September 2006 – Federal Register Recent Federal Regulation Documents

The Office of Personnel Management is issuing final regulations to provide Federal agencies with the authority to grant a newly appointed or reappointed employee credit for prior work experience that otherwise would not be creditable for the purpose of determining the employee's annual leave accrual rate. An agency may use this authority to recruit an individual with the skills and experience necessary to achieve an important agency mission or performance goal.

The FAA issues these special conditions for Gulfstream Aerospace Corporation Model G150 airplanes modified by Gulfstream Aerospace Corporation, Dallas, Texas. These modified airplanes will have novel or unusual design features when compared with the state of technology envisioned in the airworthiness standards for transport category airplanes. The modification consists of installing an electronic laser inertial reference system. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for protecting these systems from effects of high-intensity radiated fields (HIRF). 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.

This amendment amends Standard Instrument Approach Procedures (SIAPs) for operations at certain airports. These regulatory actions are needed 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.

As part of a comprehensive plan for reducing the serious risk of rollover crashes and the risk of death and serious injury in those crashes, this document proposes to establish a new Federal motor vehicle safety standard (FMVSS) No. 126 to require electronic stability control (ESC) systems on passenger cars, multipurpose vehicles, trucks and buses with a gross vehicle weight rating of 4,536 Kg (10,000 pounds) or less. ESC systems use automatic computer-controlled braking of individual wheels to assist the driver in maintaining control in critical driving situations in which the vehicle is beginning to lose directional stability at the rear wheels (spin out) or directional control at the front wheels (plow out). Based on our own crash data studies, NHTSA estimates that the installation of ESC will reduce single-vehicle crashes of passenger cars by 34 percent and single vehicle crashes of sport utility vehicles (SUVs) by 59 percent, with a much greater reduction of rollover crashes. Preventing single-vehicle loss-of-control crashes is the most effective way to reduce deaths resulting from rollover crashes. This is because most loss of control crashes culminate in the vehicle leaving the roadway, which dramatically increases the probability of a rollover. NHTSA estimates that ESC has the potential to prevent 71 percent of passenger car rollovers and 84 percent of SUV rollovers in single-vehicle crashes. NHTSA estimates that ESC would save 5,300 to 10,300 lives and prevent 168,000 to 252,000 injuries in all types of crashes annually if all light vehicles on the road were equipped with ESC systems. ESC systems would substantially reduce (by 4,200 to 5,400) of the more than 10,000 deaths each year on American roads resulting from rollover crashes. About 29 percent of model year (MY) 2006 light vehicles sold in the U.S. were equipped with ESC, and manufacturers intend to increase the number of ESC installations in light vehicles to 71 percent by MY 2011. This rule would require a 100 percent installation rate for ESC by MY 2012 (with exceptions for some vehicles manufactured in stages or by small volume manufacturers). Of the overall projected annual 5,300 to 10,300 highway deaths and 168,000 to 252,000 injuries prevented, we would attribute 1,536 to 2,211 prevented fatalities (including 1,161 to 1,445 involving rollover) to this proposed rulemaking, in addition to the prevention of 50,594 to 69,630 injuries.

This document is revising the effective date of two rules published in the Federal Register of August 16, 2006: The Preliminary Assessment Information Reporting Rule (PAIR) and the Health and Safety Data Reporting Rule because of the relocation of the dockets for these two rules. Structural damage to the EPA Docket Center (EPA/DC) caused by flooding in June 2006 necessitated the relocation of the EPA/DC. Although the EPA/DC is continuing operations, the relocation of EPA/DC and resumption of normal operations has taken place during the period that withdrawal requests for removal of chemicals from these two rules would be arriving; therefore, EPA has decided that the effective dates for these two rules will be revised to ensure that all requests that were submitted to EPA by August 30, 2006, for withdrawal of chemicals listed in these two rules have been accounted for and addressed.

EPA is approving a redesignation request and a State Implementation Plan (SIP) revision submitted by the State of West Virginia. The West Virginia Department of Environmental Protection (WVDEP) is requesting that the Huntington, West Virginia (Huntington) portion of the Huntington-Ashland, WV-KY area be redesignated as attainment for the 8-hour ozone national ambient air quality standard (NAAQS). In conjunction with its redesignation request, the State submitted a SIP revision consisting of a maintenance plan for Huntington that provides for continued attainment of the 8-hour ozone NAAQS for the next 12 years, until 2018. Concurrently, EPA is approving the maintenance plan as meeting the requirements of Clean Air Act (CAA) 175A(b) with respect to the 1-hour ozone maintenance plan update. EPA is also approving the adequacy determination for the motor vehicle emission budgets (MVEBs) that are identified in the 8-hour maintenance plan for Huntington for purposes of transportation conformity, and is approving those MVEBs. EPA is approving the redesignation request and the maintenance plan revision to the West Virginia SIP in accordance with the requirements of the CAA.

This document proposes adopting a new airworthiness directive (AD) for the specified Sikorsky Aircraft Corporation (Sikorsky) model helicopters. The AD would require, within a specified time, creating a component history card or equivalent record. The AD would also require recording the hours time-in-service (TIS) and the external lift cycles (lift cycles) for each main gearbox input left and right freewheel unit (IFWU) assembly. Also, the AD would require calculating a moving average of lift cycles per hour TIS at specified intervals on each IFWU assembly. The moving average would be used to determine if an IFWU assembly is used in repetitive external lift (REL) or non-REL helicopter operations. If an IFWU assembly is used in REL operations, this AD would require a repetitive inspection, which requires a visual and dimensional inspection of the IFWU assembly at specified intervals. This AD would also require recording certain information and replacing each part that is beyond the wear limits or that exhibits visual surface distress with an airworthy part. In addition, this AD would require permanently marking the REL IFWU camshafts and gear housings with the letters ``REL'' on the surface of these parts. This proposal is prompted by an accident in which the left and right IFWU assembly on a helicopter slipped or disengaged resulting in both engines overspeeding, engine shutdowns, and loss of engine power to the transmissions. The actions specified by the proposed AD are intended to prevent slipping in the IFWU assembly, loss of engine power to the transmissions, and subsequent loss of control of the helicopter.

We are amending the brucellosis regulations concerning the interstate movement of cattle by changing the classification of Wyoming from Class A to Class Free. We have determined that Wyoming meets the standards for Class Free status. This action relieves certain restrictions on the interstate movement of cattle from Wyoming.

The Pension Benefit Guaranty Corporation's regulations on Benefits Payable in Terminated Single-Employer Plans and Allocation of Assets in Single-Employer Plans prescribe interest assumptions for valuing and paying benefits under terminating single-employer plans. This final rule amends the regulations to adopt interest assumptions for plans with valuation dates in October 2006. Interest assumptions are also published on the PBGC's Web site (https://www.pbgc.gov).

This document contains corrections to a correction to notice of proposed rulemaking by cross-reference to temporary regulations and notice of public hearing that was published in the Federal Register on Wednesday, August 16, 2006 (71 FR 47158) relating to the determination of whether a foreign entity shall be treated as a surrogate foreign corporation under section 7874(a)(2)(B).

The Coast Guard is revising its informational, geographic- application regulation for naval vessel protection zones (NVPZs) to reflect a recent expansion of the jurisdiction for NVPZs. Section 201 of the Coast Guard and Maritime Transportation Act of 2006 amended 14 U.S.C. 91 defines ``navigable waters'' to include the waters 12 nautical-miles wide, adjacent to the coast of the United States and seaward of the territorial sea baseline. As a result of this legislation, Naval Vessel Protection Zone (NVPZ) regulations are now enforceable in navigable waters out to the full extent of the U.S. territorial sea, 12 nautical miles seaward from the baseline. This conforming amendment to our regulation reflects this recently-enacted authority.

The Food and Drug Administration (FDA) is confirming the effective date of July 5, 2006, for the final rule that appeared in the Federal Register of June 2, 2006 (71 FR 31927). The final rule amended the color additive regulations to provide for the safe use of titanium dioxide coated mica-based pearlescent pigments as color additives in the following foods: Cereals, confections and frostings, gelatin desserts, hard and soft candies (including lozenges), nutritional supplement tablets and gelatin capsules, and chewing gum.

On August 17, 2006, the Federal Aviation Administration (FAA) issued FAA Order 8000.89, Designation of Voluntary Disclosure Reporting Program (VDRP) Information as Protected from Public Disclosure under 14 CFR Part 193. There is a regulatory requirement to print the order in its entirety in the Federal Register. The entire order follows after the subtitle, SUPPLEMENTARY INFORMATION.

The Department of the Treasury (``Treasury'' or ``We'') is issuing this final rule to amend the regulations issued under the Government Securities Act of 1986 (``GSA''), as amended. This technical amendment makes no substantive changes, but adds language to state explicitly that we deem over-the-counter (``OTC'') derivatives dealers that are also government securities dealers to be in compliance with the GSA regulations if they comply with the applicable Securities and Exchange Commission (``SEC'') OTC derivatives dealer rules and other SEC rules applicable to them.

This action removes regulations rendered obsolete by expiration of their statutory authority and the ending of their respective programs. There are no impacts on past or current program operations.

On October 20, 2003, NMFS announced its intent to prepare an Environmental Impact Statement (EIS) and hold scoping meetings in accordance with the National Environmental Policy Act (NEPA). On September 7, 2006, the Assistant Administrator for Fisheries decided to withdraw NMFS' intent to prepare an EIS due the increase in the fishing mortality rate since the time of the original notice. The overwhelming public response to the rulemaking - the great majority of whom were in support of maintaining the closure - together with the clear public perception that large trophy sized fish congregate in the Exclusive Economic Zone (EEZ), suggests that fishing effort in an opened EEZ might markedly increase striped bass mortality above the already elevated current rates. Therefore, further processing of an EIS is no longer warranted. The notice of intent to prepare an EIS is withdrawn and the NEPA process is hereby terminated.

The EPA proposes revisions to the regulations governing the major NSR programs mandated by parts C and D of title I of the Clean Air Act (CAA). These proposed changes reflect EPA's consideration of the Agency's 2002 Report to the President and its associated recommendations as well as discussions with various stakeholders including representatives of environmental groups, State and local governments, and industry. We propose to change how emissions from emissions units upstream or downstream from the unit(s) undergoing a physical change or change in the method of operation are included in the calculation of an emissions increase for the project. Also, these proposed changes would clarify and codify our policy of when emissions increases from multiple projects are to be aggregated together to determine NSR applicability. Finally, we are clarifying how emissions decreases from a project may be included in the calculation to determine if a significant emissions increase will result from a project. We intend the proposed rules to improve implementation of the program by articulating and codifying principles for determining major NSR applicability that we currently address through guidance only. We are seeking comment on all aspects of this proposed rule. This proposal seeks public comment in accordance with section 307(d) of the CAA and should not be used or cited in any litigation as a final position of the Agency.

This document finalizes, without change, the interim rule published on August 11, 2003, as CBP Decision 03-02, adopting for Customs and Border Protection (CBP), as a component of the Department of Homeland Security, the disclosure procedures that CBP had historically followed as the Customs Service in the Department of the Treasury regarding commercial information that was provided to the agency by a business submitter.

This final rule transfers responsibility for final agency decisions in connection with Post OfficeTM box termination, caller service termination, and denial of service appeals from the Judicial Officer Department to the vice president and Consumer Advocate.

In this document the Commission has amended its Schedule of Application Fees to adjust the fees for processing applications and other filings. Section 8(b) of the Communications Act requires the Commission to adjust its application fees every two years after October 1, 1991 to reflect the net change in the Consumer Price Index for all Urban Consumers (CPI-U). The increased fees reflect the net change in the CPI-U of 7.7 percent, calculated from October 2003 to October 2005.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to be consistent with the Lobbying Disclosure Act of 1995 and the OMB Interim Final Guidance, and to improve clarity of the regulation through improved use of plain language and compliance with FAR drafting conventions.

We are amending the Mediterranean fruit fly regulations by removing portions of Los Angeles, San Bernardino, and Santa Clara Counties, CA, from the list of quarantined areas and by removing restrictions on the interstate movement of regulated articles from those areas. This action is necessary to relieve restrictions that are no longer needed to prevent the spread of Mediterranean fruit fly into noninfested areas of the United States. We have determined that the Mediterranean fruit fly has been eradicated from these portions of Los Angeles, San Bernardino, and Santa Clara Counties, CA, and that the quarantine and restrictions are no longer necessary. These portions of Los Angeles, San Bernardino, and Santa Clara Counties, CA, were the last remaining areas in California quarantined for Mediterranean fruit fly. Therefore, as a result of this action, there are no longer any areas in the continental United States quarantined for the Mediterranean fruit fly.

Alabama has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant final authorization to Alabama. In the ``Rules and Regulations'' section of this Federal Register, EPA is authorizing the changes by an immediate final rule. EPA did not make a proposal prior to the immediate final rule because we believe this action is not controversial and do not expect comments that oppose it. We have explained the reasons for this authorization in the preamble of the immediate final rule. Unless we get written comments which oppose this authorization during the comment period, the immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we receive comments that oppose this action, we will withdraw the immediate final rule and it will not take effect. We will respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment.

EPA is approving the Sections 111(d) and 129 negative declaration submitted by the Vermont Department of Environmental Conservation (VT DEC) on June 30, 2006. This negative declaration adequately certifies that there are no existing ``other solid waste incineration units'' (OSWIs) located within the boundaries of the State of Vermont. EPA publishes regulations under Sections 111(d) and 129 of the Clean Air Act requiring states to submit control plans to EPA. These state control plans show how states intend to control the emissions of designated pollutants from designated facilities (e.g., OSWIs). The State of Vermont submitted this negative declaration in lieu of a state control plan.

The Bureau of Industry and Security (BIS) published a final rule in the Federal Register on Wednesday, September 6, 2006 (71 FR 52426) that amended a general order published on June 5, 2006 in the Federal Register to add nine additional entities related to Mayrow General Trading. The September 6, 2006, final rule contained an error in the amendatory language for paragraph (a)(1). This document corrects that error by revising that paragraph of the general order.