November 20, 2006 – Federal Register Recent Federal Regulation Documents

Solicitation of Federal Civilian and Uniformed Service Personnel for Contributions to Private Voluntary Organizations-Eligibility and Public Accountability Standards
Document Number: E6-19628
Type: Rule
Date: 2006-11-20
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
The Office of Personnel Management (OPM) is issuing final regulations concerning the Combined Federal Campaign (CFC). These final regulations are being issued as part of OPM's effort to modernize the CFC and to realize administrative efficiencies. They were designed to address the current and future environment of the CFC where the electronic transmission of information will be more routine. As such, these regulations update the criteria for CFC eligibility, streamline the charity application process, ease the administrative burden on the local campaigns, promote the use of electronic technology in the administration of the CFC, and expand opportunities during disasters and emergencies for Federal donors to contribute to all charities participating in the CFC regardless of location.
Phase-In of Full Concurrent Receipt of Military Retired Pay and Veterans Disability Compensation for Certain Military Retirees
Document Number: E6-19603
Type: Rule
Date: 2006-11-20
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) is amending its regulations concerning concurrent receipt of military retired pay and veterans' disability compensation. This final rule implements section 641 of the National Defense Authorization Act for Fiscal Year 2004 (Pub. L. 108-136). This law permits certain veterans who are entitled to military retired pay and are receiving disability compensation for a service-connected disability (or a combination of service-connected disabilities) rated at 50 percent or higher to receive disability compensation as well as their military retired pay. The intended effect of the regulation is to clearly state who is eligible for concurrent receipt of disability compensation and military retired pay, who must waive military retired pay to receive disability compensation, and how to file such a waiver.
Designation of Biobased Items for Federal Procurement
Document Number: E6-19587
Type: Rule
Date: 2006-11-20
Agency: Department of Agriculture, Office of Energy Policy and New Uses, Energy Policy and New Uses Office, Agriculture Department
The U.S. Department of Agriculture (USDA) is amending 7 CFR part 2902, Guidelines for Designating Biobased Products for Federal Procurement, to establish the effective date by which procuring agencies must give a procurement preference for qualifying biobased water tank coatings and bedding, bed linens, and towels. These two items were designated for procurement preference in a final rule published by USDA on March 16, 2006 (71 FR 13686). At that time, however, the effective date by which procuring agencies were required to give these two designated items procurement preference was deferred until such time that additional manufacturers of products within these designated items were identified. This final rule announces that additional manufacturers have been identified for each item and establishes the effective date by which procuring agencies must give these two designated items procurement preference.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Cirsium hydrophilum var. hydrophilum (Suisun thistle) and Cordylanthus mollis ssp. mollis (soft bird's-beak)
Document Number: E6-19572
Type: Proposed Rule
Date: 2006-11-20
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on the proposed designation of critical habitat for two tidal marsh plants: Cirsium hydrophilum var. hydrophilum (Suisun thistle) and Cordylanthus mollis ssp. mollis (soft bird's-beak). We also announce the availability of the draft economic analysis for the proposed critical habitat designation and an amended Required Determinations section of the proposal. The draft economic analysis identifies potential costs will be $1.6 million in undiscounted dollars over a 20-year period as a result of the proposed designation of critical habitat, including those costs coextensive with listing and recovery. Discounted future costs are estimated to be $1.4 million over 20 years ($95,002 annually) at a 3 percent discount rate, or $1.2 million over 20 years ($116,722 annually) at a 7 percent discount rate. The amended Required Determinations section provides our determination concerning compliance with applicable statutes and Executive Orders that we have deferred until the information from the draft economic analysis of this proposal was available. We are reopening the comment period to allow all interested parties to comment simultaneously on the proposed rule, the associated draft economic analysis, and the amended Required Determinations section.
Sally Shaw; Receipt of Petition for Rulemaking
Document Number: E6-19568
Type: Proposed Rule
Date: 2006-11-20
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) is publishing for public comment a notice of receipt of a petition for rulemaking, dated June 23, 2006, which was filed with the Commission by Sally Shaw. The petition was docketed by the NRC on November 1, 2006, and has been assigned Docket No. PRM-51-11. The petitioner requests that the NRC prepare a rulemaking that will require that the NRC reconcile its generic environmental impact statement for nuclear power plant operating license renewal applications with the National Academy of Sciences Health Risks From Exposure to Low Levels of Ionizing Radiation: Biological Effects of Ionizing Radiation (BEIR) VII Phase 2 Report.
International Services Surveys: BE-125, Quarterly Survey of Transactions in Selected Services and Intangible Assets With Foreign Persons
Document Number: E6-19565
Type: Proposed Rule
Date: 2006-11-20
Agency: Department of Commerce, Bureau of Economic Analysis, Economic Analysis Bureau
This proposed rule amends regulations of the Bureau of Economic Analysis, Department of Commerce (BEA) to set forth the reporting requirements for the BE-125, Quarterly Survey of Transactions in Selected Services and Intangible Assets with Foreign Persons. This rule would replace the rule for a similar but more limited survey, the BE-25, Quarterly Survey of Transactions with Unaffiliated Foreign Persons in Selected Services and in Intangible Assets. A new agency form number and survey title are being introduced because the survey program is being reconfigured to begin collection of data on transactions with affiliated foreigners using the same survey instruments as are used to collect information on transactions with unaffiliated foreigners and because services once collected on an annual basis would now be collected quarterly. This change will allow respondents to report transactions in services and intangible assets with foreign persons on one quarterly survey, rather than on as many as three different quarterly surveys and one annual survey. If adopted the BE-125 survey would be conducted quarterly beginning with the first quarter of 2007. The proposed BE-125 survey data are used to update universe estimates from similar data reported on the BE-120, Benchmark Survey of Transactions in Selected Services and Intangible Assets with Foreign Persons and on the benchmark and quarterly direct investment surveys that were administered to collect data on transactions with affiliated foreign persons.
Safety Zone; Cocheco River Dredging Project, Cocheco River, NH
Document Number: E6-19561
Type: Rule
Date: 2006-11-20
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone around a blasting project between the Upper and Lower Narrows of the Cocheco River near Dover, NH. This safety zone is necessary to provide for the safety of persons and vessels in the maritime community from the hazards associated with a blasting project. Entry into this zone by any vessel is prohibited unless specifically authorized by the Captain of the Port, Northern New England.
Cotton Board Rules and Regulations: Adjusting Supplemental Assessment on Imports, (2004 Amendments); Withdrawal of a Proposed Rule
Document Number: E6-19559
Type: Proposed Rule
Date: 2006-11-20
Agency: Agricultural Marketing Service, Department of Agriculture
This action withdraws a proposed rule published in the Federal Register on January 12, 2005, (70 FR 2034), to amend the Cotton Board Rules and Regulations by adjusting the total rate of assessment per kilogram for imported cotton for use by the Cotton Research and Promotion Program. Based on a stakeholder comment, the Agricultural Marketing Service believes that the proposed rule may not achieve its intended objectives of effectiveness and efficiency.
Safety Zone; Kealakekua Bay, HI
Document Number: E6-19557
Type: Rule
Date: 2006-11-20
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone in Kealakekua Bay on the Island of Hawaii. This zone is established at the request of the Hawaii County Civil Defense due to mudslides and falling rocks. These falling rocks present a hazard to users of Kealakekua Bay. Entry of persons or vessels into this temporary safety zone is prohibited unless authorized by the Captain of the Port (COTP).
Notice of Resolution of Notice of Deficiency for Clean Air Operating Permits Program; Maricopa County, AZ
Document Number: E6-19555
Type: Rule
Date: 2006-11-20
Agency: Environmental Protection Agency
EPA issued a notice of deficiency on May 17, 2005, in which EPA identified problems with Maricopa County's Clean Air Act title V operating permits program and a timeframe for the County to correct these deficiencies. The Maricopa County Air Quality Department submitted corrections to its permit program in quarterly updates beginning in February 2006 and in a final submittal dated October 20, 2006. This notice announces that, based on information provided by Maricopa County Air Quality Department, EPA concludes that Maricopa County has resolved all of the issues identified in the May 17, 2005 Notice of Deficiency. As a result, EPA will not impose sanctions set forth under the mandatory sanctions provisions of the Clean Air Act. In addition, EPA will not promulgate, administer, and enforce a whole or partial operating permit program pursuant to the title V regulations of the Clean Air Act within two years after the date of the finding of deficiency.
Airworthiness Directives; EADS SOCATA Model TBM 700 Airplanes
Document Number: E6-19545
Type: Proposed Rule
Date: 2006-11-20
Agency: Federal Aviation Administration, Department of Transportation
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 aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as an excessive lateral play caused by a nonconforming washer might lead to the deterioration of the elevator trim tab bearing fatigue resistance. The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI.
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135 Airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP Airplanes
Document Number: E6-19540
Type: Proposed Rule
Date: 2006-11-20
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain EMBRAER Model EMB-135 airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes. This proposed AD would require replacing the metallic tubes enclosing the vent and pilot valve wires in the left- and right-hand wing fuel tanks with non- conductive hoses. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent an ignition source inside the fuel tank that could ignite fuel vapor and cause a fuel tank explosion and loss of the airplane.
Airworthiness Directives; Bombardier Model CL-600-1A11 (CL-600), CL-600-2A12 (CL-601), CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604) Airplanes
Document Number: E6-19539
Type: Proposed Rule
Date: 2006-11-20
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier Model CL-600-1A11 (CL-600) airplanes, CL-600- 2A12 (CL-601) airplanes, and CL-600-2B16 (CL-601-3A, CL-601-3R, and CL- 604) airplanes. This proposed AD would require inspecting to identify the part number and serial number of the selector valves of the nose landing gear (NLG) and the nose gear door; and doing related investigative and corrective actions if necessary. This proposed AD results from reports of uncommanded partial retractions of the NLG. We are proposing this AD to prevent internal leakage of the selector valve, which, under certain conditions, could result in an uncommanded retraction of the NLG with consequent damage to the airplane and possible serious injury to ground personnel.
Airworthiness Directives; Fokker Model F.28 Mark 0070 and 0100 Airplanes
Document Number: E6-19538
Type: Proposed Rule
Date: 2006-11-20
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for all Fokker Model F.28 Mark 0070 and 0100 airplanes. This proposed AD would require a one-time inspection of the fuel lines located in the left and right main landing gear (MLG) bays to determine the clearance between the fuel and hydraulic lines. If necessary, this proposed AD would also require an inspection of fuel lines for chafing, replacement of a chafed fuel line with a new fuel line, and the repositioning of existing clamps and installation of additional clamps between the fuel and hydraulic lines. This proposed AD results from a fuel leak found in the left MLG bay. We are proposing this AD to detect and correct inadequate clearance between fuel and hydraulic lines in the MLG bay, which could lead to chafing of a fuel line and fuel leakage. A fuel leak near hot brakes could result in a fire in the MLG bay.
Airworthiness Directives; Pratt & Whitney PW4077D, PW4084D, PW4090, and PW4090-3 Turbofan Engines
Document Number: E6-19536
Type: Proposed Rule
Date: 2006-11-20
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to supersede an existing airworthiness directive (AD) for Pratt & Whitney PW4077D, PW4084D, PW4090, and PW4090-3 turbofan engines that were reassembled with previously used high pressure compressor (HPC) exit brush seal packs and new or refurbished HPC exit diffuser air seal lands. That AD currently requires replacing the HPC exit inner and outer brush seal packs with new brush seal packs, or replacing the HPC exit brush seal assembly with a new HPC exit brush seal assembly. This proposed AD would require replacing the HPC exit inner and outer brush seal packs with new brush seal packs, using either original equipment manufactured (OEM) parts, or FAA-approved part manufacturer approval (PMA) equivalent parts. This proposed AD would also apply to engines reassembled with a PMA equivalent HPC exit inner and/or outer brush seal packs. This proposed AD results from a request to include PMA equivalent HPC exit inner and outer brush seal packs and to include the engines with PMA equivalent parts already installed, in the AD. We are proposing this AD to prevent uncontained engine failure, damage to the airplane, and injury to passengers.
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 and ERJ 190 Airplanes
Document Number: E6-19532
Type: Proposed Rule
Date: 2006-11-20
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for all EMBRAER Model ERJ 170 and ERJ 190 airplanes. This proposed AD would require repetitive detailed inspections for blockage of the pitot drain holes of certain air data smart probes (ADSPs), removing accumulated moisture from the pneumatic passages of the ADSPs, related investigative actions, and corrective actions if necessary. This proposed AD results from reports of erroneous air speed indications caused by blockage of the pitot sensors due to freezing of accumulated moisture in the ADSP pneumatic passages. We are proposing this AD to prevent an erroneous air speed indication, which could reduce flightcrew ability to control the airplane.
Final Flood Elevation Determinations
Document Number: E6-19528
Type: Rule
Date: 2006-11-20
Agency: Federal Emergency Management Agency, Department of Homeland Security
Base (1% annual chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).
Imposition of Foreign Policy Controls on Surreptitious Communications Intercepting Devices
Document Number: E6-19509
Type: Rule
Date: 2006-11-20
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by imposing new foreign policy export and reexport controls on devices primarily useful for the surreptitious interception of wire, oral, or electronic communications classified under Export Control Classification Number (ECCN) 5A980. In this rule, BIS also imposes controls on related software and technology by creating ECCNs 5D980 and 5E980. BIS is taking this action in order to prevent the unlawful interception of oral, wire, or electronic communications by terrorists and others who may put the information gained through intercepted communications to an unlawful use, to promote the protection of privacy of oral, wire, or electronic communications; and to protect against threats of terrorism around the world.
Public Sales
Document Number: E6-19502
Type: Rule
Date: 2006-11-20
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
The Bureau of Land Management (BLM) amends its procedural regulations pertaining to the time allowed for the segregation of public lands proposed for sale. Under existing regulations, the BLM may segregate these lands from the operation of the public land and mineral laws for a period up to 270 days following publication of a Notice of Realty Action in the Federal Register. The Department of the Interior has imposed this time constraint under its discretion and not as a requirement of law. The current segregation period compresses the time necessary to address comments or protests the BLM receives after publication of a Notice of Realty Action. In order to address comments or protests in the normal course of business, as to future proposed sales, this final rule allows the BLM to segregate lands initially for a period of up to two years with the option to extend, if necessary, the initial period of segregation up to two additional years on a case- by-case basis. The BLM also is amending its segregation regulation at 43 CFR 2091.2-1 so that it will be consistent with the changes made in the BLM's public sale regulations.
Business and Industry Guaranteed Loan Program
Document Number: 06-9262
Type: Rule
Date: 2006-11-20
Agency: Department of Agriculture, Rural Business-Cooperative Service, Rural Utilities Service
Rural Business-Cooperative Service (RBS) amends its regulations for the Business and Industry (B&I) Guaranteed Loan Program by modifying the regulation regarding personal and corporate guarantors. This action will standardize the guarantor process. The Agency has created a guarantor form which will be used to obtain the personal or corporate guarantee of anyone owning greater than 20 percent interest in the borrower. The effect of this rule is to allow the Agency to use all remedies available to pursue collection from guarantors, including offset under the Debt Collection Improvement Act.
Revised Medical Criteria for Evaluating Visual Disorders
Document Number: 06-9236
Type: Rule
Date: 2006-11-20
Agency: Social Security Administration, Agencies and Commissions
We are revising the criteria in the Listing of Impairments (the listings) that we use to evaluate claims involving visual disorders. We apply these criteria when you claim benefits based on disability under title II and title XVI of the Social Security Act (the Act). The revisions reflect our program experience and advances in medical knowledge, treatment, and methods of evaluating visual disorders.
Fisheries of the Exclusive Economic Zone Off Alaska; Allocating Gulf of Alaska Fishery Resources
Document Number: 06-9229
Type: Rule
Date: 2006-11-20
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues a final rule to implement Amendment 68 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP). This action implements statutory provisions for the Central Gulf of Alaska Rockfish Pilot Program (hereafter referred to as the Program). This action is necessary to enhance resource conservation and improve economic efficiency for harvesters and processors who participate in the Central Gulf of Alaska (GOA) rockfish fishery. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the FMP, and other applicable law.
Regulation of Fuels and Fuel Additives
Document Number: 06-55529
Type: Rule
Date: 2006-11-20
Agency: Environmental Protection Agency
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