August 2, 2006 – Federal Register Recent Federal Regulation Documents
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Spectrum Requirements for Advanced Medical Technologies
This document focuses on ways to better accommodate the operation of implanted and body-worn medical transmitters in the 400 MHz band. These devices use wireless technologies for increasingly sophisticated and beneficial health care applications. Such applications currently include cardiac defibrillators for heart patients and real-time blood sugar monitoring devices for diabetics, and may, in the future, include applications as diverse as brain, muscle and nerve stimulation techniques for treating an array of conditions from Parkinson's disease to severe chronic depression. The Commission tentatively concludes that modifying its current rules and designating an additional two megahertz of spectrum in the adjacent 401-402 MHz and 405-406 MHz bands) would appropriately provide needed capacity and more flexible operating rules for beneficial medical radio communication devices and thereby serve the public interest.
Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries
The final rule implementing the specifications for the 2005 fishing year for Atlantic mackerel, squid, and butterfish (MSB) clarified the expiration date of the limited entry program for Illex squid, established a minimum mesh requirement for the butterfish fishery, and removed a regulatory requirement for annual specifications to be published by a specific date. These regulatory measures were intended to be of a permanent nature, unlike the specifications themselves, which expired January 1, 2006. An error in the final rule caused these three measures to expire; this proposed rule would restore the regulatory requirements. This action is being taken by NMFS under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
Passenger Manifests for Commercial Aircraft Arriving in and Departing From the United States; Passenger and Crew Manifests for Commercial Vessels Departing From the United States
This document provides an additional 60 days for interested persons to submit comments on the proposed rule to amend the Customs and Border Protection Regulations pertaining to the electronic transmission of passenger manifests for commercial aircraft arriving in and departing from the United States and of passenger and crew manifests for commercial vessels departing from the United States. The proposed rule provides air carriers a choice to make manifest transmissions either for each passenger as passengers check in for the flight, up to but no later than 15 minutes prior to departure, or in batch form (a complete manifest containing all passenger data) no later than 60 minutes prior to departure. The proposed rule also provides for vessel carriers transmitting passenger and crew manifests no later than 60 minutes prior to the vessel's departure from the United States. The proposed rule was published in the Federal Register on July 14, 2006, and the comment period was scheduled to expire on August 14, 2006.
Conflicts of Interest in Self-Regulation and Self-Regulatory Organizations
On July 7, 2006, the Commission published proposed Acceptable Practices for section 5(d)(15) of the Commodity Exchange Act (``Act'').\1\ Comments on the proposal were originally due by August 7, 2006. Now, at the request of interested parties, the Commission is extending the comment period to September 7, 2006.
Simplified Standards for Rail Rate Cases
The Surface Transportation Board has instituted a proceeding to seek public comments on proposed changes to revise and clarify its guidelines for deciding small rate cases. In particular, the Board proposes to: create a simplified stand-alone cost (Simplified-SAC) method to be used in medium-size rate disputes for which a full stand- alone cost (Full-SAC) presentation would be too costly, given the value of the case; retain the Three-Benchmark method for small rate disputes for which a Simplified-SAC presentation would be too costly; and establish eligibility presumptions to distinguish between large, medium-size, and small rail rate disputes. These changes are intended to advance Congress' mandate to ``establish a simplified and expedited method for determining the reasonableness of challenged rail rates in those cases in which a full SAC presentation is too costly, given the value of the case.'' 49 U.S.C. 10701(d)(3).
Federal Sector Equal Employment Opportunity
The Equal Employment Opportunity Commission (EEOC or Commission) is issuing a final rule implementing the posting requirements set forth in Title III of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act), Pub. L. 107-174. The No FEAR Act requires a Federal agency to post on its public Web site summary statistical data pertaining to complaints of employment discrimination filed under 29 CFR part 1614 by employees, former employees and applicants for employment. Title III authorizes EEOC to issue rules concerning the ``time, form and manner'' of the postings, to define the terms ``issue'' and ``basis,'' and to issue any other ``rules necessary to carry out'' Title III.
Airworthiness Directives; EADS SOCATA Model TBM 700 Airplanes
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) issued by an airworthiness authority of another country to identify and correct an unsafe condition on an aviation product. The proposed AD would require actions that are intended to address an unsafe condition described in the MCAI.
Apricots Grown in Designated Counties in Washington; Temporary Relaxation of the Minimum Grade Requirement
This rule relaxes the minimum grade requirement prescribed under the Washington apricot marketing order for the 2006 shipping season only. The marketing order regulates the handling of fresh apricots grown in designated counties in the State of Washington, and is administered locally by the Washington Apricot Marketing Committee (Committee). This rule relaxes the minimum grade requirement for fresh apricots from Washington No. 1 grade to Washington No. 2 grade. This rule will enable handlers to ship more fruit into fresh market channels, taking into consideration hail damage caused to Washington apricots during the growing season. This change is expected to increase returns to producers and to make more fresh apricots available to consumers.
Drawbridge Operation Regulations; Elizabeth River, Eastern Branch, Virginia
The Commander, Fifth Coast Guard District, has approved a temporary deviation from the regulations governing the operation of the Berkley Bridge, at mile 0.4, across the Eastern Branch of the Elizabeth River in Norfolk, Virginia to facilitate repair and replacement of electrical and mechanical equipment. This deviation allows vessel openings of the drawbridge upon three hours advance notice each day between 9 a.m. to 3 p.m., beginning Monday, July 31, 2006 until and including Friday, August 4, 2006.
Drawbridge Operation Regulations; Charles River, Boston, MA
The Coast Guard is temporarily changing the drawbridge operation regulations that govern the Department of Conservation and Recreation (DCR), Craigie Bridge, formerly, the Metropolitan District Commission, Craigie Bridge, across the Charles River, mile 1.0, at Boston, Massachusetts. This temporary rule in effect from July 24, 2006 through September 30, 2006, requires the Craigie Bridge to open on signal on the half-hour only between 12 p.m. and 8 p.m. on Saturday and Sunday and it also extends the rush hour closed periods normally in effect Monday through Friday, by one-hour. This temporary final rule is necessary to enhance public safety by alleviating vehicular traffic delays caused by the Central Artery Connecter tunnel closure.
Safety Zone; Vermont Air National Guard 60th Anniversary Air Show, Burlington Bay, Burlington, VT
The Coast Guard is establishing a temporary safety zone for the Vermont Air National Guard 60th Anniversary Air Show on August 18 and 19, 2006 in Burlington, Vermont. This zone will temporarily close all waters in Burlington Bay from Lone Rock Point 44[deg]29[min]43[sec] N 073[deg]14[min]56[sec] W SE to Oakledge Park 44[deg]27[min]15[sec] N 073[deg]14[min]52[sec] W, thence from the Burlington South break wall light 44[deg]28[min]12[sec] N 073[deg]13[min]32[sec] W extending due east to the shore, thence from the Burlington north break wall 44[deg]28[min]50[sec] N 073[deg]13[min]47[sec] W and extending due east to the shore. The safety zone, which temporarily prohibits entry into or movement within this portion of Burlington Bay, is necessary to safeguard the public from possible hazards associated with an air show. Entry into this zone by any vessel is prohibited unless specifically authorized by the Captain of the Port, Northern New England or his designated representative.
Fenhexamid; Pesticide Tolerance
This regulation establishes tolerances for residues of fenhexamid in or on nonbell pepper, pomegranate, and cilantro leaves. Interregional Research Project No.4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).
Inert Ingredient; Revocation of the Wheat Bran Tolerance Exemption
EPA is revoking, under the Federal Food, Drug, and Cosmetic Act (FFDCA) section 408(e)(1), the existing exemption from the requirement of a tolerance for residues of the inert ingredient ``wheat bran'' under 40 CFR 180.910. This regulatory action contributes toward the Agency's tolerance reassessment requirements under FFDCA section 408(q), as amended by the Food Quality Protection Act (FQPA) of 1996. By law, EPA is required by August 2006 to reassess the tolerances that were in existence on August 2, 1996. This regulatory action counts as a tolerance reassessment toward the August 2006 review deadline.
Inert Ingredients; Revocation of Two Tolerance Exemptions
EPA is revoking two exemptions from the requirement of a tolerance that are associated with two inert ingredients (ethylene glycol monomethyl ether and methylene blue) because these substances are no longer contained in active Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) pesticide product registrations. These ingredients are subject to reassessment by August 2006 under section 408(q) of the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA). The two tolerance exemptions are considered ``reassessed'' for purposes of FFDCA's section 408(q) and count as a tolerance reassessment toward the August 2006 review deadline.
Regulation of Prepaid Calling Card Services
In this document, the Federal Communications Commission (Commission) takes steps necessary to protect the federal universal service program and promote stability in the market for prepaid calling cards. In particular, the Commission will treat certain prepaid calling card service providers as telecommunications service providers. As such, these providers must pay intrastate access charges for interexchange calls that originate and terminate in the same state and interstate access charges on interexchange calls that originate and terminate in different states. They also must contribute to the federal Universal Service Fund (USF) based on their interstate revenues, subject to the limitations set forth below. The Commission also addresses a petition for interim relief filed by AT&T and adopts interim rules to facilitate compliance with the universal service and access charge rules. Specifically, on an interim and prospective basis, the Commission requires all prepaid calling card providers to comply with certain reporting and certification requirements.
Radio Broadcasting Services; Madisonville and Rosebud, TX
This document, at the request of Petitioner Charles Crawford, dismisses his pending petition for rulemaking to allot Channel 267A at Rosebud, Texas. The dismissed proposal would have required a change in reference coordinates for Channel 267A at Madisonville, Texas, and the reclassification of Station KNUE(FM), Tyler, Texas to a Class C0 facility. The document therefore terminates this proceeding.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Individual Fishing Quota Program for Gulf Commercial Red Snapper Fishery
NMFS announces the availability of Amendment 26 to the Fishery Management Plan (FMP) for the Reef Fish Resource of the Gulf of Mexico (Amendment 26) prepared by the Gulf of Mexico Fishery Management Council (Council). Amendment 26 would establish an Individual Fishing Quota (IFQ) program for the Gulf of Mexico commercial red snapper fishery. The intended effect of Amendment 26 is to reduce overcapacity in the commercial red snapper fishery and to eliminate, to the extent possible, the problems associated with derby fishing, in order to assist the Council in achieving optimum yield (OY) from the fishery.
Defense Information Systems Agency (DISA)
This document removes part 362, ``Defense Information Systems Agency (DISA)'' presently in Title 32 of the Code of Federal Regulations. This part has served the purpose for which it was intended in the CFR and is no longer necessary.
Proposed Establishment of Class D Airspace; Eastman, GA
This notice proposes to change the name of the Eastman-Dodge County Airport to Heart of Georgia Regional Airport and to establish Class D airspace at Eastman, GA. On October 9, 1995, the Eastman-Dodge County Airport Authority adopted a name change for the airport. A non- Federal contract tower with a weather reporting system is being constructed at Heart of Georgia Regional Airport. Therefore, the airport will meet criteria for Class D airspace. Class D surface area airspace is required when the control tower is open to contain Standard Instrument Approach Procedures (SIAPs) and other Instrument Flight Rules (IFR) operations at the airport. This action would establish Class D airspace extending upward from the surface to and including 2,500 feet MSL within a 4.1-mile radius of the airport.
Proposed Establishment of Class E Airspace; Butler, GA
This notice proposes to establish Class E airspace at Butler, GA. Area Navigation (RNAV) Global Positioning System (GPS) and Nondirectional Radio Beacon (NDB) Standard Instrument Approach Procedures (SIAPs) Runway (RWY) 18 and RWY 36 have been developed for Butler Municipal Airport. As a result, controlled airspace extending upward From 700 Feet Above Ground Level (AGL) is needed to contain the SIAPs and for Instrument Flight Rules (IFR) operations at Butler Municipal Airport. The operating status of the airport will change from Visual Flight Rules (VFR) to include IFR operations concurrent with the publication of the SIAPs.
Proposed Modification of Class E Airspace; Honolulu International Airport, HI; Correction
This action corrects an error in the airspace description of the Notice of Proposed Rulemaking that was published in the Federal Register on July 12, 2006 (71 FR 39247), Airspace Docket No. 06-AWP-9.
Special Conditions: McCauley Propeller Systems, Model 3D15C1401/C80MWX-X Propeller
This action proposes special conditions for McCauley Propeller Systems. This 3D15C1401/C80MWX-X model propeller will have a novel or unusual design features(s) associated with composite blades. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed special conditions contain the added safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Establishment of Policies and Service Rules for the Broadcasting-Satellite Service
The Federal Communications Commission proposes application processing and service rules for the 17/24 GHz Broadcasting Satellite Service (BSS). The Commission proposes and/or seeks comment on a number of issues, including: licensing procedures, posting of performance bonds, milestone schedules, limits on pending applications, annual reporting, license terms, replacement satellites, access to the U.S. market from non-U.S. satellites; public interest obligations, copyright and broadcast carriage, equal employment opportunity, geographic service coverage, and emergency alert system participation; use of internationally allocated spectrum by receiving stations located outside the United States; orbital spacing and antenna performance standards; technical requirements for intra-service sharing; other technical requirements, such as reverse band operations, tracking, telemetry, and command operations, polarization, and full frequency re- use requirements; and technical requirements for inter-service sharing in the 17 and 24 GHz bands.
Marine Mammals; Incidental Take During Specified Activities
The Fish and Wildlife Service (Service) has developed regulations that would authorize the nonlethal, incidental, unintentional take of small numbers of polar bears and Pacific walrus during year-round oil and gas industry (Industry) exploration, development, and production operations in the Beaufort Sea and adjacent northern coast of Alaska. Industry operations for the covered period are similar to, and include all activities covered by the previous 16- month Beaufort Sea incidental take regulations that were effective from November 28, 2003, through March 28, 2005 (68 FR 66744, November 28, 2003). This rule is effective for 5 years from date of issuance. We find that the total expected takings of polar bear and Pacific walrus during oil and gas industry exploration, development, and production activities will have a negligible impact on these species and will not have an unmitigable adverse impact on the availability of these species for subsistence use by Alaska Natives. We base this finding on the results of 12 years of data on the encounters and interactions between polar bears, Pacific walrus, and Industry; recent studies of potential effects of Industry on these species; and oil spill risk assessments using oil spill trajectory models, polar bear density models, potential and documented Industry impacts on these species, and models to determine the likelihood of impacts to polar bears should an accidental oil release occur.
Cost-of-Living Allowances (Nonforeign Areas); COLA Rate Changes
The Office of Personnel Management is issuing final regulations to change the cost-of-living allowance rates received by certain white-collar Federal and U.S. Postal Service employees in Alaska, Hawaii, Guam and the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands. The changes are the result of living-cost surveys conducted in 2002, 2003, and 2004.
Alachlor, Chlorothalonil, Methomyl, Metribuzin, Thiodicarb; Order Denying Petition To Revoke Tolerances
In this Order, EPA denies, in part, a petition requesting the modification or revocation of the pesticide tolerances for alachlor, chlorothalonil, methomyl, metribuzin, and thiodicarb established under section 408 of the Federal Food, Drug, and Cosmetic Act (``FFDCA''). The petition was filed on December 17, 2004, by the States of New York, California, and Connecticut, and the Commonwealth of Massachusetts (``the States''). In their petition, the States contend that the risks posed by these pesticide tolerances must be assessed utilizing the additional tenfold (10X) safety factor for the protection of infants and children and that once this additional factor is included the challenged tolerances no longer meet the safety standard under FFDCA section 408. EPA is denying the petition to modify or revoke as to the tolerances for the pesticides alachlor, chlorothalonil, and metribuzin. EPA is deferring action on the petition as regards the tolerances for methomyl and thiodicarb given the ongoing Agency proceedings to address the safety of these pesticides.
Assessment and Collection of Regulatory Fees for Fiscal Year 2006
In this document, we conclude a proceeding to collect $288,771,000 in regulatory fees for Fiscal Year (FY) 2006, pursuant to section 9 of the Communications Act of 1934, as amended (the Act), and an additional $10,000,000 as required by section 3013 of the Deficit Reduction Act (Pub. L. 109-171). These fees are mandated by Congress and are collected to recover the regulatory costs associated with the Commission's enforcement, policy and rulemaking, user information, and international activities.
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