October 18, 2006 – Federal Register Recent Federal Regulation Documents
Results 1 - 28 of 28
Drawbridge Operation Regulations; Passaic River, Harrison, NJ
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Amtrak Dock Bridge across the Passaic River at mile 5.0, at Harrison, New Jersey. Under this temporary deviation, the bridge may remain in the closed position for six weekends from October 13, 2006 through November 20, 2006. This deviation is necessary to facilitate scheduled bridge maintenance.
Drawbridge Operation Regulations; Mill Neck Creek, Oyster Bay, NY
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 October 28, 2006 through November 20, 2006. This deviation is necessary to facilitate scheduled bridge maintenance.
Radio Broadcasting Services; Auxvasse, MO
The Audio Division dismisses a Petition for Rule Making filed by Charles Crawford, requesting the allotment of Channel 235A at Auxvasse, Missouri, as its first local service. Charles Crawford, or no other party, filed comments supporting the allotment of Channel 235A at Auxvasse, Missouri. It is the Commission's policy to refrain from making a new allotment to a community absent an expression of interest.
Radio Broadcasting Services; Cambridge, MD, Chincoteague, VA; Newark, St. Michaels, and Stockton, MD
In response to a petition for reconsideration of a Report and Order, this Memorandum Opinion and Order denies a request by CWA Broadcasting, Inc. (``Petitioner''), the licensee of Station WINX-FM, St. Michaels, Maryland, to upgrade its present Channel 232A to Channel 232B1, reallot Channel 232B1 to Cambridge, and modify Station WINX-FM's license accordingly. The Memorandum Opinion and Order also denies the Petitioner's alternative request to allot Channel 232B1 to Oxford, Maryland, and to change Petitioner's community of license from St. Michaels to Oxford, Maryland, as untimely and in contravention of Section 1.420(d) of the Commission's Rules.
Radio Broadcasting Services; Crowell, TX
At the petitioner's request, the Audio Division has dismissed the proposal of Jeraldine Anderson (``Anderson'') to allot Channel 250A at Crowell, Texas. Anderson had filed a petition for rule making proposing the allotment of Channel 250A at Crowell, Texas, as the community's second local FM transmission service. The Audio Division further dismissed the counterproposal submitted in the proceeding by Linda Crawford (``Crawford''), upon Crawford's request to withdraw that proposal. Finally, the Audio Division dismissed the counterproposal submitted in the proceeding by LKCM Radio Group, L.P., licensee of FM Station KFWR, Mineral Wells, Texas; Fort Worth Media Group GP, LLC, licensee of FM Station KYBE, Frederick, Oklahoma; and LKCM Radio Licenses, LP, the proposed assignee of KFWR and KYBE (collectively, ``Joint Parties''). The Joint Parties' counterproposal was dismissed for failure to meet the Commission's minimum distance separation requirements with respect to FM Station KRZB, Channel 248C2, Archer City, Texas.
Radio Broadcasting Services; Patagonia, AZ
The Audio Division denies a Petition for Rule Making filed by Calvary Chapel of Tucson, Inc., requesting the reservation of vacant Channel 251A at Patagonia, Arizona for noncommercial educational use.
Radio Broadcasting Service; Alva, OK; Ashland, Greensburg, and Kinsley, KS; and Medford, and Mustang, OK
The Audio Division: grants in part a counterproposal (RM- 11335) filed by Chisholm Trail Broadcasting Company (``Chisholm'') only to the extent of allotting Channel 288C3 at Kinsley, Kansas, and denying in all other respects; dismisses a Petition for Rule Making (11320) filed by OKAN Community Radio to allot Channel 288C3 at Ashland, Kansas for lack of continuing interest; and dismisses per Chisholm's request its pending Petition for Rule Making to allot inter alia Channel 259C1 at Greensburg, Kansas. Channel 288C3 can be allotted at Kinsley, Kansas in compliance with the Commission's minimum distance separation requirements at 37-53-20 North Latitude and 99-24-34 West Longitude with a site restriction of 3.8 kilometers (2.4 miles) south of city reference.
Special Conditions: Boeing Commercial Airplane Group, Boeing Model 777-200 Series Airplane; Overhead Cross Aisle Stowage Compartments
The FAA proposes special conditions for the Boeing Model 777- 200 series airplanes. This airplane, modified by Boeing Commercial Airplane Group, will have novel or unusual design features associated with overhead cross aisle stowage compartments. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for these design features. These proposed special conditions contain the additional safety standards the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Federal Management Regulation; Disposition of Personal Property
The General Services Administration is reopening the comment period for the subject proposed rule. The proposed rule pertains to amending the Federal Management Regulation (FMR) by revising coverage on personal property and moving it into Subchapter B of the FMR. A proposed rule was published in the Federal Register on September 12, 2006 (71 FR 53646).
Imported Fire Ant; Addition of Counties in Arkansas and Tennessee to the List of Quarantined Areas
We are adopting as a final rule, without change, an interim rule that amended 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 that action, the interstate movement of regulated articles from those areas is restricted. The interim rule was necessary to prevent the artificial spread of imported fire ant to noninfested areas of the United States.
Mexican Hass Avocado Import Program; Technical Amendment
In a final rule published in the Federal Register on November 30, 2004, we amended the fruits and vegetables regulations to expand the number of States in which fresh Hass avocado fruit grown in approved orchards in approved municipalities in Michoacan, Mexico, may be distributed and to allow the distribution of the avocados during all months of the year. The final rule contained an error in the rule portion. This document corrects that error.
Airworthiness Directives; Pratt & Whitney JT8D-1, -1A, -1B, -7, -7A, -7B, -9, -9A, -11, -15, -15A, -17, -17A, -17R, -17AR, -209, -217, -217A, -217C, and -219 Turbofan Engines
The FAA is revising an existing airworthiness directive (AD) for Pratt & Whitney (PW) JT8D-1, -1A, -1B, -7, -7A, -7B, -9, -9A, -11, -15, -15A, -17, -17A, -17R, -17AR, -209, -217, -217A, -217C, and -219 turbofan engines. That AD currently requires either replacing high pressure compressor (HPC) front hubs and HPC disks that have operated at any time with PWA 110-21 coating and that operated in certain engine models, or, visually inspecting and fluorescent penetrant inspecting (FMPI) for cracking of those parts and re-plating them if they pass inspection. This AD requires the same actions, but makes necessary corrections to inadvertent reference errors and omissions found in AD 2006-17-07, and relaxes some of the compliance times in Table 5. This AD results from our finding reference errors and omissions in AD 2006- 17-07, from determining that the AD as drafted imposed an unnecessary burden on operators if they have to immediately remove engines, and from requests to clarify compliance paragraphs. We are issuing this AD to prevent a rupture of an HPC front hub or an HPC disk that could result in an uncontained engine failure and damage to the airplane.
Representative Payment Policies and Administrative Procedure for Imposing Penalties for False or Misleading Statements or Withholding of Information
We are amending our regulations on representative payment and on the administrative procedure for imposing penalties for false or misleading statements or withholding of information to reflect and implement certain provisions of the Social Security Protection Act of 2004 (SSPA). The SSPA amends representative payment policies by providing additional safeguards for Social Security, Special Veterans and Supplemental Security Income beneficiaries served by representative payees. These changes include additional disqualifying factors for representative payee applicants, additional requirements for non- governmental fee-for-service payees, authority to redirect delivery of benefit payments when a representative payee fails to provide required accountings, and authority to treat misused benefits as an overpayment to the representative payee. In addition, we are amending our rules to explain financial requirements for representative payees, and we have made minor clarifying plain language changes. The SSPA also allows us to impose a penalty on any person who knowingly withholds information that is material for use in determining any right to, or the amount of, monthly benefits under titles II or XVI. The penalty is nonpayment for a specified number of months of benefits under title II that would otherwise be payable and ineligibility for the same period of time for payments under title XVI (including State supplementary payments).
One-Time Assessment Credit
The FDIC is amending its assessments regulations to implement the one-time assessment credit required by the Federal Deposit Insurance Act (FDI Act), as amended by the Federal Deposit Insurance Reform Act of 2005 (Reform Act). The final rule covers: The aggregate amount of the one-time credit; the institutions that are eligible to receive credits; and how to determine the amount of each eligible institution's credit, which for some institutions may be largely dependent on how the FDIC defines ``successor'' for these purposes. The final rule also establishes the qualifications and procedures governing the application of assessment credits, and provides a reasonable opportunity for an institution to challenge administratively the amount of the credit.
Assessment Dividends
The FDIC is adopting a final rule to implement the dividend requirements of the Federal Deposit Insurance Reform Act of 2005 (Reform Act) and the Federal Deposit Insurance Reform Conforming Amendments Act of 2005 (Amendments Act) for an initial two-year period. The final rule will take effect on January 1, 2007, and sunset on December 31, 2008. During this period the FDIC expects to initiate a second, more comprehensive notice-and-comment rulemaking on dividends beginning with an advanced notice of proposed rulemaking to explore alternative methods for distributing future dividends after this initial two-year period.
Exchanges of Property for an Annuity
This document contains proposed regulations that provide guidance on the taxation of the exchange of property for an annuity contract. These regulations are necessary to outline the proper taxation of these exchanges and will affect participants in transactions involving these exchanges. This document also provides notice of public hearing.
Reexportation of Controlled Substances
The Controlled Substances Export Reform Act of 2005 amended the Controlled Substances Import and Export Act to provide authority for the Drug Enforcement Administration (DEA) to authorize the export of controlled substances from the United States to another country for subsequent export from that country to a second country, if certain conditions and safeguards are satisfied. DEA is hereby proposing to amend its regulations to implement the new legislation.
Revised “Knowledge” Definition, Revision of “Red Flags” Guidance and Safe Harbor
BIS is withdrawing a proposed rule published October 2004. That rule would have revised the definition of ``knowledge'' in the Export Administration Regulations. It also would have updated the ``red flags'' guidance and would have provided a safe harbor from liability arising from knowledge under the definition of that term. In light of the public comments received on the proposed rule and BIS's review of relevant provisions of the existing regulations, this proposed rule is being withdrawn.
Airworthiness Directives; Boeing Model 747-400, 777-200, and 777-300 Series Airplanes
This amendment adopts a new airworthiness directive (AD), applicable to certain Boeing Model 747-400, 777-200, and 777-300 series airplanes. This AD requires, for certain airplanes, replacing the cell stack of the flight deck humidifier with a supplier-tested cell stack, or replacing the cell stack with a blanking plate and subsequently deactivating the flight deck humidifier. For certain other airplanes, this AD requires an inspection of the flight deck humidifier to determine certain part numbers and replacing the cell stack if necessary. This AD also allows blanking plates to be replaced with cell stacks. The actions specified by this AD are intended to prevent an increased pressure drop across the humidifier and consequent reduced airflow to the flight deck, which could result in the inability to clear any smoke that might appear in the flight deck. This action is intended to address the identified unsafe condition.
Flumioxazin; Pesticide Tolerances for Emergency Exemptions
This regulation establishes a time-limited tolerance for residues of flumioxazin, 2-[7-fluoro-3,4-dihydro-3-oxo-4-(2-propynyl)- 2H-1,4-benzoxazin-6-yl]-4,5,6,7-tetrahydro-1H-isoindole-1,3(2 H)-dione in or on alfalfa forage and alfalfa hay. This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on alfalfa. This regulation establishes a maximum permissible level for residues of flumioxazin in this food commodity. The tolerance expires and is revoked on December 31, 2009.
Vessel Documentation: Lease Financing for Vessels Engaged in the Coastwise Trade
The Coast Guard amends its regulations for documenting lease- financed vessels that have a ``coastwise endorsement'' (i.e., vessels used in trade and passenger service within the U.S. or between U.S. ports and those used in dredging and towing in U.S. waters). The vessels affected by this proposal are owned by foreign owned or controlled U.S. companies, where there is a ``demise charter'' to a U.S. citizen (i.e., an agreement for the charterer to assume responsibility for operating, crewing, and maintaining the vessel as if the charterer owned it).
Special Conditions: Dassault Aviation Model Falcon 7X Airplane; Interaction of Systems and Structures, Limit Pilot Forces, and High Intensity Radiated Fields (HIRF) Protection
This action proposes special conditions for the Dassault Aviation Model Falcon 7X 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. These design features include interaction of systems and structures, limit pilot forces, and electrical and electronic flight control systems. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for these design features. 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.
Entry of Softwood Lumber Products From Canada
This document sets forth interim amendments to title 19 of the Code of Federal Regulations (CFR) establishing special entry requirements applicable to shipments of softwood lumber products from Canada. The interim amendments involve the collection of additional entry summary information for purposes of monitoring and enforcing the Softwood Lumber Agreement between the Governments of Canada and the United States, entered into on September 12, 2006.
Alternative Trade Adjustment Assistance Benefits; Amendment of Regulations
On August 6, 2002, President Bush signed into law the Trade Adjustment Assistance Reform Act of 2002 (the Reform Act), which amended the Trade Act of 1974, as amended (Act or Trade Act). The Reform Act reauthorized the Trade Adjustment Assistance (TAA) program through fiscal year 2007 and made significant amendments to the TAA program, including the addition of Alternative Trade Adjustment Assistance for Older Workers (Alternative TAA or ATAA). These amendments generally took effect on November 4, 2002, and required that the Department establish the ATAA program ``[n]ot later than one year after the date of the enactment of the [Reform Act]''. The Department is implementing the TAA amendments, including the introduction of ATAA, through three separate rulemakings. This proposed rule implements the ATAA program, a demonstration project for older workers. On August 25, 2006, the Department published a proposed rule governing the payment of TAA and the provision of related employment services. The Department will publish a third proposed rule governing TAA and ATAA certifications of worker groups adversely affected by trade.
Medicare Program; Medicare Part D Data
This proposed rule would allow the Secretary to use the claims information that is now being collected for Part D payment purposes for other research, analysis, reporting, and public health functions. The Secretary needs to use this data because other publicly available data are not, in and of themselves, sufficient for the studies and operations that the Secretary needs to undertake as part of the Department of Health and Human Service's obligation to oversee the Medicare program, protect the public health, and respond to Congressional mandates.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Processor Vessels Using Pot Gear in the Bering Sea and Aleutian Islands Management Area
NMFS is prohibiting directed fishing for Pacific cod by catcher processor vessels using pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2006 directed fishing allowance (DFA) of Pacific cod specified for catcher processor vessels using pot gear in the BSAI.
Measuring Educational Gain in the National Reporting System for Adult Education
The Secretary proposes to establish procedures for determining the suitability of tests for use in the National Reporting System for Adult Education (NRS). These proposed regulations also include procedures that States and local eligible providers would follow when using suitable tests for NRS reporting.
Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for Piperia Yadonii
We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the endangered Piperia yadonii (Yadon's piperia) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 2,306 acres (ac) (930 hectares (ha)) fall within the boundaries of the proposed critical habitat designation. The proposed critical habitat is located in Monterey County, California.
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