2006 – Federal Register Recent Federal Regulation Documents

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.

We propose to adopt a new airworthiness directive (AD) for certain Mooney Airplane Company, Inc. Models M20M and M20R airplanes. This proposed AD would require you to retorque the upper left and upper right engine mounting hardware as an interim action. This proposed AD would also require you to remove the upper left and upper right engine mount attaching hardware, cut out and remove the upholstery and insulation between the fuselage tubular frame and the firewall, and replace the upper left and upper right engine mount attaching hardware with the new parts kit. This proposed AD results from failure of the engine mount attaching hardware to maintain torque as a result of firewall insulation and upholstery being compressed between the fuselage tubular frame and the firewall at the upper left and upper right engine mount attach points. We are proposing this AD to prevent the upper right and upper left engine mounting hardware from losing torque, which could result in a reduction in engine mount load carrying capability and could lead to engine mount failure.

On August 21, 2006, the Legal Services Corporation (LSC) issued a Notice of Proposed Rulemaking (NPRM) proposing to amend LSC's regulation on client grievance procedures. The comment period closed on September 20, 2006. LSC is reopening the comment period to allow additional time for interested parties to comment on the proposed changes.

This final rule establishes the basis and procedures for removing real estate brokers from HUD's qualified selling broker list and for prohibiting removed brokers from using HUD's systems to participate in the sale of HUD-owned, single family properties. This rule is similar to existing removal rules for Federal Housing Administration (FHA) appraisers, consultants, and nonprofit organizations, and provides HUD a more expeditious disciplinary procedure for real estate brokers than the suspension and debarment procedures that would otherwise be applicable. This final rule follows publication of a September 17, 2004, proposed rule, and takes into consideration the public comments received on the proposed rule.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of an original new animal drug application (NADA) filed by Virbac AH, Inc. The NADA provides for veterinary prescription use of chewable tablets in dogs containing ivermectin, pyrantel pamoate, and praziquantel for the treatment and control or prevention of various internal parasites.

The Food and Drug Administration (FDA) is correcting a document amending the animal drug regulations to reflect approval of an abbreviated new animal drug application (ANADA) that appeared in the Federal Register of September 1, 2006 (71 FR 51995). FDA is correcting the date of approval of an ANADA for a generic lincomycin injectable solution which was drafted in error. This correction is being made to improve the accuracy of the Federal Register.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus Model A300 airplanes. This AD requires modifying the airplane and the engine/nacelle to install a third line of defense against inadvertent deployment of the thrust reverser in flight. This AD also requires two other actions that must be accomplished before or concurrently with the modification: installing a structural change in the fan cowl to avoid interference; and installing a dedicated, shielded electrical circuit. This AD results from a report that the manufacturer has developed a third line of defense against the inadvertent deployment of the thrust reverser of Model A300 airplanes that are equipped with General Electric CF6-50 series engines (in accordance with FAA guidelines). We are issuing this AD to prevent inadvertent deployment of the thrust reverser in flight, which could result in reduced controllability of the airplane.

Pursuant to section 111(b)(1)(B) of the Clean Air Act, the EPA has reviewed the emission standards for volatile organic compounds contained in the standards of performance for equipment leaks of volatile organic compounds in the synthetic organic chemicals manufacturing industry and equipment leaks of volatile organic compounds in petroleum refineries. This action proposes amendments to these standards based on this review. Specifically, we are proposing amendments to increase the stringency of the leak definitions for pumps and valves. We are also proposing several technical clarifications and corrections to existing provisions. The clarifications and corrections in the regulations would apply to all sources that are subject to rules that reference these regulations.

This rule changes the reporting requirements established under the Idaho-Eastern Oregon onion marketing order, which regulates the handling of onions grown in designated counties in Idaho and Oregon and is administered locally by the Idaho-Eastern Oregon Onion Committee. This rule: Establishes a credit application procedure for assessments paid on onions that are subsequently regraded, resorted, or repacked within the production area or diverted to exempt special purpose outlets; changes the reporting requirements for fresh onions for peeling, chopping, or slicing, and for special purpose shipments; adds ``disposal'' as a special purpose shipment; and announces the Agricultural Marketing Service's (AMS) intention to request emergency approval by the Office of Management and Budget (OMB) of a new information collection. These changes are intended to enhance the efficient operation of the program and improve compliance with the other provisions.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus Model A300-600 airplanes. This proposed AD would require an inspection to determine if certain spoiler actuators having certain part numbers are installed, and eventual replacement of all affected actuators. This proposed AD results from failure of a distribution block, which was detected during fatigue qualification tests of certain spoiler actuators. We are proposing this AD to prevent failure of the distribution block, which could result in leakage of the hydraulic fluid that supplies those actuators. This failure could cause failure of one of the three spoiler actuators and the associated hydraulic circuits, which could result in loss of those hydraulic circuits and consequent reduced controllability of the airplane.

The Commander, Eleventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Henry Ford Drawbridge across the Cerritos Channel, mile 4.8 at Los Angeles, CA. This deviation allows the bridge to remain in the closed- to-navigation position during the deviation period. The deviation is necessary for the bridge owner, the Port of Los Angeles, to perform critical repairs which involve modifications to allow for the inspection of the bridge's counterweight wire ropes.

On June 19, 2006, the State of North Carolina, through the North Carolina Department of Environment and Natural Resources, Division of Air Quality, submitted a final request: To redesignate the Rocky Mount 8-hour ozone nonattainment area to attainment for the 8- hour ozone National Ambient Air Quality Standard, and to approve a North Carolina State Implementation Plan revision containing a maintenance plan for Rocky Mount, North Carolina. The Rocky Mount 8- hour ozone nonattainment area is comprised of two counties, Edgecombe and Nash. EPA is proposing to approve the 8-hour ozone redesignation request for the Rocky Mount 8-hour ozone nonattainment area. Additionally, EPA is proposing to approve the 8-hour ozone maintenance plan for Rocky Mount, North Carolina. This proposal is based on EPA's determination that the State of North Carolina has demonstrated that the Rocky Mount area has met the criteria for redesignation to attainment specified in the Clean Air Act, including the determination that the entire Rocky Mount 8-hour ozone nonattainment area has attained the 8-hour ozone standard. In this action, EPA is also finding adequate and proposing to approve the 2008 and 2017 motor vehicle emissions budgets (MVEBs) for nitrogen oxides (for both Edgecombe and Nash counties) that are contained in the 8-hour ozone maintenance plan for the Rocky Mount nonattainment area. North Carolina has established subarea MVEBs at the county level so each county must consider its individual subarea MVEBs for the purposes of implementing transportation conformity. Further, in this action, EPA is proposing to find adequate and to approve the insignificance determination for volatile organic compounds' contribution from motor vehicle emissions to the 8-hour ozone pollution in the Rocky Mount, North Carolina area.

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the state of Missouri to add a test method for compliance testing to the rule that controls emissions of nitrogen oxides of major sources in the St. Louis ozone nonattainment area.

The FAA is superseding an existing airworthiness directive (AD), which applies to all Boeing Model 747 series airplanes. That AD currently requires repetitive inspections for cracking of the top and side panel webs and panel stiffeners of the nose wheel well (NWW), and corrective actions if necessary. This new AD reduces the interval for certain repetitive inspections and removes a certain optional inspection. This new AD also requires replacing the NWW side and top panels with new panels, which terminates the repetitive inspections. This AD results from the development of a new modification. We are issuing this AD to prevent fatigue cracks in the top and side panel webs and stiffeners of the NWW, which could compromise the structural integrity of the NWW and could lead to the rapid decompression of the airplane.

NMFS announces that the summer flounder commercial quota available to New York has been harvested. Vessels issued a commercial Federal fisheries permit for the summer flounder fishery may not land summer flounder in New York for the remainder of calendar year 2006, unless additional quota becomes available through a transfer from another state. Regulations governing the summer flounder fishery require publication of this notification to advise New York that the quota has been harvested and to advise vessel permit holders and dealer permit holders that no commercial quota is available for landing summer flounder in New York.

The Defense Logistics Agency (DLA) is modifying its exemption rule for a system of records (S500.10, ``Personnel Security Files,'' (August 11, 2006, 71 FR 46201)) in its inventory of systems of records pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

The Copyright Royalty Board, acting pursuant to statute, referred a novel question of law to the Register of Copyrights concerning the designation of certain digital subscription music services as preexisting subscription services. Specifically, the Copyright Royalty Board requested a decision by the Register of Copyrights regarding whether the universe of preexisting subscription services was limited to three specific services. The Register of Copyrights, in a timely fashion, transmitted a Memorandum Opinion to the Copyright Royalty Board confirming that only three music services qualify as a preexisting subscription service for purposes of performing a sound recording publicly by means of a subscription digital audio transmission pursuant to a statutory license.

EPA is proposing to allocate essential use allowances for import and production of class I stratospheric ozone depleting substances (ODSs) for calendar year 2007. Essential use allowances enable a person to obtain controlled class I ODSs as part of an exemption to the regulatory ban on the production and import of these chemicals, which became effective as of January 1, 1996. EPA allocates essential use allowances for exempted production or import of a specific quantity of class I ODSs solely for the designated essential purpose. The proposed allocations total 125.3 metric tons (MT) of chlorofluorocarbons (CFCs) for use in metered dose inhalers (MDIs) for 2007.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier Model DHC-8-400 series airplanes. This proposed AD would require inspecting to determine the manufacturer's date of certain V-band clamps on the engine exhaust shroud assembly, and doing related investigative/corrective actions if necessary. This proposed AD results from a report of a discrepancy found during a maintenance inspection on a V-band clamp located on the engine exhaust duct shroud. The clamp ends were touching (although the correct fastener torque had been applied), resulting in reduced clamp force on the flanges. We are proposing this AD to prevent vibration in the duct shroud and fretting of the V-band clamp and flanges, which could result in cracking of the flanges and consequent release of hot exhaust gases from the engine tailpipe and damage to adjacent structure. This situation could trigger the fire warning system and result in an in-flight emergency, such as the flightcrew shutting down the engine and activating the fire suppression system.

We are advising the public that the Animal and Plant Health Inspection Service has received three petitions requesting that we delay implementation of, and reconsider provisions in, a recent final rule establishing a herd certification program and interstate movement restrictions for cervids to control the spread of chronic wasting disease. We are soliciting public comments on the petitions and the potential impacts of the actions they recommend.

On September 11, 2006, the Board of Governors of the United States Postal Service adopted a revision to its bylaws. The purpose of this revision was to enable Postal Service management to submit relatively minor Negotiated Service Agreements (NSAs) to the Postal Rate Commission for consideration without first submitting those minor NSAs to the Postal Service Board of Governors. Consequently, the Postal Service hereby publishes this final rule.

The Coast Guard proposes the establishment of a 1000 foot safety zone around a fireworks display for the North Carolina Parks and Recreation Conference occurring on November 12, 2006, on the Trent River, New Bern, NC. This action is intended to restrict vessel traffic on the Trent River. This safety zone is necessary to protect mariners from the hazards associated with fireworks displays.

EPA is taking direct final action to approve a revision to the Maryland State Implementation Plan (SIP). The revision consists of the Nitrogen Oxides (NOX) allowance allocations for the 2008 ozone season, in accordance with Maryland's approved NOX SIP Call trading program. EPA is approving this revision to Maryland's NOX Reduction and Trading Program in accordance with the requirements of the Clean Air Act.