July 2006 – Federal Register Recent Federal Regulation Documents

EPA is promulgating revised standards to limit emissions of perchloroethylene (PCE) from existing and new dry cleaning facilities. On September 22, 1993, EPA promulgated technology-based emission standards to control emissions of PCE from dry cleaning facilities. EPA has reviewed these standards and is promulgating revisions to take into account new developments in production practices, processes, and control technologies. In addition, EPA has evaluated the remaining risk to public health and the environment following implementation of the technology-based rule and is promulgating more stringent standards for major sources in order to protect public health with an ample margin of safety. The final standards are expected to provide further reductions of PCE beyond the 1993 national emission standards for hazardous air pollutants (NESHAP), based on application of equipment and work practice standards and, in certain situations, disallowing the use of PCE at dry cleaning facilities. In addition, EPA is taking this opportunity to make some technical corrections to the 1993 Dry Cleaning NESHAP.

This regulation establishes an exemption from the requirement of a tolerance for residues of 2H-azepin-2-one, 1-ethenylhexahydro-, homopolymer; when used as an inert ingredient in a pesticide chemical formulation BASF AG submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA) requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of 2H-azepin-2-one, 1-ethenylhexahydro-, homopolymer.

This regulation establishes an exemption from the requirement of a tolerance for residues of 2-propenoic acid, 2- methyl-, polymer with ethenylbenzene, 2-ethylhexyl 2-propenoate, 2-hydroxyethyl 2- propenoate, N-(hydroxymethyl) -2-methyl-2-propenamide and methyl 2- methyl-2-propenoate, ammonium salt when used as an inert ingredient in a pesticide chemical formulation. E. I. du Pont de Nemours and Company, Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA) requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of 2-propenoic acid, 2-methyl-, polymer with ethenylbenzene, 2-ethylhexyl 2-propenoate, 2-hydroxyethyl 2- propenoate, N-(hydroxymethyl) -2-methyl-2-propenamide and methyl 2- methyl-2-propenoate, ammonium salt.

We are proposing to amend the fruits and vegetables regulations to allow the importation into the United States of litchi, longan, mango, mangosteen, pineapple, and rambutan from Thailand. As a condition of entry, these fruits would have to be grown in production areas that are registered with and monitored by the national plant protection organization of Thailand, treated with irradiation in Thailand at a dose of 400 gray for plant pests of the class Insecta, except pupae and adults of the order Leipdoptera, and subject to inspection. The fruits would also have to be accompanied by a phytosanitary certificate with an additional declaration stating that the fruit had been treated with irradiation in Thailand. In the case of litchi, the additional declaration would also state that the fruit had been inspected and found to be free of Peronophythora litchii, a fungal pest of litchi. This action would allow for the importation of litchi, longan, mango, mangosteen, pineapple, and rambutan from Thailand into the United States while continuing to provide protection against the introduction of quarantine pests into the United States.

We are amending the imported fire ant regulations by designating as quarantined areas all of 2 counties in Arkansas and all or portions of 21 counties in Tennessee. As a result of this action, the interstate movement of regulated articles from those areas will be restricted. This action is necessary to prevent the artificial spread of imported fire ant to noninfested areas of the United States.

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 KIDD (DDG 100) 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.

NCUA is proposing to amend its investment rules to allow federal credit unions to enter into investment repurchase transactions in which the instrument consists of first-lien mortgage notes. The proposed amendment establishes a credit concentration limit, minimum credit rating, requirement for an independent assessment of market value, a maximum term, and custodial requirements for the transactions.

The Commission issued this document responding to a petition for correction submitted by Verizon, Inc. and a petition for reconsideration submitted by the Wisconsin Pay Telephone Association (WPTA). The Commission granted Verizon's petition to correct the order by clarifying that Verizon's affiliate, Verizon North, is not a Bell Operating Company (BOC) by definition of the Act. The Commission denied the WPTA's petition for reconsideration of the Commission's decision that the Wisconsin Public Utility Commission should properly determine BOC intrastate payphone line rates in the State of Wisconsin to determine compliance with the new services test established by the Commission.

The Coast Guard is establishing a permanent special local regulation for the Dragon Boat Races held annually on the second Saturday and Sunday of June on the waters of the Willamette River, Portland, Oregon. These special local regulations limit the movement of non-participating vessels in the regulated race area. This rule will provide for the safety of life on navigable waters during the event. This rule will also remove special local regulations for the formerly- annual, Clarkston, Washington, Limited Hydroplane Races which no longer occur on a regular basis.

This regulation establishes an exemption from the requirement of a tolerance for residues of 2-propenoic, 2-methyl-, polymers with ethyl acrylate and polyethylene glycol methylacrylate C18-22 alkyl ethers (CAS No. 888969-14-0) when used as an inert ingredient in a pesticide chemical formulation. The Lubrizol Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA) requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of 2-propenoic, 2-methyl-, polymers with ethyl acrylate and polyethylene glycol methylacrylate C18-22 alkyl ethers.

The FAA is adopting a new airworthiness directive (AD) for McCauley Propeller Systems propeller models B5JFR36C1101/114GCA-0, C5JFR36C1102/L114GCA-0, B5JFR36C1103/114HCA-0, and C5JFR36C1104/ L114HCA-0. This AD requires a onetime fluorescent penetrant inspection (FPI) and eddy current inspection (ECI) of propeller blades for cracks, and if any crack indications are found, removing the blade from service. This AD results from a report of two propeller blades on the same propeller assembly, found cracked during propeller overhaul. We are issuing this AD to detect cracks in the propeller blade that could cause failure and separation of the propeller blade and loss of control of the airplane.

NMFS announces that the Commonwealth of Virginia is transferring 125,000 lb (56,699 kg) of commercial bluefish quota to the State of New York from its 2006 quota. By this action, NMFS adjusts the quotas and announces the revised commercial quota for New York and Virginia.

This amendment revises an existing airworthiness directive (AD) for Eurocopter France (Eurocopter) Model AS-365N2, AS 365 N3, EC 155B, EC155B1, SA-365N, N1, and SA-366G1 helicopters that currently requires inspecting the main gearbox (MGB) base plate for a crack and replacing the MGB if a crack is found. This amendment increases the time intervals for inspecting the MGB base plate and includes minor editorial changes throughout the AD. This amendment is prompted by crack growth tests that indicate that the inspection intervals can be increased without affecting safety. The actions specified by this AD are intended to detect a crack in an MGB base plate and prevent failure of one of the MGB attachment points to the frame, which could result in severe vibration and subsequent loss of control of the helicopter.

In this notice, the Alcohol and Tobacco Tax and Trade Bureau proposes the adoption of mandatory labeling standards for major food allergens used in the production of alcohol beverages subject to the labeling requirements of the Federal Alcohol Administration Act. The proposed regulations set forth in this document also provide procedures for petitioning for an exemption from allergen labeling. The proposed regulations parallel the recent amendments to the Federal Food, Drug and Cosmetic Act contained in the Food Allergen Labeling and Consumer Protection Act of 2004. Under the proposed regulations, producers, bottlers, and importers of wines, distilled spirits, and malt beverages must declare the presence of milk, eggs, fish, Crustacean shellfish, tree nuts, wheat, peanuts, and soybeans, as well as ingredients that contain protein derived from these foods, on a product label unless an exemption applies to the product in question.

NMFS proposes regulations to implement measures in FW 42 to the NE Multispecies Fishery Management Plan (FMP) and FW 3 to the Monkfish FMP (Joint Framework). FW 42, which was developed by the New England Fishery Management Council (Council), is a biennial adjustment to the NE Multispecies FMP that would implement a rebuilding program for Georges Bank (GB) yellowtail flounder and modify NE multispecies fishery management measures to reduce fishing mortality rates (F) on six other groundfish stocks in order to maintain compliance with the rebuilding program of the FMP. FW 42 also proposes to modify and continue specific measures to mitigate the economic and social impacts of Amendment 13 to the NE Multispecies FMP and allow harvest levels to approach optimum yield (OY).

This document revises an earlier proposed airworthiness directive (AD), applicable to certain McDonnell Douglas Model DC-8 airplanes. That proposed AD would have required a one-time inspection for cracks of the aft fuselage skin panel at the longeron 28 skin splice; repair of any cracks detected; and reporting of the findings of the inspection to the manufacturer. This new action revises the proposed AD by removing airplanes from the applicability; and adds repetitive inspections for cracks in the same area, a one-time inspection for previous repairs, and repair if necessary. This new action also would require reporting the inspection findings to the manufacturer, and would provide optional actions for extending the repetitive inspection intervals. The requirements proposed by this new action are intended to detect and correct cracks in the aft fuselage skin at the longeron 28 skin splice, which could lead to loss of structural integrity of the aft fuselage, resulting in rapid decompression of the airplane. This action is intended to address the identified unsafe condition.

The Food and Drug Administration (FDA) is amending certain device regulations to include address information for the Center for Biologics Evaluation and Research and the Center for Drug Evaluation and Research. These regulations pertain to the submission of certain documents to FDA. Currently, only address information for the Center for Devices and Radiological Health is listed in these regulations. This action is being taken to ensure the accuracy of FDA's regulations.

NARA is revising its regulations with respect to research room and museum hours at its facilities in the Washington, DC, area. The operating costs for these facilities have been increasing every year, particularly for staffing, security services and utilities. In these times of fiscal restraint, NARA has determined reluctantly that it is necessary to curtail service during time frames when only a small percentage of our users are present to ensure that we are able to provide quality services to customers during the times of greatest public use while we are also conducting other mission-critical duties. This regulation will affect individuals who use our archival research rooms in the National Archives Building and National Archives at College Park facility, and individuals who visit the National Archives Experience and the Rotunda exhibits in the National Archives Building. This rule also makes minor edits to related provisions, which are discussed in the SUPPLEMENTARY INFORMATION section, and adds the archival research room at the National Personnel Records Center to our list of research facilities.

Section 15(b) of the Consumer Product Safety Act, 15 U.S.C. 2064(b), requires manufacturers, distributors, and retailers of consumer products to report potential product hazards to the Consumer Product Safety Commission. On May 26, 2006, the Commission solicited comments on proposed revisions to its interpretative rule advising manufacturers, distributors, and retailers how to comply with the requirements of section 15(b). The proposed revisions identified additional factors the Commission and staff consider when assessing whether a product is defective or not. The proposed revisions also clarified that compliance with voluntary or mandatory product safety standards may be considered by the Commission in making certain determinations under section 15. After considering public comments, the Commission issues the accompanying final rule.\1\

The FAA is proposing new and revised airworthiness standards for normal and transport category rotorcraft due to technological advances in design and operational trends in normal and transport rotorcraft performance and handling qualities. The changes would enhance the safety standards for performance and handling qualities to reflect the evolution of rotorcraft capabilities.

The FAA is adopting a new airworthiness directive (AD) for certain CASA Model C-212-CC airplanes. This AD restricts the operation of the airplane to carrying either passengers or cargo (but not both) in the same compartment, unless the airplane is modified to include an approved protective liner between the passengers and the cargo. This AD results from our determination that affected airplanes, when carrying both cargo and passengers in the same compartment, cannot achieve the required level of performance. We are issuing this AD to prevent a hazardous quantity of smoke, flames, and/or fire extinguishing agent from the cargo compartment from entering a compartment occupied by passengers or crew.

The FAA is adopting a new airworthiness directive (AD) for all Airbus Model A300 B4-600, B4-600R, and F4-600R series airplanes, and Model C4-605R Variant F airplanes (collectively called A300-600 series airplanes); and Model A310-200 and -300 series airplanes. This AD requires a one-time inspection of the trimmable horizontal stabilizer actuator (THSA), corrective actions if necessary, and follow-on repetitive tasks. This AD results from reports of THSAs that have reached their design operational life. We are issuing this AD to extend the operational life of the THSA to prevent a possible failure of high- time THSAs, which could result in reduced controllability of the airplane.

NMFS is prohibiting directed fishing for pelagic shelf rockfish in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2006 total allowable catch (TAC) of pelagic shelf rockfish in the Central Regulatory Area of the GOA.

The Energy Policy Act of 2005 (EPACT 2005) includes amendments to the Energy Policy and Conservation Act (EPCA) to provide for new Federal energy efficiency and water conservation test procedures, and related definitions, for certain consumer products and certain commercial and industrial equipment. The amendments direct the Department of Energy (DOE or the Department) to establish new test procedures for many of these products and certain equipment, in most cases based on applicable testing practices generally accepted by industry and other government agencies. Today, DOE proposes test procedures for eleven types of products for which EPACT 2005 identified specific test procedures. In addition, DOE proposes test procedures for three other products for which EPACT 2005 did not specify specific test procedures. Furthermore, the Department is proposing to adopt a new version of the current test procedure for small commercial package air- conditioning and heating equipment, which will not change the existing requirements. The Department is also proposing regulations for sampling during compliance testing, compliance certification, and enforcement to ensure compliance with EPACT's energy conservation standards. Today's proposed rule also includes compliance certification, and enforcement provisions that would also apply to commercial heating, ventilating, and air conditioning products, as well as commercial water heating products. The Department is also announcing a public meeting to discuss all of the above referenced proposals. Furthermore, the Department is announcing proposed technical corrections to the October 18, 2005 Final Rule, 70 FR 60407, which the Department has described in detail in today's proposed rule and will add to the rule language.