July 12, 2006 – Federal Register Recent Federal Regulation Documents

Civil Penalty Factors
Document Number: E6-10963
Type: Proposed Rule
Date: 2006-07-12
Agency: Consumer Product Safety Commission, Agencies and Commissions
Sections 20(b) and (c) of the Consumer Product Safety Act, 15 U.S.C. 2069(b), (c), require certain factors to be considered in assessing and compromising penalties. A new interpretative rule is proposed that identifies and explains other factors that may be considered by the Commission and staff in evaluating the appropriateness and amount of a civil penalty.\1\
Funding and Fiscal Affairs, Loan Policies and Operations, and Funding Operations; Investments in Farmers' Notes
Document Number: E6-10940
Type: Proposed Rule
Date: 2006-07-12
Agency: Farm Credit Administration, Agencies and Commissions
The Farm Credit Administration (FCA or Agency) withdraws its proposed rule to amend regulations governing investments in farmers' notes (Farmers' Notes), and terminates this rulemaking. This notice informs the public that this rulemaking has ended.
Radio Broadcasting Services; Various Locations
Document Number: E6-10935
Type: Rule
Date: 2006-07-12
Agency: Federal Communications Commission, Agencies and Commissions
The Commission, on its own motion, editorially amends the Table of FM Allotments to specify the actual classes of channels allotted to various communities. The changes in channel classifications have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of Section 73.3573(a)(1) of the Commission's Rules Concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), Amendment of the Commission's Rules to permit FM Channel and Class Modifications by Applications, 8 FCC Rcd 4735 (1993) and Streamlining of Radio Technical Rules in Part 73 and 74 of the Commission's Rules, 15 FCC Rcd 21649 (2000).
Radio Broadcasting Services; East Liverpool, OH and Moon Township, PA
Document Number: E6-10934
Type: Rule
Date: 2006-07-12
Agency: Federal Communications Commission, Agencies and Commissions
The Audio Division has denied the petition for reconsideration of Keymarket Licenses, LLC (``Keymarket''), seeking reconsideration of the Audio Division's return of Keymarket's petition for rulemaking to reallot Channel 282B from East Liverpool, Ohio, to Moon Township, Pennsylvania. Keymarket filed a petition for rule making proposing change of community for Station WOGF (FM) from East Liverpool, Ohio, to Moon Township, Pennsylvania. Keymarket also proposed to change the transmitter site of Station WOGF (FM). The proposal was returned as unacceptable, because it would exacerbate an existing short-spacing. In this Memorandum Opinion and Order, the Audio Division denied Keymarket's petition for reconsideration of the return of Keymarket's petition for rulemaking.
Duties of Plan Sponsor Following Mass Withdrawal
Document Number: E6-10919
Type: Rule
Date: 2006-07-12
Agency: Pension Benefit Guaranty Corporation, Agencies and Commissions
This document amends part 4281 (Duties of Plan Sponsor Following Mass Withdrawal) to make technical changes to conform to amendments made to part 4044 (Allocation of Assets in Single-Employer Plans) in a final rule published in the Federal Register on December 2, 2005. That final rule updated PBGC's mortality tables used for certain valuations for single-employer plans. Part 4281, which provides rules for valuing benefits in multiemployer plans following mass withdrawal, refers to the mortality tables in part 4044. Technical amendments are needed to conform the references in part 4281 to the changes in part 4044.
Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) Airplanes
Document Number: E6-10913
Type: Proposed Rule
Date: 2006-07-12
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. The existing AD currently requires repetitive inspections for cracks, sealant damage, and corrosion of the main fittings of the main landing gear (MLG), and corrective actions if necessary. This proposed AD would reduce the compliance times for inspecting certain low-utilization airplanes, and provide a terminating action for the repetitive inspections. This proposed AD results from a report of a cracked main fitting of the MLG. We are proposing this AD to detect and correct fatigue cracking of the main fitting of the MLG and consequent failure of the main fitting, which could result in the collapse of the MLG.
Airworthiness Directives; Bombardier Model DHC-8-400 Series Airplanes
Document Number: E6-10912
Type: Proposed Rule
Date: 2006-07-12
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier Model DHC-8-400 series airplanes. This proposed AD would require inspecting for fouling and chafing damage of the outboard brake control cable of the main landing gear, replacing the control cable if necessary, reworking the control cable cover, and, if applicable, manufacturing/installing an offset plate on the control cable cover. This proposed AD is prompted by a review of brake control cable operation conducted by the manufacturer. We are proposing this AD to prevent abrasion and wear of the outboard brake control cable, which could lead to cable separation and reduced control of airplane braking.
Airworthiness Directives; Gulfstream Aerospace Model G-159 Airplanes
Document Number: E6-10911
Type: Proposed Rule
Date: 2006-07-12
Agency: Federal Aviation Administration, Department of Transportation
This document revises an earlier supplemental notice of proposed rulemaking (NPRM), applicable to all Gulfstream Aerospace Corporation Model G-159 airplanes, that would have required repetitive non-destructive testing inspections to detect corrosion of the skin of certain structural assemblies, and corrective action if necessary. The first supplemental NPRM also would have required x-ray and ultrasonic inspections to detect corrosion and cracking of the splicing of certain structural assemblies, and repair if necessary. This new action revises the proposed rule by limiting the time certain repetitive inspections may be repeated before corrective action must be taken. The actions specified by this new proposed supplemental AD are intended to detect and correct corrosion and cracking of the lower wing plank splices and spot-welded skins of certain structural assemblies, which could result in reduced controllability of the airplane. This action is intended to address the identified unsafe condition.
Special Conditions: Dassault Aviation Model Falcon 7X Airplane, Windshield Coating in Lieu of Wipers
Document Number: E6-10894
Type: Proposed Rule
Date: 2006-07-12
Agency: Federal Aviation Administration, Department of Transportation
This action proposes special conditions for the Dassault Aviation Model Falcon 7X airplane. This airplane will have a novel or unusual design feature(s) associated with use of a hydrophobic coating, rather than windshield wipers, as the means to maintain a clear portion of the windshield during precipitation conditions, as required by the airworthiness standards for transport category airplanes. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Tire Identification and Recordkeeping; Correction
Document Number: E6-10893
Type: Rule
Date: 2006-07-12
Agency: National Highway Traffic Safety Administration, Department of Transportation
In order to facilitate notification to consumers of defective or nonconforming tires, our tire recordkeeping regulation sets forth, among other things, the methods by which independent tire dealers and distributors record, on standard registration forms, their names and addresses and the identification number of the tires sold to consumers, and provide these forms to the consumers for reporting their names to the tire manufacturers. One of the figures related to tire registration forms had been inadvertently deleted through an administrative error. This document corrects this inadvertent removal.
Navigation and Navigable Waters; Technical, Organizational, and Conforming Amendments
Document Number: E6-10890
Type: Rule
Date: 2006-07-12
Agency: Department of Homeland Security, Coast Guard
This rule makes non-substantive changes throughout Title 33 of the Code of Federal Regulations. The purpose of this rule is to make conforming amendments and technical corrections to Coast Guard navigation and navigable water regulations. This rule will have no substantive effect on the regulated public.
Amendment to Fireworks Safety Standards; Advance Notice of Proposed Rulemaking; Request for Comments and Information
Document Number: E6-10881
Type: Proposed Rule
Date: 2006-07-12
Agency: Consumer Product Safety Commission, Agencies and Commissions
The Commission is considering whether there may be a need to update and strengthen its regulation of fireworks devices. This advance notice of proposed rulemaking (``ANPR'') initiates a rulemaking proceeding under the Federal Hazardous Substances Act (``FHSA''). The Commission is soliciting written comments concerning the risks of injury associated with fireworks that do not comply with the current fireworks device regulations, the regulatory options discussed in this notice, other possible ways to address these risks, and the economic impacts of the various regulatory alternatives. The Commission also invites interested persons to submit an existing standard, or a statement of intent to modify or develop a voluntary standard, to address the risk of injury described in this notice.\1\
Implantation or Injectable Dosage Form New Animal Drugs; Hyaluronate Sodium Injection
Document Number: E6-10879
Type: Rule
Date: 2006-07-12
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a supplemental new animal drug application (NADA) filed by Pharmacia & Upjohn Co., a Division of Pfizer, Inc. The supplemental NADA provides for a revised food safety warning on labeling for hyaluronate sodium injectable solution.
New Animal Drugs for Use in Animal Feeds; Melengestrol, Lasalocid, and Tylosin
Document Number: E6-10878
Type: Rule
Date: 2006-07-12
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of an abbreviated new animal drug application (ANADA) filed by Ivy Laboratories, Div. of Ivy Animal Health, Inc. The ANADA provides for use of single-ingredient Type A medicated articles containing melengestrol, lasalocid, and tylosin to make three-way combination drug Type C medicated feeds for heifers fed in confinement for slaughter.
Oral Dosage Form New Animal Drugs; Clindamycin Capsules and Tablets
Document Number: E6-10877
Type: Rule
Date: 2006-07-12
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a supplemental abbreviated new animal drug application (ANADA) filed by Virbac AH, Inc. The supplemental ANADA provides for an expanded dose range and revised wording of indications for the oral use of clindamycin hydrochloride tablets in dogs for the treatment of certain bacterial diseases.
Indiana; Final Approval of State Underground Storage Tank Program
Document Number: E6-10866
Type: Rule
Date: 2006-07-12
Agency: Environmental Protection Agency
The State of Indiana has applied for approval of the underground storage tank program under Subtitle I of the Resource Conservation and Recovery Act (RCRA). The Environmental Protection Agency (EPA) has reviewed the Indiana application and has reached a final determination that Indiana's underground storage tank program satisfies all of the requirements necessary to qualify for approval under the regulations. Thus, the EPA is granting final approval to the State of Indiana to operate its Underground Storage Tank Program for petroleum and hazardous substances.
Imidacloprid; Pesticide Tolerance Technical Correction
Document Number: E6-10860
Type: Rule
Date: 2006-07-12
Agency: Environmental Protection Agency
EPA issued a final rule in the Federal Register of March 22, 2006, concerning the establishment of pesticide tolerances for combined residues of imidacloprid on oats and rye. This document is being issued to correct a typographical error and a typographical omission.
Unlicensed Devices in the 5 GHz Band
Document Number: E6-10794
Type: Rule
Date: 2006-07-12
Agency: Federal Communications Commission, Agencies and Commissions
This document addresses petitions for reconsideration and clarification of the Commission's rules for 5 GHz U-NII devices adopted in the Report and Order in ET Docket No. 03-122 and revises the measurement procedures for certifying U-NII devices in the 5 GHz band. Our action will ensure that all applications for equipment certification of U-NII devices comply with the U-NII requirements.
Radio Broadcasting Services; Altamont and Odin, IL
Document Number: E6-10793
Type: Rule
Date: 2006-07-12
Agency: Federal Communications Commission, Agencies and Commissions
The Audio Division, at the request of Benjamin L. Stratemeyer, allots Channel 288A at Altamont, Illinois, as the community's first local service. Channel 288A can be allotted to Altamont, Illinois, in compliance with the Commission's minimum distance separation requirements with a site restriction of 6.2 kilometers (3.9 miles) southwest of Altamont. The coordinates for Channel 288A at Altamont, Illinois, are 39-01-44 North Latitude and 88-48-22 West Longitude.
Radio Broadcasting Services; Key West, FL
Document Number: E6-10748
Type: Rule
Date: 2006-07-12
Agency: Federal Communications Commission, Agencies and Commissions
This document denies a Petition for Reconsideration filed by Call Communications Group directed at a staff letter action in this proceeding, which dismissed the Petition for Rulemaking requesting the reservation of vacant FM Channel 224A at Key West, Florida for noncommercial educational use. With this action, the proceeding is terminated.
Radio Broadcasting Services; Lake Isabella, CA
Document Number: E6-10747
Type: Rule
Date: 2006-07-12
Agency: Federal Communications Commission, Agencies and Commissions
This document denies a Petition for Reconsideration filed by Living Proof, Inc. directed at a staff letter action in this proceeding, which dismissed the Petition for Rulemaking requesting the reservation of vacant FM Channel 239A at Lake Isabella, California for noncommercial educational use. With this action, the proceeding is terminated.
Radio Broadcasting Services; Culebra and Vieques, Puerto Rico
Document Number: E6-10729
Type: Proposed Rule
Date: 2006-07-12
Agency: Federal Communications Commission, Agencies and Commissions
We deny the petition for rule making filed by Western New Life, Inc., proposing the substitution of Channel 291A for Channel 254A at Culebra, Puerto Rico. To accommodate the substitution, Petitioner also proposed the deletion of vacant Channel 291B at Vieques, Puerto Rico. We find that neither the deletion of Channel 291B, nor the alternative downgrade and substitution of Channel 254A for Channel 291B at Vieques, is in the public interest. Specifically, expressions of interest have been filed to retain the Vieques vacant channel as a Class B allotment.
Preventing Undue Discrimination and Preference in Transmission Service
Document Number: E6-10724
Type: Proposed Rule
Date: 2006-07-12
Agency: Department of Energy, Federal Energy Regulatory Commission
On May 19, 2006, the Commission issued a notice of proposed rulemaking proposing amendments to its regulations adopted in Order Nos. 888 and 889, and to the pro forma open access transmission tariff, to ensure that transmission services are provided on a basis that is just, reasonable and not unduly discriminatory or preferential, 70 FR 32635, June 6, 2006. The reply comment period is being extended at the request of the Edison Electric Institute.
Special Conditions; Cessna Aircraft Company Model 510 Airplane; Full Authority Digital Engine Control (FADEC) System
Document Number: E6-10469
Type: Rule
Date: 2006-07-12
Agency: Federal Aviation Administration, Department of Transportation
On June 16, 2006, we published a document on special conditions for Cessna Aircraft Company on the Model 510 airplane for full authority digital engine control system. There was an error in the background of the document in reference to the future type certificate number. This notice removes that sentence from the background; no change to the special conditions portion is necessary.
Risk-Based Capital Regulation Amendment
Document Number: C6-5330
Type: Proposed Rule
Date: 2006-07-12
Agency: Federal Housing Enterprise Oversight Office, Department of Housing and Urban Development
Proposed Modification of Class E Airspace; Honolulu International Airport, HI
Document Number: 06-6143
Type: Proposed Rule
Date: 2006-07-12
Agency: Federal Aviation Administration, Department of Transportation
This notice proposes to modify the Class E airspace area at Honolulu International Airport, HI. The establishment of an Area Navigation (RNAV) Required Navigation Performance (RNP) Instrument Approach Procedures (IAP) to Runway (RWY) 08L and 26L at Honolulu International Airport, Honolulu, HI has made this proposal necessary. Additional controlled airspace extending upward from 700 feet or more above the surface of the earth is needed to contain aircraft executing the RNAV (RNP) IAP to RWY 08L/26L at Honolulu International Airport. The intended effect of this proposal is to provide adequate controlled airspace for Instrument Flight Rules (IFR) operations at Honolulu International Airport, Honolulu, HI.
Approval and Promulgation of Implementation Plans; Arizona-Phoenix PM-10 Nonattainment Area; Salt River Area Plan for Attainment of the 24-Hour PM-10 Standard
Document Number: 06-6111
Type: Proposed Rule
Date: 2006-07-12
Agency: Environmental Protection Agency
EPA proposes to approve under the Clean Air Act (CAA) provisions of the Revised PM-10 State Implementation Plan for the Salt River Area submitted by the State of Arizona to EPA in October and November 2005. These submittals include adopted rules and commitments that address particulate matter (PM-10) emissions from fugitive dust sources. EPA is proposing to approve these submittals as meeting the best available control measure (BACM) requirements of CAA section 189(b)(1)(B) and the most stringent measure requirement (MSM) of section 188(e) or as strengthening the state implementation plan (SIP). We are taking comments on this proposal and plan to follow with a final action.
Federal Implementation Plan for the Billings/Laurel, Montana, Sulfur Dioxide Area
Document Number: 06-6096
Type: Proposed Rule
Date: 2006-07-12
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) proposes to promulgate a Federal Implementation Plan (FIP) containing emission limits and compliance determining methods for several sources located in Billings and Laurel, Montana. EPA is proposing a FIP because of our previous partial and limited disapprovals of the Billings/Laurel Sulfur Dioxide (SO2) SIP. The intended effect of this action is to assure attainment of the SO2 national ambient air quality standard (NAAQS) in the Billings/Laurel, Montana area. EPA is taking this action under sections 110 and 307 of the Clean Air Act (Act).
Medicaid Program; Citizenship Documentation Requirements
Document Number: 06-6033
Type: Rule
Date: 2006-07-12
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This interim final rule with comment period amends Medicaid regulations to implement the provision of the Deficit Reduction Act that requires States to obtain satisfactory documentary evidence of an applicant's or recipient's citizenship and identity in order to receive Federal financial participation. This regulation provides States with guidance on the types of documentary evidence that may be accepted, including alternative forms of documentary evidence in addition to those described in the statute and the conditions under which this documentary evidence can be accepted to establish the applicant's declaration of citizenship. It also gives States guidance on the processes that may be used to help minimize the administrative burden on both States and applicants and recipients.
Grazing AdministrationExclusive of Alaska
Document Number: 06-5788
Type: Rule
Date: 2006-07-12
Agency: Department of the Interior, Bureau of Land Management, Part II, Land Management Bureau
The Bureau of Land Management (BLM) amends its regulations concerning how BLM administers livestock grazing on public lands. The changes ensure that BLM documents its consideration of the social, cultural, environmental, and economic consequences of grazing changes; provide that changes in grazing use will be phased in under certain circumstances; allow permittees, lessees, and others to share title to range improvements with BLM in certain circumstances; make clear how BLM will authorize grazing if a BLM decision affecting a grazing permit is stayed pending administrative appeal; remove provisions in the present regulations concerning conservation use grazing permits; ensure adequate time for developing and successfully implementing an appropriate management action when BLM finds that rangelands do not meet standards and guidelines for rangeland health and that authorized grazing is a significant factor in not achieving one or more land health standards or not conforming with guidelines for grazing administration; and revise some administrative service charges. We intend these changes to contribute to improving working relationships with permittees and lessees, protecting the health of the rangelands and increasing administrative efficiency and effectiveness.
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