and performing corrective action if necessary. This AD results from a report indicating that certain oxygen cylinder supports may not have been properly heat-treated. We are issuing this AD to prevent failure of the oxygen cylinder support under the most critical flight load conditions, which could cause the oxygen cylinder to come loose and leak oxygen. Leakage of oxygen could result in oxygen being unavailable for the flightcrew or could result in a fire hazard in the vicinity of the leakage.

The FAA is superseding an existing airworthiness directive (AD), which applies to certain Boeing Model 747-100 and -200 series airplanes. That AD currently requires repetitive inspections for cracking of the station 800 frame assembly, and repair if necessary. This new AD retains the repetitive inspection requirements of the existing AD, but expands the area to be inspected. This AD also reduces the initial inspection threshold, removes the adjustment of the compliance threshold and repetitive interval based on cabin differential pressure, and adds airplanes to the applicability. This AD results from several reports of cracks of the station 800 frame assembly on airplanes that had accumulated fewer total flight cycles than the initial inspection threshold in the existing AD. We are issuing this AD to detect and correct fatigue cracks that could extend and fully sever the frame, which could result in development of skin cracks that could lead to rapid depressurization of the airplane.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 737-600, -700, -700C, -800, and -900 series airplanes. This AD requires replacing the fuel shutoff valve wires and conduit assemblies in the left and right engine strut aft fairing areas. This AD results from a report that an operator discovered many small chafe marks and exposed shield braid on fuel shutoff wires routed through a conduit in the wing. We are issuing this AD to prevent exposed wires that could provide an ignition source in a flammable leakage zone and possibly lead to an uncontrolled fire or explosion.

In this final rule, PHMSA is amending the Hazardous Materials Regulations (HMR) to adopt standards for the design, construction, maintenance and use of cylinders and multiple-element gas containers based on the standards contained in the United Nations Recommendations on the Transport of Dangerous Goods. Aligning the HMR with the international standards promotes greater flexibility, permits the use of advanced technology for the manufacture of pressure receptacles, provides for a broader selection of pressure receptacles, reduces the need for special permits, and facilitates international commerce in the transportation of compressed gases without sacrificing the current level of safety and without imposing undue burdens on the regulated community.

EPA is proposing new source standards of performance for stationary spark ignition internal combustion engines. EPA is also proposing national emission standards for hazardous air pollutants for stationary reciprocating internal combustion engines that either are located at area sources of hazardous air pollutant emissions or that have a site rating of less than or equal to 500 brake horsepower and are located at major sources of hazardous air pollutant emissions.

This final rule updates the pipeline safety regulations to incorporate by reference all or parts of new editions of voluntary consensus technical standards to enable pipeline operators to utilize current technology, materials, and practices.

NMFS announces that the Pacific Fishery Management Council (Council) has submitted Amendment 18 to the Pacific Coast Groundfish Fishery Management Plan (FMP) for Secretarial review. Amendment 18 would modify the FMP to implement a bycatch minimization program for the Pacific coast groundfish fisheries. Amendment 18 is intended to respond to court orders in to establish a bycatch minimization program in the FMP.

EPA is proposing to approve revisions to the Nevada State Implementation Plan (SIP). These revisions concern the Air Pollution sections of the Nevada Revised Statutes (NRS). We are proposing to approve the submitted statutes in order to bring the Nevada SIP up to date. These statutes are being approved under the Clean Air Act as amended in 1990 (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.

The Office of Personnel Management (OPM) is issuing interim regulations to implement statutory changes to veterans' preference contained in the National Defense Authorization Act for FY 2006. These changes expand the definition of a veteran and clarify veterans' preference eligibility for individuals discharged or released from active duty. The intended effect of these changes is to provide conformity between veterans' preference laws and OPM regulations, to further ensure that job seeking veterans receive the preference to which they are entitled.

The FAA proposes to adopt a new airworthiness directive (AD) for Pratt & Whitney PW4074, PW4074D, PW4077, PW4077D, PW4084D, PW4090, PW4090-3, and PW4098 turbofan engines, with certain front turbine hub part numbers installed. This proposed AD would require a onetime visual inspection of the anti-rotation slots in the front turbine hub, for a machining nonconformance, and its replacement if the inspection failed. This proposed AD results from a report of a crack found in an anti- rotation slot of a front turbine hub, during overhaul shop inspection. The anti-rotation slot geometry was not machined in conformance with the design drawing. We are proposing this AD to prevent uncontained engine failure, damage to the airplane, and injury to passengers.

This action sets forth EPA's decision after reconsidering certain aspects of the March 29, 2005 final rule entitled ``Revision of December 2000 Regulatory Finding on the Emissions of Hazardous Air Pollutants From Electric Utility Steam Generating Units and the Removal of Coal- and Oil-Fired Electric Utility Steam Generating Units from the Section 112(c) List'' (Section 112(n) Revision Rule). We are also issuing our final decision regarding reconsideration of certain issues in the May 18, 2005 final rule entitled ``Standards of Performance for New and Existing Stationary Sources: Electric Utility Steam Generating Units'' (Clean Air Mercury Rule; CAMR). After considering the petitions for reconsideration and the comments received, we are not revising the final Section 112(n) Revision Rule other than explaining in more detail what we meant by the effectiveness element in the term ``necessary.'' The only two substantive changes we are making to CAMR in response to comments involve revisions to the State mercury (Hg) allocations, and to the new source performance standards (NSPS). We also are finalizing the regulatory text that clarifies the applicability of CAMR to municipal waste combusters (MWC) and certain industrial boilers. Finally, we are denying the requests for reconsideration with respect to all other issues raised in the petitions for reconsideration submitted for both rules.

The Bureau of Industry and Security is correcting a final rule that appeared in the Federal Register on June 5, 2006 (71 FR 32272). This rule corrects an inadvertent error in the telephone number listed in the For Further Information Contact: section of the preamble.

The Department of State (Department) adopts as final certain proposed amendments to existing au pair regulations. These changes will permit au pair sponsors to request a one-time extension of six, nine, or 12 months beyond an au pair participant's original 12-month period of program participation).

We are amending the fruits and vegetables regulations to provide for the importation of untreated citrus (grapefruit, sweet oranges, and tangerines) from Mexico for processing under certain conditions. We believe the conditions under which untreated citrus from Mexico will be allowed importation to be sufficient for safeguarding fruit that are moving from Mexico to Texas. This action will relieve unnecessary restrictions while continuing to protect against the introduction of quarantine pests through imported fruits.

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving an amendment to the Missouri regulatory program (Missouri program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Previously we substituted direct Federal enforcement for portions of the Missouri program. Missouri regained full authority for its program on February 1, 2006. Missouri proposed to amend its approved regulatory program and submitted a temporary emergency regulatory program rule (emergency rule) to revise Missouri's regulations regarding bonding of surface coal mining and reclamation operations. The emergency rule will allow Missouri to transition from a ``bond pool'' approach to bonding to a ``full cost bond'' approach in a timely manner. Missouri proposed to revise its program to improve operational efficiency.

This document corrects a final rule appearing in the Federal Register on May 30, 2006 (71 FR 30722) concerning the licensing, inspection, and annual fees charged to NRC applicants and licensees in compliance with the Omnibus Budget Reconciliation Act of 1990, as amended. This action is necessary to correct typographical and printing errors.