November 15, 2006 – Federal Register Recent Federal Regulation Documents

Endangered and Threatened Wildlife; Sea Turtle Conservation; Correction
Document Number: E6-19304
Type: Rule
Date: 2006-11-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
On August 25, 2006, NMFS issued a final rule to require the use of chain mats on sea scallop dredges in the mid-Atlantic sea scallop fishery in order to help protect sea turtles. The regulation became effective on September 25, 2006. Shortly after the rule's effective date, NMFS became aware of a discrepancy between the two options in the regulation for configuring the chain mat. This emergency final rule corrects the existing regulation to ensure that the protection to sea turtles expected from the August 25, 2006 rule is achieved. This emergency final rule requires that any vessel with a sea scallop dredge and required to have a Federal Atlantic sea scallop fishery permit, regardless of dredge size or vessel permit category, present in waters south of 41[deg] 9.0' N. lat., from the shoreline to the outer boundary of the Exclusive Economic Zone must have on each dredge a chain mat composed of horizontal (tickler) and vertical (``up- and-down'') chains for the duration of the trip. The chains must be configured such that the length of each side of the square or rectangle formed by the intersecting chains is less than or equal to 14 inches (35.5 cm). Any incidental take of threatened sea turtles in sea scallop dredge gear in compliance with this gear modification requirement and all other applicable requirements will be exempted from the Endangered Species Act's prohibition against takes.
Sale or Rental of Sexually Explicit Material on DoD Property (DoD Instruction 4105.70)
Document Number: E6-19268
Type: Rule
Date: 2006-11-15
Agency: Office of the Secretary, Department of Defense
This rule prohibits the sale or rental of sexually explicit material on property under DoD jurisdiction. It establishes responsibilities for monitoring compliance, establishes a review board to determine whether a material offered for sale or rental is sexually explicit as consistent with the definition in 10 U.S.C. 2489a, and delineates review board procedures. This updated rule includes administrative changes and one new policy allowing materials which have been determined by the Board to be sexually explicit to be submitted for reconsideration every 5 years.
Benefits Payable in Terminated Single-Employer Plans; Allocation of Assets in Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits
Document Number: E6-19257
Type: Rule
Date: 2006-11-15
Agency: Pension Benefit Guaranty Corporation, Agencies and Commissions
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 December 2006. Interest assumptions are also published on the PBGC's Web site (https://www.pbgc.gov).
Small Business Size Regulations; Size for Purposes of Government-Wide Acquisition Contracts, Multiple Award Schedule Contracts and Other Long-Term Contracts; 8(a) Business Development/Small Disadvantaged Business; Business Status Determinations
Document Number: E6-19253
Type: Rule
Date: 2006-11-15
Agency: Small Business Administration, Agencies and Commissions
The U.S. Small Business Administration (SBA or Agency) is amending its regulations to address the time at which size is determined for the purposes of long-term federal contracts including Government-Wide Acquisition Contracts (GWACs), the General Services Administration (GSA) Multiple Award Schedule (MAS) contracts and multi- agency contracts (MACs). SBA is also amending its 8(a) Business Development regulations to address when a business concern may receive orders as an 8(a) program participant under GSA's MAS Program and other multiple award contracts. This final action is necessary to ensure that small business size status is accurately represented and reported over the life of these long-term Federal contracts.
Radio Broadcasting Services; Aberdeen, WA; Arlington and Astoria, OR; Bellingham and College Place, WA; Coos Bay, OR; Covington, Forks, and Fossil, WA; Gladstone, OR; Hermiston, OR; Hoquiam, WA; Ilwaco, Kent, and Long Beach, WA; Manzanita, Moro and Portland, OR; Shoreline, WA; Springfield-Eugene, OR; The Dalles and Tillamook, OR; Trout Lake and Walla Walla, WA
Document Number: E6-19252
Type: Rule
Date: 2006-11-15
Agency: Federal Communications Commission, Agencies and Commissions
This document denies an Application for Review filed by Triple Bogey, LLC,MCC Radio, LLC and KDUX Acquisition directed to the Report and Order in this proceeding. With this action, the proceeding is terminated.
Definition of Indian Tribe for Payment Eligibility and Payment Limitation
Document Number: E6-19245
Type: Rule
Date: 2006-11-15
Agency: Department of Agriculture, Commodity Credit Corporation
This rule amends the regulations of the Commodity Credit Corporation (CCC) governing payment limitation and payment eligibility and the limitation on the maximum allowable adjusted gross income (AGI) for program participants. Currently, 7 CFR part 1400, subpart G, exempts Indian tribes from all requirements of the AGI limitation for payment eligibility without providing a definition of Indian tribe. This rule defines ``Indian tribe'' consistent with the definition used by the United States Department of the Interior, Bureau of Indian Affairs (BIA), and other rules utilized by CCC, FSA and the Natural Resources Conservation Service (NRCS) in their programs.
Construction and Maintenance
Document Number: E6-19240
Type: Rule
Date: 2006-11-15
Agency: Federal Highway Administration, Department of Transportation
The FHWA is revising its regulations in 23 CFR part 635 subpart D to address Section 5514 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). This law requires the FHWA to ensure that States provide for competition with respect to the specification of alternative types of culvert pipes. These revisions will ensure that States provide for competition in the specification of alternative types of culvert pipes.
Los Carneros Viticultural Area; Technical Amendment (2006R-224P)
Document Number: E6-19231
Type: Rule
Date: 2006-11-15
Agency: Alcohol and Tobacco Tax and Trade Bureau, Department of Treasury, Department of the Treasury
In this Treasury decision, the Alcohol and Tobacco Tax and Trade Bureau makes a technical amendment to its regulations to clarify the viticultural significance of the terms ``Los Carneros'' and ``Carneros'' in relation to the existing Los Carneros viticultural area.
Airworthiness Directives; Airbus Model A330 Airplanes
Document Number: E6-19228
Type: Proposed Rule
Date: 2006-11-15
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Airbus Model 330-300 series airplanes. The existing AD currently requires reinforcement of the structure of the center fuselage by installing external stiffeners (butt straps) at frame (FR) 53.3 on the fuselage skin between left-hand (LH) and right-hand (RH) stringer (STR) 13, and related investigative and corrective actions. This proposed AD would require additional reinforcement of the structure of the center fuselage by installing external stiffeners (butt straps) at frame FR53.3 on the fuselage skin between LH and RH STR13, and related investigative and other specified actions. This proposed AD also adds airplanes to the applicability. This proposed AD results from cracking found at the circumferential joint of FR53.3. We are proposing this AD to prevent fatigue cracking of the fuselage, which could result in reduced structural integrity of the fuselage.
Airworthiness Directives; Boeing Model 737 Airplanes
Document Number: E6-19227
Type: Proposed Rule
Date: 2006-11-15
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to supersede an existing airworthiness directive (AD) that applies to all Boeing Model 737 airplanes. The existing AD currently requires installation of a new rudder control system and changes to the adjacent systems to accommodate that new rudder control system. For certain airplanes, this proposed AD would add, among other actions, repetitive tests of the force fight monitor of the main rudder power control unit (PCU), repetitive tests of the standby hydraulic actuation system, and corrective action; as applicable. For those airplanes, this proposed AD also would add, among other actions, replacement of both input control rods of the main rudder PCU and the input control rod of the standby rudder PCU with new input control rods, as applicable, which would end the repetitive tests. For certain other airplanes, this proposed AD would add installation of an enhanced rudder control system in accordance with new service information. This proposed AD results from a report of a fractured rod end on an input control rod of the main rudder PCU. We are proposing this AD to prevent failure of one of the two input control rods of main rudder PCU, which, under certain conditions, could result in reduced controllability of the airplane; and to prevent failure of any combination of two input control rods of the main rudder PCU and/or standby rudder PCU, which could result in loss of control of the airplane. We are also proposing this AD to prevent an uncommanded rudder hardover event and consequent loss of control of the airplane due to inherent failure modes, including single-jam modes, and certain latent failures or jams combined with a second failure or jam.
Filtered Flight Data
Document Number: E6-19205
Type: Proposed Rule
Date: 2006-11-15
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to amend the digital flight data recorder (DFDR) regulations by prohibiting the filtering of some original parameter sensor signals. This proposed rule is based on recommendations issued by the National Transportation Safety Board, and is intended to improve the accuracy and quality of the data recorded on DFDRs and used during accident and incident investigations.
Guidance for Governmentwide Debarment and Suspension (Nonprocurement)
Document Number: E6-19199
Type: Rule
Date: 2006-11-15
Agency: Management and Budget Office, Executive Office of the President
OMB is revising its Governmentwide guidance on nonprocurement debarment and suspension and issuing it in final form. The guidance, as implemented by Federal agency regulations, will replace the current common rule as the source of uniform agency policies and procedures related to nonprocurement debarment and suspension. Replacing the common rule with the guidance will reduce the volume of Federal regulations in this area and make them simpler to use.
Federal Motor Vehicle Safety Standards; Brake Hoses
Document Number: E6-19198
Type: Proposed Rule
Date: 2006-11-15
Agency: National Highway Traffic Safety Administration, Department of Transportation
NHTSA published a final rule in December 2004 that amended the Federal motor vehicle safety standard on brake hoses. In early 2005, the agency received several petitions for reconsideration of the rule and a petition to delay the effective date of the final rule. At present, the rule is to take effect on December 20, 2006. To allow for more time to respond to petitions for reconsideration, and to give industry more time to meet new requirements, this document proposes to delay the effective date of the final rule for one year, to December 20, 2007.
Amateur Service Rules
Document Number: E6-19189
Type: Rule
Date: 2006-11-15
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission amends its Amateur Radio Service rules to revise the frequency segments of the 80 meter and 40 meter amateur service High Frequency (HF) bands on which amateur stations are authorized to transmit voice communications; authorize amateur stations to transmit certain emission types on additional amateur service bands or frequency segments; revise the procedures for the amateur service vanity call sign system; eliminate unnecessary restrictions imposed on manufacturers of certain types of equipment that may be used at amateur stations; and make other conforming amendments to the amateur service rules.
Standard Instrument Approach Procedures; Miscellaneous Amendments
Document Number: E6-19115
Type: Rule
Date: 2006-11-15
Agency: Federal Aviation Administration, Department of Transportation
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.
Standard Instrument Approach Procedures, Weather Takeoff Minimums; Miscellaneous Amendments
Document Number: E6-19112
Type: Rule
Date: 2006-11-15
Agency: Federal Aviation Administration, Department of Transportation
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.
Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service; Seventh Further Notice of Proposed Rulemaking
Document Number: E6-18897
Type: Proposed Rule
Date: 2006-11-15
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission proposes a new DTV Table of Allotments (``DTV Table''), providing all eligible stations with channels for DTV operations after the DTV transition. The proposed DTV Table is based upon the tentative channel designations (``TCDs'') announced for eligible broadcast licensees and permittees (collectively, ``licensees'') through the channel election process, along with our efforts to promote overall spectrum efficiency and ensure that broadcasters provide the best possible service to the public, including service to local communities. Once effective, the proposed DTV Table will guide stations in determining their build-out obligations. The proposed DTV Table will ultimately replace the existing DTV Table at the end of the DTV transition, when analog transmissions by full-power television broadcast licensees must cease.
Prescription Drug Marketing Act Pedigree Requirements under 21 CFR Part 203 Compliance Policy Guide and Guidance for Industry: Prescription Drug Marketing Act Pedigree Requirements Questions and Answers; Notice of Availability
Document Number: 06-9211
Type: Rule
Date: 2006-11-15
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is announcing the availability of a final Compliance Policy Guide (CPG) 160.900 entitled ``Prescription Drug Marketing ActPedigree Requirements under 21 CFR Part 203'' (PDMA CPG). This CPG describes how the agency intends to prioritize its enforcement efforts in the first year after the December 1, 2006, effective date of 21 CFR Sec. Sec. 203.3(u) and 203.50. In addition, the FDA is announcing the availability of ``Guidance for Industry: Prescription Drug Marketing Act (PDMA) Pedigree Requirements Questions and Answers'' (PDMA Q & A). The PDMA Q & A guidance is issued in response to the many questions received regarding the Prescription Drug Marketing Act (PDMA) pedigree requirements. The two guidance documents explain FDA's current thinking on issues related to the pedigree requirements of the PDMA.
Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan
Document Number: 06-9206
Type: Proposed Rule
Date: 2006-11-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes to revise the regulations implementing the Atlantic Large Whale Take Reduction Plan (ALWTRP) by expanding the southeast U.S. restricted area and modifying regulations pertaining to gillnetting within the southeast U.S. restricted area. NMFS proposes to prohibit gillnet fishing or gillnet possession during annual restricted periods associated with the right whale calving season. Exemptions to the fishing prohibitions are proposed for strikenet fishing for sharks and gillnet fishing for Spanish mackerel south of 29[deg]00' N. lat. An exemption to the possession prohibition is proposed for transiting through the area if gear is stowed in accordance with this rule. This action is required to meet the goals of the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA). This action is necessary to protect northern right whales from serious injury or mortality from entanglement in gillnet gear in their calving area in Atlantic ocean waters off the Southeast U.S.
Right Whale Protection; Southeast U.S. Gillnet Closure
Document Number: 06-9205
Type: Rule
Date: 2006-11-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting gillnet fishing or gillnet possession in Atlantic Ocean waters west of 80[deg]00' W. long. between 29[deg]00' N. lat. (just south of New Smyrna Beach, Fla.) and 32[deg]00' N. lat. (the approximate state boundary between Georgia and South Carolina) and within 35 nautical miles of the South Carolina coast. An exemption to the prohibition on the possession of gillnet gear is provided for transiting through this area if gear is stowed in accordance with this rule. NMFS is taking this action to prevent a significant risk to the well being of endangered right whales from entanglement in gillnet gear in the core right whale calving area during the calving season.
Revocation of Class D Airspace; Elko, NV
Document Number: 06-9177
Type: Rule
Date: 2006-11-15
Agency: Federal Aviation Administration, Department of Transportation
This action corrects the Document Management System docket number contained in the Direct Final Rule that was published in the Federal Register on Tuesday, July 18, 2006 (71 FR 40651). Airspace Docket No. 06-AWP-11.
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