August 2006 – Federal Register Recent Federal Regulation Documents

EPA is proposing rule revisions that would modify existing requirements for sources affected by the federally administered emission trading programs including the NOX Budget Trading Program, the Acid Rain Program, the Clean Air Interstate Rule, and the Clean Air Mercury Rule. The proposed revisions are prompted primarily by changes being implemented by EPA's Clean Air Markets Division in its data systems in order to utilize the latest modern technology for the submittal of data by affected sources. Other revisions address issues that have been raised during program implementation, fix specific inconsistencies in rule provisions, or update sources incorporated by reference. These revisions would not impose significant new requirements upon sources with regard to monitoring or quality assurance activities.

EPA is announcing that the comment period to the proposed rule entitled Standards Applicable to Generators of Hazardous Waste; Standards Applicable to Academic Laboratories published on May 23, 2006 (71 FR 29711) is being extended until September 20, 2006. In the proposed rule EPA is requesting comment on alternative options for proposed laboratory requirements for colleges and universities. In addition, the proposal requests comment on expanding the rule to include other types of laboratories that operate and have waste generation patterns similar to college and university laboratories.

The Coast Guard is establishing a temporary 600-foot radius safety zone in support of bridge construction operations being conducted in the vicinity of the Route 33 Bridge (Eltham Bridge) over the Pumunkey River near the Town of West Point, VA. This action is intended to restrict vessel traffic on the Pamunkey River as necessary to protect mariners from the hazards associated with bridge construction operations.

NMFS is prohibiting directed fishing for Atka mackerel with gears other than jig gear in the Eastern Aleutian District and the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2006 total allowable catch (TAC) of Atka mackerel in these areas. NMFS is also announcing the opening and closing dates of the first and second directed fisheries within the harvest limit area (HLA) in Statistical Areas 542 and 543. These actions are necessary to prevent exceeding the HLA limits established for the Central (area 542) and Western (area 543) Aleutian Districts pursuant to the 2006 Atka mackerel TAC.

This document contains a correction to the final regulations which were published Wednesday, August 9, 2006. Those regulations established a number of requirements to improve enforceability and monitoring in the reef fish fishery in the Gulf of Mexico.

These special conditions are issued for the Airbus A380-800 airplane. This airplane will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. Many of these novel or unusual design features are associated with the complex systems and the configuration of the airplane, including its full-length double deck. For these design features, the applicable airworthiness regulations do not contain adequate or appropriate safety standards regarding loading conditions for multi-leg landing gear. These 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. Additional special conditions will be issued for other novel or unusual design features of the Airbus Model A380-800 airplane.

The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Bayville Bridge, across Mill Neck Creek, mile 0.1, at Oyster Bay, New York. This deviation allows the bridge owner to open only one of the two moveable bascule spans for the passage of vessel traffic from September 5, 2006 through September 29, 2006. This deviation is necessary to facilitate scheduled bridge maintenance.

The Department of Energy (Department or DOE), with the concurrence of the Office of Government Ethics (OGE), published an interim final rule on July 5, 1996, to establish standards of ethical conduct, applicable to employees of the Department, that supplement the Standards of Ethical Conduct for Employees of the Executive Branch issued by the Office of Government Ethics, and to revise the Department's residual standards regulation. The rule requires Department employees to document notices of disqualification and withdrawals of such notices in writing. It also requires that Department employees obtain the written approval of their immediate supervisor and the Department's designated agency ethics official or such official's designee prior to engaging in certain outside employment. The Department now discusses comments received in response to the interim final rule, and adopts that rule as final with certain changes to the Department's residual standards previously issued.

The FAA proposes to adopt a new airworthiness directive (AD) for certain EMBRAER Model ERJ 170 and ERJ 190 airplanes. This proposed AD would require repetitive inspections to detect damaged smoke seals in the aft avionics compartment, repair/replacement if any damage is found, and reinforcement if no damage is found. This proposed AD also would require eventual replacement of all smoke seals in the aft avionics compartment with new, improved seals having new part numbers, which would terminate the repetitive inspections. This proposed AD results from a report of damaged smoke seals in the aft avionics compartment of the affected airplanes. We are proposing this AD to prevent smoke from penetrating into the passenger cabin during a fire in the avionics compartment.

On May 19, 2006, the Federal Energy Regulatory Commission issued a Notice of Proposed Rulemaking (NOPR) proposing to amend its regulations to revise Subpart H to Part 35 of the Code of Federal Regulations governing market-based rates for public utilities pursuant to the Federal Power Act. 71 FR 33101 (2006). The date for filing reply comments on the proposed rule is extended at the request of the Edison Electric Institute.

The Delaware River Basin Commission (``Commission'' or DRBC) will hold a public hearing to receive comments on a proposed amendment to the Commission's Water Quality Regulations, Water Code, and Comprehensive Plan to extend through September 30, 2007 the temporary classification of the Lower Delaware River as Significant Resource Waters (SRW). The SRW classification was enacted by Commission Resolution No. 2005-2 on January 19, 2005 and initially was due to expire on September 30, 2005. Based upon analysis of additional water quality data, the Commission proposed to decide by the latter date whether to classify certain sections of the Lower Delaware River as Outstanding Basin Waters (OBW) and whether to make the SRW classification permanent for some or all of the Lower Delaware. By Resolution No. 2005-15 approved on September 26, 2005, the temporary classification was extended through September 30, 2006 in order to allow additional time for the Commission to evaluate implementation options and establish numeric values for existing water quality. In order to complete its evaluation of implementation approaches, the Commission is today proposing to extend the temporary classification for up to twelve months more. If approved, the classification would thus expire on September 30, 2007 unless the Commission should either permanently classify the Lower Delaware River or once again extend the temporary classification by rule amendment prior to that date. Permanent classification is anticipated, following an additional notice and comment rulemaking when the Commission has resolved remaining implementation issues. Extending the temporary classification will help to protect the exceptional scenic, recreational and water quality values of the Lower Delaware from degradation in the interim.

The FAA is correcting a typographical error in an existing airworthiness directive (AD) that was published in the Federal Register on June 16, 2006 (71 FR 34808). The error resulted in a reference only to the left main fuel tank in paragraph (f)(2) of that AD rather than to both the left and right main fuel tanks. This AD applies to certain Boeing Model 777-200, -300, and -300ER series airplanes. This AD requires a one-time inspection of the first bonding jumper aft of the bulkhead fitting to detect damage or failure and to determine the mechanical integrity of its electrical bonding path, and repair if necessary; measurement of the bonding resistance between the fitting for the fuel feed tube and the front spar in the left and right main fuel tanks, and repairing the bonding if necessary; and application of additional sealant to completely cover the bulkhead fittings inside the fuel tanks.

This amendment establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and/or Weather Takeoff Minimums for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, addition of new obstacles, or changes in air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

The FAA is adopting a new airworthiness directive (AD). The new AD is for Sandel Avionics Incorporated Model ST3400 TAWS/RMI units as described above. This AD requires installing a warning placard on the TAWS/RMI and revising the Limitations section of the airplane flight manual (AFM). This AD also requires installing upgraded software in the TAWS/RMI. This AD results from a report that an in-flight bearing error occurred in a Model ST3400 TAWS/RMI configured to receive bearing information from a very high frequency omnidirectional range (VOR) receiver interface via a composite video signal, due to a combination of input signal fault and software error. We are issuing this AD to prevent a bearing error, which could lead to an airplane departing from its scheduled flight path, which could result in a reduction in separation from, and a possible collision with, other aircraft or terrain.

This document contains corrections to final regulations that were published in the Federal Register on Tuesday, March 14, 2006 (71 FR 13008) regarding guidance on suspension of losses on certain stock dispositions.

The Department of Homeland Security, through the Transportation Security Administration and the United States Coast Guard, published an Notice of Proposed Rulemaking titled ``Transportation Worker Identification Credential (TWIC) Implementation in the Maritime Sector; Hazardous Materials Endorsement for a Commercial Driver's License'' on May 22, 2006. In response to letters from Congress about the proposed rule, we sent out the letter below and want to make the public aware of this correspondence.

In this document, the Federal Communications Commission (Commission) undertakes an examination of possible changes to service rules that primarily govern wireless licenses in the 698-746, 747-762, and 777-792 MHz bands (700 MHz Band) currently occupied by television (TV) broadcasters and being made available for new services as a result of the digital television (DTV) transition. Because of statutory changes, industry developments, and the fact more than four years have passed since the Commission adopted its initial band plans and service rules governing these licenses, the Commission is revisiting various of its earlier rule decisions regarding these 700 MHz Band licenses. The Commission also is requesting comment on: the tentative conclusion that services provided by licensees in the 700 MHz Band, and in other bands subject to Miscellaneous Wireless Communications Services rules including the Advanced Wireless Services in the 1710-1755 MHz and 2110- 2155 MHz bands (AWS-1), should be subject to 911 and enhanced 911 (911/ E911) and hearing aid-compatibility requirements to the same extent that such services would be covered if provided in other bands; and how to modify Commission rules to ensure that they include all similar wireless services.

The Environmental Protection Agency (EPA) proposes to promulgate a Federal Implementation Plan (FIP) under the Clean Air Act (the Act) for tribes in Indian country. The FIP would include two basic air quality regulations for the protection of communities in Indian country. The first rule would apply to minor stationary sources and minor modifications at major stationary sources in Indian country (minor NSR rule). The second rule would apply to all new major stationary sources and major modifications located in areas of Indian country that are designated as not attaining the National Ambient Air Quality Standards (NAAQS) (nonattainment major NSR rule). These rules would be implemented by EPA, or a delegate tribal agency assisting EPA with administration of the rules, until replaced by an EPA-approved tribal implementation plan for an area of Indian country.

The National Labor Relations Board (NLRB) is issuing interim regulations with a request for comments concerning the procedures used to collect debts that are owed to the NLRB. These interim regulations conform to the legislative changes enacted in the Debt Collection Improvement Act of 1996 (DCIA) and the amended procedures presented in the Federal Claims Collection Standards (FCCS) issued by the Department of the Treasury (Treasury) and the Department of Justice (DOJ). These regulations are intended to improve the NLRB's collection of debts owed to the United States.

The Coast Guard is establishing a temporary safety zone encompassing the navigable waters of Presque Isle Bay during the Celebrate Erie Fireworks on August 20, 2006. This safety zone is necessary to ensure the safety of spectators and vessels from the hazards associated with fireworks displays. This safety zone is intended to restrict vessel traffic from a portion of Presque Isle Bay, Erie, Pennsylvania.

The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Galveston Causeway Railroad Bascule Bridge across the Gulf Intracoastal Waterway, mile 357.2 west of Harvey Locks, at Galveston, Galveston County, Texas. This deviation provides for two (2) three-hour closures to conduct scheduled maintenance to the drawbridge.

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 the unsafe condition described in the MCAI.

The U.S. Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking (PRM-36-01) submitted by the American National Standards Institute N43.10 Committee. The petitioner requested that the NRC amend its regulations to provide relief from the requirements to have an operator present onsite whenever an irradiator is operated using an automatic product conveyor system and whenever product is moved into or out of the radiation room when an irradiator is operated in a batch mode. In addition, the petitioner requested relief from the requirement to have a person who has received training, described in the regulations, on how to respond to alarms onsite at a panoramic irradiator where static irradiations (no movement of the product) are occurring.

EPA is proposing to update a portion of the Outer Continental Shelf (``OCS'') Air Regulations. Requirements applying to OCS sources located within 25 miles of States' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (``COA''), as mandated by section 328(a)(1) of the Clean Air Act, as amended in 1990 (``the Act''). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources by the Ventura County Air Pollution Control District (Ventura County APCD). The intended effect of approving the OCS requirements for the Ventura County APCD is to regulate emissions from OCS sources in accordance with the requirements onshore. The change to the existing requirements discussed below is proposed to be incorporated by reference into the Code of Federal Regulations and is listed in the appendix to the OCS air regulations.

EPA is approving a State Implementation Plan (SIP) revision submitted by the Virginia Department of Environmental Quality. This revision amends Virginia regulations by updating the definition of ``volatile organic compound''. This action is being taken under the Clean Air Act (CAA or the Act).