November 8, 2006 – Federal Register Recent Federal Regulation Documents

Potential Revision of Mandatory Ballast Water Management Reporting Requirements
Document Number: E6-18903
Type: Proposed Rule
Date: 2006-11-08
Agency: Coast Guard, Department of Homeland Security
The Coast Guard requests public comments on our current ballast water management reporting and recordkeeping requirements. To provide additional opportunity for public comment, public meetings will be held in the Great Lakes and Gulf of Mexico regions. All stakeholders and interested parties are encouraged to submit comments to the docket and to attend a public meeting in or near their region.
Proposed Establishment of the Lehigh Valley Viticultural Area (2005R-415P)
Document Number: E6-18895
Type: Proposed Rule
Date: 2006-11-08
Agency: Alcohol and Tobacco Tax and Trade Bureau, Department of Treasury, Department of the Treasury
The Alcohol and Tobacco Tax and Trade Bureau proposes to establish the 1,888 square mile Lehigh Valley viticultural area in southeastern Pennsylvania in portions of Lehigh, Northampton, Berks, Schuylkill, Carbon, and Monroe Counties. We designate viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. We invite comments on this proposed addition to our regulations.
Establishment of the Tracy Hills Viticultural Area (2003R-508P)
Document Number: E6-18894
Type: Rule
Date: 2006-11-08
Agency: Alcohol and Tobacco Tax and Trade Bureau, Department of Treasury, Department of the Treasury
This Treasury decision establishes the 39,200-acre Tracy Hills viticultural area in San Joaquin and Stanislaus Counties, California, approximately 55 miles east-southeast of San Francisco. We designate viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase.
Proposed Establishment of the Tulocay Viticultural Area (2006R-009P)
Document Number: E6-18891
Type: Proposed Rule
Date: 2006-11-08
Agency: Alcohol and Tobacco Tax and Trade Bureau, Department of Treasury, Department of the Treasury
The Alcohol and Tobacco Tax and Trade Bureau proposes to establish the 11,200-acre Tulocay viticultural area in Napa County, California. The proposed viticultural area lies totally within the Napa Valley viticultural area and the larger, multi-county North Coast viticultural area. We designate viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. We invite comments on this proposed addition to our regulations.
Official Fees and Tolerances for Barley Protein Testing
Document Number: E6-18860
Type: Rule
Date: 2006-11-08
Agency: Department of Agriculture, Grain Inspection, Packers and Stockyards Administration
The Grain Inspection, Packers and Stockyards Administration (GIPSA) previously extended its official inspection program to include testing of barley protein. Testing is provided using near-infrared spectroscopy analyzers that were previously approved for different grains. GIPSA is establishing in the fee schedule a generic fee for all near-infrared measurements (NIR) and nuclear magnetic resonance (NMR) analyses, which is identical to existing fees. The fee for barley protein testing is included in this fee and is identical to the fees already established for other measurements (wheat protein; soybean oil and protein; and corn oil, protein, and starch). Also, GIPSA is amending regulations under the United States Grain Standards Act (USGSA) to establish performance tolerances for protein analyzers used to predict the percentage of protein in barley.
Approval and Promulgation of Implementation Plans; State of Iowa
Document Number: E6-18845
Type: Rule
Date: 2006-11-08
Agency: Environmental Protection Agency
EPA is approving a State Implementation Plan (SIP) revision submitted by the state of Iowa. This revision will update Code of Federal Regulation (CFR) amendment dates, make a clarification to the state air quality rules for laundry activities listed under construction permit exemptions, and adopt the American Meteorological Society/Environmental Protection Agency Regulatory Model (AERMOD). The SIP revisions are necessary for consistency with Federal regulations.
Approval and Promulgation of Implementation Plans; State of Iowa
Document Number: E6-18843
Type: Proposed Rule
Date: 2006-11-08
Agency: Environmental Protection Agency
EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the state of Iowa. This revision proposes updates to Code of Federal Regulation (CFR) amendment dates, makes a clarification to the state air quality rules for laundry activities listed under construction permit exemptions, and adopts American Meteorological Society/Environmental Protection Agency Regulatory Model (AERMOD). The proposed SIP revisions are necessary for consistency with Federal regulations.
Organization; Standards of Conduct and Referral of Known or Suspected Criminal Violations; Eligibility and Scope of Financing; Loan Policies and Operations; Funding and Fiscal Affairs, Loan Policies and Operations, and Funding Operations; Regulatory Burden
Document Number: E6-18841
Type: Rule
Date: 2006-11-08
Agency: Farm Credit Administration, Agencies and Commissions
This final rule is intended to reduce regulatory burden on the Farm Credit System (FCS or System) by repealing or revising five regulations. The final rule also corrects eight outdated and erroneous cross-references in five regulation sections. These revisions provide System banks and associations with greater flexibility concerning stock ownership of service corporations, employee reporting under standards of conduct rules, domestic lending to cooperatives, and real property evaluations for certain business loans.
Airworthiness Directives; Turbomeca S.A. Arrius 2F Turboshaft Engines
Document Number: E6-18839
Type: Proposed Rule
Date: 2006-11-08
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to revise an existing airworthiness directive (AD) for Turbomeca S.A. Arrius 2F turboshaft engines. That AD currently requires replacing certain O-rings on the check valve piston in the lubrication unit, at repetitive intervals. This proposed AD would require the same actions except reduce the applicability from all Turbomeca S.A. Arrius 2F turboshaft engines, to Turbomeca S.A. Arrius 2F turboshaft engines that have not incorporated modification Tf75. This proposed AD results from Turbomeca S.A. introducing a check valve piston design requiring no O-ring. We are proposing this AD to prevent an uncommanded in-flight shutdown of the engine, which could result in a forced autorotation landing and damage to the helicopter.
Amendments to Regulations Under the Perishable Agricultural Commodities Act (PACA) To Ensure Trust Protection for Produce Sellers When Using Electronic Invoicing or Other Billing Statements
Document Number: E6-18826
Type: Proposed Rule
Date: 2006-11-08
Agency: Agricultural Marketing Service, Department of Agriculture
The Department of Agriculture (USDA) is proposing to amend the regulations under the Perishable Agricultural Commodities Act (PACA) to ensure that the status of sellers of perishable agricultural commodities as trust creditors is protected when electronic data interchange (EDI) or other forms of electronic commerce are used to invoice buyers. Specifically, the proposed amendments would require a buyer licensed under the PACA or his third party representative to accept the PACA trust notice submitted to it by a seller on a paper, electronic invoice, or other billing statement. In addition, the buyer must allow sufficient data space for the required trust language regardless of the billing medium. Finally, any failure, act or omission inconsistent with this responsibility is unlawful and a violation of the PACA. Comments are being sought from the public, but in particular, from buyers and sellers of fruit and vegetables and vendors/software developers of electronic billing systems.
Amendments to the Tender Offer Best-Price Rules
Document Number: E6-18815
Type: Rule
Date: 2006-11-08
Agency: Securities and Exchange Commission, Agencies and Commissions
We are adopting amendments to the language of the third-party and issuer tender offer best-price rules to clarify that the provisions apply only with respect to the consideration offered and paid for securities tendered in a tender offer. We also are amending the third- party and issuer tender offer best-price rules to provide that any consideration that is offered and paid according to employment compensation, severance or other employee benefit arrangements entered into with security holders of the subject company that meet certain requirements will not be prohibited by the rules. Finally, we are amending the third-party and issuer tender offer best-price rules to provide a safe harbor provision so that arrangements that are approved by certain independent directors of either the subject company's or the bidder's board of directors, as applicable, will not be prohibited by the rules. These amendments are intended to make it clear that the best-price rule was not intended to capture employment compensation, severance or other employee benefit arrangements. We are also making a technical amendment to correct a cross-reference in the rules that govern the ability to delegate authority for purposes of granting exemptions under the best-price rule.
Drawbridge Operation Regulations; S.E. Third Avenue, Andrews Avenue, Marshall/Seventh Avenue and Davie Boulevard/S.W. Twelfth Street bridges, New River and New River South Fork, Miles 1.4, 2.3, 2.7, and 0.9 at Fort Lauderdale, FL
Document Number: E6-18801
Type: Rule
Date: 2006-11-08
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is changing the operating regulation governing the operation of the SE. Third Avenue, Andrews Avenue and Marshal (Seventh Avenue) bridges across the New River, miles 1.4, 2.3, and 2.7 and the regulations governing the operation of the Davie Boulevard (SW. Twelfth Street) bridge across the New River, South Fork, mile 0.9, Fort Lauderdale, Broward County, Florida.
Drawbridge Operation Regulations; Gulf Intracoastal Waterway, Anna Maria, FL
Document Number: E6-18799
Type: Proposed Rule
Date: 2006-11-08
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is proposing a supplemental change to its notice of proposed rulemaking for modifying the Cortez and Anna Maria drawbridge operating regulations. This supplemental notice of proposed rulemaking is necessary to address written concerns from the public regarding the original notice of proposed rulemaking and oral comments received during a public meeting. Additionally, city officials from Anna Maria, Brandenton Beach and Longboat Key contributed their input to this rulemaking in an effort to relieve vehicular congestion on the above bridges.
Approval and Promulgation of Implementation Plans; Ohio Particulate Matter
Document Number: E6-18788
Type: Rule
Date: 2006-11-08
Agency: Environmental Protection Agency
EPA is taking final action on a variety of revisions to particulate matter regulations submitted by Ohio on July 18, 2000. EPA is approving revisions to the form of opacity limits for utility and steel mill storage piles and roadways. EPA is approving a modest realignment of emission limits in the Cleveland area within the constraints of a revised modeled attainment demonstration. EPA is approving formalization of existing requirements for continuous emission monitoring for certain types of facilities, criteria for the state to issue equivalent visible emission limits, and revised limits for stationary internal combustion engines. However, EPA is disapproving authority for revising emission limits for Ford Motor's Cleveland Casting Plant via Title V permit modifications. Also, EPA is deferring action on equivalent visible emission limit rules to solicit comment on certain ramifications of its proposed approval.
Procedures for the Acquisition of Petroleum for the Strategic Petroleum Reserve
Document Number: E6-18786
Type: Rule
Date: 2006-11-08
Agency: Department of Energy
The Energy Policy Act of 2005 (EPAct 2005) directs the Secretary of Energy (Secretary) to develop procedures for the acquisition of petroleum for the Strategic Petroleum Reserve (SPR) in appropriate circumstances. On April 24, 2006, the Department of Energy (DOE) published proposed procedures in the Federal Register for public comment. Today DOE is issuing the final rule governing procedures for the acquisition of petroleum for the SPR, including acquisition by direct purchase and transfer of royalty oil from the Department of the Interior (DOI). The final rule also has provisions concerning the deferral of scheduled deliveries of petroleum for the SPR. With the exception of some minor clarification changes and definitional and editorial adjustments, these final procedures are substantially the same as those proposed.
Petition of Mid-Rivers Telephone Cooperative, Inc.
Document Number: E6-18770
Type: Rule
Date: 2006-11-08
Agency: Federal Communications Commission, Agencies and Commissions
In this document the Commission concludes that Mid-Rivers Telephone Cooperative, Inc. (Mid-Rivers) should be treated as an incumbent local exchange carrier (LEC) in the Terry, Montana local exchange (Terry exchange). The Commission also concludes that Mid- Rivers' operations in the Terry exchange should remain subject to existing competitive LEC regulation for interstate purposes pending further Commission action. In addition, the Commission concludes that Qwest, the legacy incumbent LEC in the Terry exchange, should be subject to non-dominant regulation for its interstate telecommunications services in that exchange pending further action.
Maritime Communications
Document Number: E6-18755
Type: Proposed Rule
Date: 2006-11-08
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communications Commission (Commission or FCC) furthers its ongoing efforts to ensure that its rules governing the Maritime Radio Services continue to promote maritime safety, maximize effective and efficient use of the spectrum available for maritime communications, accommodate technological innovation, avoid unnecessary regulatory burdens, and maintain consistency with international maritime standards to the extent consistent with the United States public interest. The Commission also seeks in this proceeding to ensure that it regulates the Maritime Radio Services in a manner that advances our Nation's homeland security.
Airworthiness Directives; Pilatus Aircraft Ltd. Model PC-7 Airplanes
Document Number: E6-18734
Type: Rule
Date: 2006-11-08
Agency: Federal Aviation Administration, Department of Transportation
The FAA adopts a new airworthiness directive (AD) for certain Pilatus Aircraft Ltd. (Pilatus) Model PC-7 airplanes. This AD requires you to do repetitive eddy-current, non-destructive inspections of the nose skin and adjacent structure above the left and right main landing gear bay and repetitive visual inspections of the forward support structure of the floor panel for crack damage. If you find any crack damage, this AD requires you to contact Pilatus to obtain a repair solution and incorporate the repair. This AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Switzerland. We are issuing this AD to detect and correct cracks in the nose skin and adjacent structure above the left and right main landing gear bay and in the forward support structure of the floor panel. Crack propagation in certain areas could lead to failure of the main wing torsion box, which could result in loss of control.
Airworthiness Directives; Diamond Aircraft Industries GmbH Model DA 40 Airplanes
Document Number: E6-18732
Type: Rule
Date: 2006-11-08
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as during production installation of the Garmin G1000 supplemental type certificate (STC) some parts of the installed fuel system indicating system were contaminated with particles from the manufacturing process. This AD requires actions that are intended to address the unsafe condition described in the MCAI.
Airworthiness Directives; Raytheon Aircraft Company Models C90A, B200, B200C, B300, and B300C Airplanes
Document Number: E6-18727
Type: Rule
Date: 2006-11-08
Agency: Federal Aviation Administration, Department of Transportation
The FAA adopts a new airworthiness directive (AD) for certain Raytheon Aircraft Company (RAC) (formerly Beech) Models C90A, B200, B200C, B300, and B300C airplanes. This AD requires you to inspect the flight controls for improper assembly or damage, and if any improperly assembled or damaged flight controls are found, take corrective action. This AD results from a report of inspections of several affected airplanes with improperly assembled or damaged flight controls. We are issuing this AD to detect and correct improperly assembled or damaged flight controls, which could result in an unsafe condition by reducing capabilities of the flight controls and lead to loss of control of the airplane.
National Source Tracking of Sealed Sources
Document Number: E6-18713
Type: Rule
Date: 2006-11-08
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) is amending its regulations to implement a National Source Tracking System for certain sealed sources. The amendments require licensees to report certain transactions involving these sealed sources to the National Source Tracking System. These transactions include manufacture, transfer, receipt, disassembly, or disposal of nationally tracked sources. The amendments also require each licensee to provide its initial inventory of nationally tracked sources to the National Source Tracking System and annually reconcile the information in the system with the licensee's actual inventory. In addition, the amendments require manufacturers to assign a unique serial number to each nationally tracked source.
Radio Broadcasting Services; Groveland, CA
Document Number: E6-18694
Type: Proposed Rule
Date: 2006-11-08
Agency: Federal Communications Commission, Agencies and Commissions
We dismiss the petition for rule making filed by 105 Mountain Air, Inc., proposing the allotment of Channel 264A at Groveland, California, for failure to file a continuing expression of interest. It is the Commission's policy to refrain from making an allotment to a community absent an expression of interest.
Radio Broadcasting Services; Carrizo Springs, TX
Document Number: E6-18693
Type: Rule
Date: 2006-11-08
Agency: Federal Communications Commission, Agencies and Commissions
This document grants a petition for rulemaking filed by Jeraldine Anderson d/b/a Carrizo Springs Broadcasting requesting the allotment of Channel 295A at Carrizo Springs, Texas. The coordinates for Channel 295A at Carrizo Springs, Texas, are 28-27-00 NL and 99-50- 30 WL. There is a site restriction 8.1 kilometers (5.1 miles) south of the community. A counterproposal filed by Linda Crawford is dismissed as defective.
Almonds Grown in California; Changes to Incoming Quality Control Requirements
Document Number: 06-9133
Type: Rule
Date: 2006-11-08
Agency: Agricultural Marketing Service, Department of Agriculture
This rule changes the incoming quality control requirements under the administrative rules and regulations of the California almond marketing order (order). The order regulates the handling of almonds grown in California and is administered locally by the Almond Board of California (Board). These changes will help minimize the risk of aflatoxin in almonds by removing inedible kernels from human consumption. Inedible almonds are poor quality kernels or pieces of defective kernels that may be contaminated with aflatoxin. This action is intended to improve the overall quality of almonds placed into consumer channels.
Negotiated Rulemaking Advisory Committee for Dog Management at Golden Gate National Recreation Area
Document Number: 06-9109
Type: Proposed Rule
Date: 2006-11-08
Agency: Department of the Interior, National Park Service
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Monardella linoides ssp. viminea (Willowy Monardella)
Document Number: 06-9095
Type: Rule
Date: 2006-11-08
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for Monardella linoides ssp. viminea (willowy monardella) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 73 acres (ac) (30 hectares (ha)) fall within the boundaries of the critical habitat, all in San Diego County, California.
National Primary Drinking Water Regulations: Ground Water Rule
Document Number: 06-8763
Type: Rule
Date: 2006-11-08
Agency: Environmental Protection Agency
The Environmental Protection Agency is promulgating a National Primary Drinking Water Regulation, the Ground Water Rule, to provide for increased protection against microbial pathogens in public water systems that use ground water sources. This final rule is in accordance with the Safe Drinking Water Act as amended, which requires the Environmental Protection Agency to promulgate National Primary Drinking Water Regulations requiring disinfection as a treatment technique for all public water systems, including surface water systems and, as necessary, ground water systems. The Ground Water Rule establishes a risk-targeted approach to target ground water systems that are susceptible to fecal contamination, instead of requiring disinfection for all ground water systems. The occurrence of fecal indicators in a drinking water supply is an indication of the potential presence of microbial pathogens that may pose a threat to public health. This rule requires ground water systems that are at risk of fecal contamination to take corrective action to reduce cases of illnesses and deaths due to exposure to microbial pathogens.
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