November 2006 – Federal Register Recent Federal Regulation Documents

On January 24, 2006, EPA published a proposed approval of a revision updating the Long-Term Strategy of the State Implementation Plan (SIP) for Class I Visibility Protection, which was submitted by the Governor of Colorado with a letter dated March 24, 2005. In a February 13, 2006, letter EPA received adverse comments on our proposed approval from Rocky Mountain Clean Air Action. In this final rulemaking, we address the adverse comments received and finalize our approval.

The FAA is adopting a new airworthiness directive (AD) for Pratt & Whitney PW4074, PW4074D, PW4077, PW4077D, PW4084D, PW4090, PW4090-3, and PW4098 turbofan engines, with certain front turbine hub part numbers installed. This AD requires a onetime visual inspection of the anti-rotation slots in the front turbine hub, for a machining nonconformance, and its replacement if the inspection failed. This AD results from a report of a crack found in an anti-rotation slot of a front turbine hub, during overhaul shop inspection. The anti-rotation slot geometry was not machined in conformance with the design drawing during manufacture. We are issuing this AD to prevent uncontained engine failure, damage to the airplane, and injury to passengers.

This document contains proposed regulations under section 6111 of the Internal Revenue Code which provide the rules relating to the disclosure of reportable transactions by material advisors. These regulations affect material advisors responsible for disclosing reportable transactions under section 6111 and material advisors responsible for keeping lists under section 6112.

This document contains temporary and final regulations under sections 6011, 6111, and 6112 of the Internal Revenue Code that modify the rules relating to the disclosure of reportable transactions and the list maintenance requirements. These regulations affect taxpayers participating in reportable transactions under section 6011, material advisors responsible for disclosing reportable transactions under section 6111, and material advisors responsible for keeping lists under section 6112. These temporary and final regulations are being issued concurrently with proposed regulations under sections 6011, 6111, and 6112 published elsewhere in the Federal Register.

EPA is approving a State Implementation Plan (SIP) revision submitted by the State of West Virginia. This revision establishes amendments to the State's prevention of significant deterioration (PSD) preconstruction air quality permit program regulation. The intended effect of this action is the approval of a State Implementation Plan (SIP) revisions submitted by West Virginia Department of Environmental Protection.

This final rule establishes regulations for HUD's new Good Neighbor Next Door (GNND) Sales Program. The requirements for the new program are closely modeled on those for HUD's Officer Next Door (OND) and Teacher Next Door (TND) Sales Programs. The GNND Sales Program replaces and builds upon the success of these two existing sales programs. The purpose of the GNND Sales Program is to improve the quality of life in distressed urban communities by encouraging law enforcement officers, teachers, and firefighters/emergency medical technicians, whose daily responsibilities represent a nexus to the needs of the community, to purchase and live in homes in these communities. This final rule follows publication of a September 8, 2005, proposed rule and takes into consideration the public comments received on the proposed rule.

In response to a proposal filed jointly by Elizabethtown CBC, CBC of Marion County, Inc., Washington County CBC, Inc., Newberry Broadcasting, Inc. and Cumulus Licensing LLC and a counterproposal filed by CXR Holdings, LLC in this proceeding, this document granted multiple channel substitutions and changes of community of license in Indiana, Kentucky and Tennessee. Specifically, this document substitutes Channel 294C3 for Channel 294A at Belle Meade, Tennessee, reallots Channel 294C3 to Millersville, Tennessee, and modifies the license of Station WNFN to specify operation on Channel 294C3 at Millersville. In order to accommodate Channel 294C3 at Millersville, it substitutes Channel 293A for Channel 294A at Horse Cave, Kentucky, and modifies the license of Station WHHT to pecify operation on Channel 293A. It also substitutes Channel 297A for Channel 292A at Hodgenville, Kentucky, and modifies the license of Station WKMO to specify operation on Channel 297A, and substitutes Channel 257A for Channel 297A at Lebanon Junction, Kentucky, modifies the license of Station WTHX to specify operation on Channel 257A. In order to replace the loss of a sole local service at Belle Meade, it reallots Channel 246C2 from Goodlettsville, Tennessee, to Belle Meade and modifies the license of Station WRQQ to specify Belle Meade as the community of license. To avoid depriving Goodlettsville of its sole local service, it reallots Channel 221A from Hendersonville, Tennessee, to Goodlettsville, and modifies the license of Station WQQK to specify Goodlettsville as the community of license. To avoid the loss of the sole local service at Hendersonville, it substitutes Channel 259C0 for Channel 259C at Manchester, Tennessee, reallots Channel 259C0 to Hendersonville, and modifies the license of Station WWTN to specify operation on Channel 259C0 at Hendersonville. As requested in the CXR Holdings, LLC Counterproposal, it substitutes Channel 276C2 for Channel 276A at St. Matthews, Kentucky, reallots Channel 276C2 to Lyndon, Kentucky, and modifies the license of Station WRKA to specify operation on Channel 276C2 at Lyndon. In order to accommodate the Channel 276C2 allotment at Lyndon, it substitutes Channel 275A for Channel 276A at Versailles, Indiana, reallots Channel 275A to Hope, Indiana, and modification of the license of Station WXCH to specify operation on Channel 275A at Hope. To allot Channel 275A to Hope, it substitutes Channel 262A for Channel 275A at Edinburgh, Indiana, and modifies the license of Station WYGB to specify operation on Channel 262A. In order to accommodate the allotment of Channel 276C2 to Lyndon, it substitutes Channel 274A for Channel 275C3 at Tell City, Indiana, reallots Channel 274A to Lewisport, Kentucky, and modifies the license of Station WLME to specify operation on Channel 274A at Lewisport. To replace the loss of the sole local service from St. Matthews, it reallots Channel 295B from Louisville, Kentucky, to St. Matthews and modifies the license of Station WVEZ to specify St. Matthews as the community of license. In order to allot Channel 276C2 at Lyndon, it substitutes Channel 289A for Channel 276A at Greensburg, Kentucky, and modifies the license of Station WGRK-FM to specify operation on Channel 289A. The reference coordinates for the Channel 294C3 allotment at Millersville, Tennessee, are 36-26-24 and 86-37-39. The reference coordinates for the Channel 293A allotment at Horse Cave, Kentucky, are 37-13-57 and 85-52-06. The reference coordinates for the Channel 297A allotment at Hodgenville, Kentucky, are 37-40-34 and 85-40-57. The reference coordinates for the Channel 257A allotment at Lebanon Junction, Kentucky, are 37-44-37 and 85-38-52. The reference coordinates for the Channel 246C2 allotment at Belle Meade, Tennessee, are 37-17-50 and 86-45-11. The reference coordinates for the Channel 221A allotment at Goodlettsville, Tennessee, are 37-17-50 and 86-45-11. The reference coordinates for the Channel 259C0 allotment at Hendersonville, Tennessee, are 35-49-03 and 86-31-24. The reference coordinates for the Channel 276C2 allotment at Lyndon, Kentucky, are 38-23-57 and 85-36-56. The reference coordinates for the Channel 275A allotment at Hope, Indiana, are 39-19-29 and 85- 53-41. The reference coordinates for the Channel 262A allotment at Edinburgh, Indiana, are 39-15-37 and 86-06-21. The reference coordinates for the Channel 274A allotment at Lewisport, Kentucky, are 37-47-44 and 86-50-58. The reference coordinates for the Channel 295B allotment at St. Matthews, Kentucky, are 38-22-19 and 85-49-33. The reference coordinates for the Channel 289A allotment at Greensburg, Kentucky, are 37-14-09 and 85-27-56. With this action, the proceeding is terminated.

This document allots Channel 293C2 to Powers, Oregon, and Channel 292A to Zapata, Texas. It also makes an editorial change in the FM Table of Allotments by removing Channel 228A and adding Channel 228C3 at Zapata, Texas. See SUPPLEMENTARY INFORMATION, infra.

On August 8, 2006, the Bureau of Indian Affairs (BIA) and the Office of the Secretary proposed to amend several of their regulations related to Indian trust management (see 71 FR 45173). The purpose of the amendments is to further fulfill the Secretary's fiduciary responsibilities to federally recognized tribes and individual Indians and to meet the Indian trust management policies in the Indian Land Consolidation Act (ILCA), as amended by the American Indian Probate Reform Act of 2004 (AIPRA). These amendments address Indian trust management issues in the areas of probate, probate hearings and appeals, tribal probate codes, life estates and future interests in Indian land, the Indian land title of record, and conveyances of trust or restricted land. There is also an ``Application for Consolidation by Sale'' form that is associated with one of these amendments. This notice reopens the comment period for an additional 60 days to January 2, 2007. The BIA and Office of Secretary are reopening the comment period for an additional 60 days to ensure that all interested parties, including tribes and individual Indians, have the opportunity to review the proposed rule and prepare their comments.

Upon a request received by the New England Fishery Management Council (Council), NMFS proposes measures to modify the existing reporting and recordkeeping requirements for federally permitted seafood dealers/processors, and the observer requirements for participating hagfish vessels. The Council has determined that the modifications are necessary to gather additional information on the unique aspects of the hagfish fishery and its interaction with other federally managed fisheries. The information collected from fishery participants (dealers/processors and vessels) would help the Council to determine the need for, and potentially develop , a hagfish Fishery Management Plan (FMP).

EPA is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of Utah on February 7, 2006. These changes to the Utah Administrative Code revise some minor technical requirements of Utah's continuous emission monitoring rules and correct several grammatical errors. The intended effect of this action is to make federally enforceable those provisions that EPA is proposing to approve. This action is being taken under section 110 of the Clean Air Act. In the ``Rules and Regulations'' section of this Federal Register, EPA is approving the State's SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial SIP revision and anticipates no adverse comments. A detailed rationale for the approval is set forth in the preamble to the direct final rule. If EPA receives no adverse comments, EPA will not take further action on this proposed rule. If EPA receives adverse comments, EPA will withdraw the direct final rule and it will not take effect. EPA will address all public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment.

The Nuclear Regulatory Commission (NRC) is publishing for public comment a notice of receipt of a petition for rulemaking, dated August 25, 2006, which was filed with the Commission by Diane Curran on behalf of Massachusetts Attorney General. The petition was docketed by the NRC on September 19, 2006, and has been assigned Docket No. PRM-51- 10. The petitioner requests that the NRC revoke certain regulations in their entirety, and revoke other regulations to the extent that these regulations, in the petitioner's view, state, imply, or assume that the environmental impacts of storing spent nuclear fuel in high-density pools are not significant; issue a generic determination to clarify that the environmental impacts of high-density pool storage of spent fuel, will be considered significant; and require that any NRC licensing decision concerning high-density pool storage of spent nuclear fuel be accompanied by an environmental impact statement that addresses the environmental impacts of this storage and alternatives for avoiding or mitigating any environmental impacts. The petitioner is seeking the generic treatment of spent fuel pool hazards because he believes that a pool accident at any operating nuclear power plant in the New England and Mid-Atlantic states could significantly affect the health, environmental, and economic well-being of Massachusetts.

The Coast Guard is establishing a temporary safety zone on the waters of the Caloosahatchee River, Florida in the vicinity of the Cape Coral Bridge while repair operations are being conducted. This rule is necessary to ensure the safety of the construction workers and mariners on the navigable waters of the United States.

Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed below. The BFEs are the basis for the floodplain management measures that the 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).

Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed BFEs modifications for the communities listed below. The BFEs are the basis for the floodplain management measures that the 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).

The Commission, on its own motion, editorially amends the Table of FM Allotments to specify the actual classes of channels allotted to various communities. The changes in channel classifications have been authorized in response to applications filed by licensees and permittees operating on these channels. This action is taken pursuant to Revision of Section 73.3573(a)(1) of the Commission's Rules Concerning the Lower Classification of an FM Allotment, 4 FCC Rcd 2413 (1989), Amendment of the Commission's Rules to permit FM Channel and Class Modifications by Applications, 8 FCC Rcd 4735 (1993) and Streamlining of Radio Technical Rules in Part 73 and 74 of the Commission's Rules, 15 FCC Rcd 21649 (2000).

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).

The FHWA proposes to supplement its regulation that governs work zone safety and mobility in highway and street work zones to include conditions for the appropriate use of, and expenditure of funds for, uniformed law enforcement officers, positive protective measures between workers and motorized traffic, and installation and maintenance of temporary traffic control devices during construction, utility, and maintenance operations. The proposed changes are intended to decrease the likelihood of fatalities and injuries to workers who are exposed to motorized traffic (vehicles using the highway for purposes of travel) while working on Federal-aid highway projects. This proposal is in response to section 1110 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59, 119 Stat. 1227.

This regulation establishes a permanent exemption from the requirement of a tolerance for residues of the Bacillus thuringiensis modified Cry3A protein (mCry3A) and the genetic material necessary for its production in corn on field corn, sweet corn, and popcorn when applied/used as a plant-incorporated protectant. Syngenta Seeds, Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Bacillus thuringiensis modified Cry3A protein (mCry3A) and the genetic material necessary for its production in corn.

The Secretary is amending the Federal Student Aid Program regulations to implement the changes to the Higher Education Act of 1965, as amended (HEA), resulting from the Higher Education Reconciliation Act of 2005 (HERA), Pub. L. 109-171, and other recently enacted legislation. These final regulations reflect the provisions of the HERA that affect students, borrowers, postsecondary educational institutions, lenders, and other program participants in the Federal student aid programs authorized under Title IV of the HEA. Final regulations for the two new Title IV grant programs created by the HERA, the Academic Competitiveness Grant Program and the National Science and Mathematics Access to Retain Talent (SMART) Grant Program, are being published in a separate notice in the Federal Register.

The Postal Service is revising its mailing standards and packaging requirements for Division 6.2 infectious substances based on the criteria published by the World Health Organization. Our revised standards adopt many of the changes the Department of Transportation made to its regulations for the shipment and packaging of hazardous materials. We also harmonize our standards with the World Health Organization Guidance on Regulations for the Transport of Infectious Substances and the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air. In addition, we prohibit Category A infectious substances in the mail.

This action extends the comment period for 12 days on an October 5, 2006, proposed rule regarding the first 2007 fishing season for Atlantic sharks. Due to late dealer reports that may substantially change landings estimates of large and small coastal sharks during the first trimester of 2006 for the Gulf of Mexico, NMFS is extending the comment deadline on that proposed rule from November 1, 2006, until November 13, 2006.

This action extends the expiration date of Special Federal Aviation Regulation (SFAR) No. 105 through October 31, 2008. This action is necessary to maintain the reservation system established for unscheduled arrivals at O'Hare International Airport consistent with the newly adopted limitations imposed on scheduled operations at the airport.