2006 – Federal Register Recent Federal Regulation Documents

DoD is reopening the comment period for the proposed rule published at 71 FR 46434 on August 14, 2006 which closed October 13. The proposed rule contains requirements for preventing unauthorized disclosure of export-controlled information and technology under DoD contracts. The comment period is extended to provide additional time for interested parties to review the proposed changes.

EPA is proposing to approve: A request to redesignate two 8- hour ozone National Ambient Air Quality Standard (NAAQS) nonattainment areas to attainment for the 8-hour ozone NAAQS; and a State Implementation Plan (SIP) revision containing a separate 10-year maintenance plan for each area. The two areas are the Portland, Maine 8-hour ozone nonattainment area and the Hancock, Knox, Lincoln and Waldo Counties (Midcoast), Maine 8-hour ozone nonattainment area. EPA is also providing information on the status of its transportation conformity adequacy determination for the new motor vehicle emissions budgets (MVEBs) for the year 2016 that are contained in the 10-year 8- hour ozone maintenance plans for each area. EPA is proposing to approve MVEBs for both areas.

This action announces that on August 21, 2006, EPA Region 10 and the Confederated Tribes of the Umatilla Indian Reservation (CTUIR) entered into a Partial Delegation of Administrative Authority to carry out certain day-to-day activities associated with administration of the Federal Implementation Plan for the Umatilla Indian Reservation (Umatilla FIP). A note of this partial delegation is being added to the Umatilla FIP.

The Agricultural Marketing Service (AMS) will increase, by approximately 10 percent, the hourly fees charged for Federal dairy grading and inspection services. Dairy grading and inspection services are voluntary and are financed through user-fees assessed to participants in the program. These revisions are necessary in order to recover, as nearly as practicable, the increase in salaries of Federal employees and increases in Agency costs, and to ensure that the Dairy Grading Branch operates on a financially self-supporting basis.

This document proposes adopting a new airworthiness directive (AD) for MD Helicopters, Inc. (MDHI) Model MD900 series helicopters. The AD would require modifying the pilot and co-pilot dual-control directional pedal assemblies, or the pilot single-control directional pedal assembly (directional control pedal assembly). This proposal is prompted by an accident which has been attributed to loss of directional control due to failure of the welds in the directional control pedal assembly. The actions specified by the proposed AD are intended to prevent fatigue cracking in the welds that connect the directional control pedal to the pedal shaft, resulting in loss of directional control and subsequent loss of control of the helicopter.

We are amending our regulations to provide that we will suspend your disability benefits before we make a determination during a continuing disability review (CDR) under title II and title XVI of the Social Security Act (the Act) when you fail to comply with our request for necessary information. Should you remain non-compliant for a period of one year following your suspension, we will then terminate your disability benefits. Although our current title XVI regulations generally provide for the termination of payments after 12 months of suspension, we are amending our regulations by adding this policy to our title II regulations and by restating it in the title XVI CDR regulatory provisions.

This document corrects final regulations (TD 9274) that were published in the Federal Register on Tuesday, July 11, 2006 (71 FR 38985). The document contains final regulations relating to the disclosure of return information pursuant to section 6103(k)(6) of the Internal Revenue Code.

On September 15, 2004, the Occupational Safety and Health Administration (OSHA) issued a new fire protection final rule for shipyards that incorporated by reference 19 National Fire Protection Association (NFPA) standards. Ten of those NFPA standards had been updated by NFPA since the fire protection rule was proposed and an additional NFPA standard has been updated since the final rule was published. In today's Federal Register, OSHA is publishing a direct final rule (DFR) replacing the references to the 11 older NFPA standards in OSHA's fire protection standard for shipyards with their most recent versions. If OSHA does not receive significant adverse comment on the DFR, the updated versions of the NFPA standards will replace their older versions in OSHA's fire protection standard for shipyards on the effective date stated in the DFR. If significant adverse comment on the updated versions is received, OSHA will withdraw the DFR and proceed with rulemaking on this proposed rule. However, if significant adverse comments are received regarding certain provisions included in the DFR, but not others, OSHA may finalize those changes that did not receive significant adverse comment, and conduct further rulemaking under the proposed rule for the changes that did receive significant adverse comment. A subsequent Federal Register document will be published to announce OSHA's action.

On October 6, 2006, EPA released the Regulatory Impact Analysis (RIA) for the revised particulate matter national ambient air quality standards. This RIA provides EPA's estimates of the range of the monetized human health benefits, control costs, and net benefits associated with meeting the revised suite of standards for fine particles (PM2.5) that are published elsewhere in this issue of the Federal Register, as well as for meeting a more stringent alternative. The final rule established a 24-hour standard of 35 g/ m3 and retained the annual standard of 15 g/m3. The EPA also promulgated a final decision to retain the current 24-hour PM10 standards and to revoke the current annual PM10 standards, in order to maintain protection against the health and welfare effects of thoracic coarse particles (PM10-2.5). Data and modeling limitations preclude EPA from assessing the costs and benefits of retaining the existing PM10 24-hour standard.

This action establishes Class E airspace at Robert Packer Hospital, Sayre, Pennsylvania. The development of an Area Navigation (RNAV), Helicopter Point in Space Approach, for the Robert Packer Hospital, Sayre, PA, has made this action necessary. Controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain aircraft executing the approach to the Robert Packer Hospital.

This action establishes Class E airspace at Hill Top Heliport, Troy, Pennsylvania. The development of an Area Navigation (RNAV), Helicopter Point in Space Approach, for the Hill Top Heliport, Troy, PA, has made this action necessary. Controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain aircraft executing the approach to the Hill Top Heliport.

This action establishes Class E airspace at Nessmuk Helipad, Wellsboro, Pennsylvania. The development of an Area Navigation (RNAV), Helicopter Point in Space Approach, for the Nessmuk Helipad, Wellsboro, PA, has made this action necessary. Controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain aircraft executing the approach to the Nessmuk Helipad.

This action establishes Class E airspace at Tyler Memorial Hospital, Tunkhannock, PA. Development of an Area Navigation (RNAV), Helicopter Point in Space Approach, for the Tyler Memorial Hospital Heliport, Tunkhannock, PA, has made this action necessary. Controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain aircraft executing the approach to the Tyler Memorial Hospital Heliport.

The EPA is issuing final amendments to the ambient air monitoring requirements for criteria pollutants. The purpose of the amendments is to enhance ambient air quality monitoring to better serve current and future air quality management and research needs. The final amendments establish limited ambient air monitoring requirements for thoracic coarse particles in the size range of PM10-2.5 to support continued research into these particles' distribution, sources, and health effects. The ambient air monitoring amendments also require each State to operate one to three monitoring stations that take an integrated, multipollutant approach to ambient air monitoring. In addition, the final amendments modify the general monitoring network design requirements for minimum numbers of ambient air monitors to focus on populated areas with air quality problems and to reduce significantly the requirements for criteria pollutant monitors that have measured ambient air concentrations well below the applicable National Ambient Air Quality Standards. These amendments also revise certain provisions regarding monitoring network descriptions and periodic assessments, quality assurance, and data certifications. A number of the amendments relate specifically to PM2.5, revising the requirements for reference and equivalent method determinations (including specifications and test procedures) for fine particle monitors.

The Farm Credit Administration (FCA or Agency) proposes to amend its regulation governing financing of processing and marketing operations by Farm Credit System (Farm Credit, FCS, or System) institutions under titles I and II of the Farm Credit Act of 1971, as amended (Act). Specifically, this proposal would revise the criteria used to determine eligibility of legal entities for financing as processing and marketing operations. FCA further proposes a non- substantive technical correction to its regulation defining the term ``person.''

The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations revising the Holtec International HI-STORM 100 cask system listing within the ``List of approved spent fuel storage casks'' to include Amendment No. 3 to Certificate of Compliance Number 1014. Amendment No. 3 would revise Technical Specification (TS) 3.1.3, to eliminate cooling of the Multi-Purpose Canister (MPC) cavity prior to reflood with water, as part of cask unloading operations; TS 3.3.1, to allow linear interpolation between minimal soluble boron concentrations, for certain fuel enrichments in the MPC-32/32F; Appendix B, Section 1, to make modifications to the definitions of fuel debris, damaged fuel assembly, and non-fuel hardware; and Appendix B, Section 2, to permit the storage of pressurized water reactor fuel assemblies with annular fuel pellets in the top and bottom 12 inches of the active fuel length. Other changes would be made to incorporate minor editorial corrections.

The Rural Utilities Service, an agency which administers the U.S. Department of Agriculture's Rural Development Utilities Programs (hereinafter ``USDA Rural Development'' or the ``Agency,'') is amending its regulations to update the seismic safety requirements of the Agency. These amendments will provide Agency borrowers (including Rural Telephone Bank borrowers), grant recipients, and the public with updated rules for compliance with seismic safety requirements for new building construction using loan, grant, or guaranteed funds of the Agency, or funds provided through lien accommodations or subordinations approved by the Agency.

This final rule sets forth the methodology and process used to compute and issue each State's allotments for fiscal years (FY) 2006 and FY 2007 that are available to pay Medicare Part B premiums for qualifying individuals. It also provides the final FY 2006 allotments and the preliminary FY 2007 allotments determined under this methodology. We are also confirming the April 28, 2006 interim final rule as final.

The Department of Energy (DOE or the Department) published a final rule on April 27, 2006, amending Part 431 to prescribe test procedures and other provisions for distribution transformers, pursuant to sections 323(b)(10) and 346(a) of the Energy Policy and Conservation Act, as amended. (42 U.S.C. 6293(b)(10) and 6317(a)) This document corrects three typographical errors in the final rule.

NMFS is prohibiting directed fishing for Pacific cod by non- American Fisheries Act (AFA) crab vessels catching Pacific cod for processing by the offshore component in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2006 Pacific cod sideboard limits apportioned to non-AFA crab vessels catching Pacific cod for processing by the offshore component of the Western Regulatory Area of the GOA.

This action corrects the 8-hour ozone nonattainment boundary for Monroe County, Georgia by deleting a highway from the boundary description, and clarifies the 8-hour ozone nonattainment boundary for Murray County, Georgia by adding a boundary description. Monroe County, Georgia is part of the Macon, Georgia 8-hour ozone nonattainment area and a portion of Murray County, Georgia makes up the Murray County (Chattahoochee National Forest Mountains), Georgia 8-hour ozone nonattainment area. The nonattainment boundaries for these two counties were described in EPA's final 8-hour ozone designations rule which was published in the Federal Register on April 30, 2004. EPA is clarifying the exact location of the 8-hour ozone nonattainment boundary for Murray County by including the precise descriptions of the boundary in the Code of Federal Regulations. In addition, pursuant to Clean Air Act (CAA) section 110(k)(6), EPA is also correcting an error made in identifying the 8-hour ozone nonattainment boundary for Monroe County.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Bombardier Model DHC-8-400 series airplanes. The existing AD currently requires revising the airplane flight manual (AFM) to advise the flightcrew of appropriate procedures to follow in the event that a main landing gear (MLG) fails to extend following a gear-down selection. The existing AD also currently requires repetitive replacement of the left and right MLG uplock assemblies with new assemblies; and an inspection of the left and right MLG uplock rollers for the presence of an inner low friction liner, and corrective actions if necessary. This proposed AD would revise the requirement for replacing the left and right MLG uplock assemblies by allowing replacement with alternative parts. For a certain MLG uplock assembly, this proposed AD would require repetitive inspections of the uplock hatch lower jaw for the presence of a wear groove and replacement with an improved part if necessary. For a certain MLG uplock assembly, this proposed AD also would require repetitive inspections of the uplock roller to ensure that it rotates freely and replacement with a new part if necessary. This proposed AD would allow optional replacement of the left and right MLG uplock assemblies with improved parts, which ends the requirements of the AFM revision and repetitive replacement and inspections. This proposed AD would remove airplanes from the applicability. This proposed AD results from development of a terminating action. We are proposing this AD to ensure that the flightcrew has the procedures necessary to address failure of an MLG to extend following a gear-down selection; and to detect and correct such failure, which could result in a gear-up landing and possible injury to passengers and crew.

The FAA proposes to adopt a new airworthiness directive (AD) for the McDonnell Douglas airplanes previously described. This proposed AD would require replacing the control modules of the fire detection systems of the propulsion engines with new, improved control modules. This proposed AD results from a report of broken or severed wiring between engine fire detectors and the fire detection system control module, which caused the fire detection system to become non-functional without flightcrew awareness. We are proposing this AD to prevent unannunciated fire in a propulsion engine, which could cause injury to flightcrew and passengers or loss of the airplane.

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 November 2006. Interest assumptions are also published on the PBGC's Web site https://www.pbgc.gov.

The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is proposing to amend Commission regulations to require that notices of exemption or exclusion under Part 4 of the Commission's regulations submitted to National Futures Association (``NFA'') be filed electronically. The Commission previously has authorized NFA to receive and to process notices of exemption or exclusion from certain of the Commission's Part 4 regulations. Currently, these notices are filed in paper form with NFA. The Commission is proposing to amend the regulations that require filing of a notice to require that such notice be filed electronically with NFA. The Commission is further proposing that the submission of a notice through NFA's electronic exemption filing system by a person duly authorized to bind the submitter be permitted in lieu of the manual signature currently required by each of these regulations. In addition, the Commission also is proposing technical amendments that would remove the procedure for making filings with the Commission required by Part 4, and revise other sections of Part 4 to refer to filings made with NFA rather than the Commission. Amendments to Commission regulations adopted in 2002 no longer require that any filings under Part 4 be submitted to the Commission; therefore, the regulation specifying the procedure for filing with the Commission is no longer necessary. Further, two sections of Part 4 that refer to filings made with the Commission inadvertently were not amended in 2002 to include corresponding changes indicating that such filings would henceforth be made with NFA.