2006 – Federal Register Recent Federal Regulation Documents

The Audio Division has dismissed the request of Dana J. Puopolo (``Puopolo'') to allot Channel 264A at Cumberland Head, New York. Puopolo filed a petition for rulemaking proposing the allotment of Channel 264A at Cumberland Head, as the community's first local FM transmission service. The proposal was dismissed for inability to provide useable service to the community due to destructive interference from Canadian Station CBF-FM.

This regulation establishes a tolerance for residues of metrafenone, (3-bromo-6-methoxy-2-methylphenyl)(2,3,4-trimethoxy-6- methylphenyl)methanone, in or on imported grape at 0.6 parts per million (ppm), with no U.S. registration. BASF Corporation requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).

This regulation establishes a tolerance for residues of dithianon, (5,10-dihydro-5,10-dioxonaphtho(2,3-b)-1,4-dithiin-2,3- dicarbonitrile in or on imported fruit, pome, group 11, and hop, dried cones. BASF Corporation requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).

This regulation establishes an exemption from the requirement of a tolerance for residues of the Pantoea agglomerans strain E325 on apples and pears when applied/used as a microbial pesticide. Northwest Agricultural Products 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 Pantoea agglomerans strain E325.

These proposed regulations would revise Federal requirements for establishing and enforcing medical support obligations in child support enforcement program cases receiving services under title IV-D of the Social Security Act (the Act). The proposed changes would: require that all support orders in the IV-D program address medical support; redefine reasonable-cost health insurance; require health insurance to be accessible, as defined by the State; and make conforming changes to the Federal substantial-compliance audit and State self-assessment requirements.

The Farm Credit Administration (FCA or Agency) is issuing a final rule to update and amend its regulations regarding privacy and security information and other matters. This action is being taken to correct certain citations in the regulations and to conform the regulations to Executive order 13292.

The FAA proposes to adopt a new airworthiness directive (AD) for all McDonnell Douglas Model MD-11 and -11F airplanes. This proposed AD would require revising the maintenance inspection program that provides for inspection of principal structural elements (PSEs) and replacement of safe-life parts, to incorporate a new revision to the MD-11 Airworthiness Limitations Instructions. The revision would reduce inspection intervals for fatigue cracking of certain PSEs, and expand the inspection area for a certain other PSE. This proposed AD results from a revised damage tolerance analysis. We are proposing this AD to detect and correct fatigue cracking of certain PSEs, which could adversely affect the structural integrity of the airplane.

We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by an airworthiness authority of another country to identify and correct an unsafe condition on an aviation product. We are issuing this AD to require actions to correct the unsafe condition on these products.

The Executive Director, Federal Retirement Thrift Investment Board (Agency) is adopting as final, the Agency's proposed rule amending the Thrift Savings Plan's (TSP's) regulations to improve processing of court orders that seek to divide a TSP account pursuant to a divorce. The final rule limits the types of court orders the Agency will accept to either one that requires payment of a specific dollar amount or that requires payment of a stated percentage or fraction of the account. The Agency will no longer accept formula court orders.

The Federal Emergency Management Agency (FEMA) withdraws the final flood elevation determination published in 71 FR 33647, June 12, 2006 for the Unincorporated Areas of Yuma County and Cities of San Luis and Yuma, and the Unincorporated Areas of Coconino County, and City of Flagstaff, Arizona, hereafter referred to as ``listed communities.'' A final flood elevation determination will be made at a later date.

PHMSA is correcting a minor error in a final rule, published in the Federal Register on September 14, 2006. That final rule corrected editorial errors, made minor regulatory changes and, in response to requests for clarification, improved the clarity of certain provisions in the Hazardous Materials Regulations (HMR).

The EPA announces the deletion of the Cedartown Industries, Inc. Site in Cedartown, Polk County, Georgia from the National Priorities List (NPL). The NPL constitutes Appendix B of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR Part 300, which EPA promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended. EPA and the State of Georgia have determined that the Site poses no significant threat to public health or the environment and, therefore, no further remedial measures pursuant to CERCLA are appropriate.

The Coast Guard is correcting a technical amendment that appeared in the Federal Register on August 21, 2006. That technical amendment authorizes the Commanding Officer, National Maritime Center to perform certain mariner credentialing functions in addition to Officers in Charge, Marine Inspection, who currently perform those functions. At the end of a transitional period, most credentialing functions will be consolidated at a centralized location. The amendment also makes technical changes to the mariner credentialing appellate process. The technical amendment is organizational in nature and will have no substantive effect on the regulated public.

We are adopting a new airworthiness directive (AD) for certain Raytheon Aircraft Company (RAC) Model B300 airplanes. This AD requires you to modify the cabin passenger seats by installing a modification kit on each passenger seat, removing the existing technical standard order (TSO) label, and re-identifying each modified passenger seat assembly with a new part number. This AD results from the seats not meeting the ultimate load requirements of 14 CFR part 23 during structural testing of the seat with design changes. We are issuing this AD to prevent the passenger seats from failing during emergency landing conditions when high inertial loadings occur. Passenger seat failure may result in occupant injury.

The EPA, Region 7, is issuing a notice of intent to delete the Site located near Waverly, Nebraska, from the NPL and requests public comments on this notice of intent. The NPL, promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is found in Appendix B of 40 CFR part 300 of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Nebraska through the Nebraska Department of Environmental Quality (NDEQ) have determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund.

The FAA is adopting a new airworthiness directive (AD) for certain Stemme GmbH & Co. KG Model STEMME S10-VT sailplanes. This AD requires you to do a one-time inspection of all exhaust bends (each cylinder 1 to 4) in the area of the curvature bend near the cylinder flange, replace any damaged exhaust pipes found, and recondition the heat protection wrapping. This AD results from deformations and cracks found at an exhaust bend during maintenance work. We are issuing this AD to detect and correct cracks in the exhaust pipes. Damaged exhaust pipes could cause exhaust gases to expand into the engine compartment and/or carbon monoxide (CO) to leak into the cockpit section.

We, the U.S. Fish and Wildlife Service (the Service), are extending the comment for the draft Environmental Assessment (DEA) on take of raptors from the wild for falconry and for captive propagation. Comments on the DEA previously submitted need not be resubmitted, because they have been incorporated into the public record and will be fully considered in the revisions of the DEA.

The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is proposing to amend Commission regulations to require introducing brokers (``IBs'') submitting CFTC financial Forms 1-FR-IB that are certified by independent public accountants to file such financial reports electronically with the National Futures Association (``NFA''). The proposed amendments also would require that certified Financial and Operational Combined Uniform Single Reports (``FOCUS'' Reports), submitted by IBs registered with the Securities and Exchange Commission (``SEC'') as securities brokers or dealers (``B/Ds'') in lieu of Form 1-FR-IB, be filed either electronically or in paper form in accordance with the rules of the NFA. The CFTC also is proposing to amend Commission regulations to require that with respect to any such electronic filing, a paper copy including the original signed certification be maintained by the IB in its records for a period of five years in accordance with Commission Regulation 1.31.

The interpretations in this Staff Accounting Bulletin express the staff's views regarding the process of quantifying financial statement misstatements. The staff is aware of diversity in practice. For example, certain registrants do not consider the effects of prior year errors on current year financial statements, thereby allowing improper assets or liabilities to remain unadjusted. While these errors may not be material if considered only in relation to the balance sheet, correcting the errors could be material to the current year income statement. Certain registrants have proposed to the staff that allowing these errors to remain on the balance sheet as assets or liabilities in perpetuity is an appropriate application of generally accepted accounting principles. The staff believes that approach is not in the best interest of the users of financial statements. The interpretations in this Staff Accounting Bulletin are being issued to address diversity in practice in quantifying financial statement misstatements and the potential under current practice for the build up of improper amounts on the balance sheet.

We, OSM, are announcing the receipt of a proposed amendment to the West Virginia Abandoned Mine Land Reclamation (AMLR) Plan under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The proposed amendment makes numerous revisions throughout the State's AMLR Plan. The amendment is intended to update and improve the effectiveness of the West Virginia AMLR Plan. This document gives the times and locations that the West Virginia AMLR Plan and proposed amendment is available for your inspection, the comment period during which you may submit written comments, and the procedures that will be followed for the public hearing, if one is requested.

We are approving an amendment to the Colorado abandoned mine land reclamation (AMLR) plan (hereinafter referred to as the ``Colorado plan'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act).

The Office of Personnel Management is issuing final regulations to provide Federal agencies with the authority to grant a newly appointed or reappointed employee credit for prior work experience that otherwise would not be creditable for the purpose of determining the employee's annual leave accrual rate. An agency may use this authority to recruit an individual with the skills and experience necessary to achieve an important agency mission or performance goal.

The FAA issues these special conditions for Gulfstream Aerospace Corporation Model G150 airplanes modified by Gulfstream Aerospace Corporation, Dallas, Texas. These modified airplanes will have novel or unusual design features when compared with the state of technology envisioned in the airworthiness standards for transport category airplanes. The modification consists of installing an electronic laser inertial reference system. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for protecting these systems from effects of high-intensity radiated fields (HIRF). These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

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.

As part of a comprehensive plan for reducing the serious risk of rollover crashes and the risk of death and serious injury in those crashes, this document proposes to establish a new Federal motor vehicle safety standard (FMVSS) No. 126 to require electronic stability control (ESC) systems on passenger cars, multipurpose vehicles, trucks and buses with a gross vehicle weight rating of 4,536 Kg (10,000 pounds) or less. ESC systems use automatic computer-controlled braking of individual wheels to assist the driver in maintaining control in critical driving situations in which the vehicle is beginning to lose directional stability at the rear wheels (spin out) or directional control at the front wheels (plow out). Based on our own crash data studies, NHTSA estimates that the installation of ESC will reduce single-vehicle crashes of passenger cars by 34 percent and single vehicle crashes of sport utility vehicles (SUVs) by 59 percent, with a much greater reduction of rollover crashes. Preventing single-vehicle loss-of-control crashes is the most effective way to reduce deaths resulting from rollover crashes. This is because most loss of control crashes culminate in the vehicle leaving the roadway, which dramatically increases the probability of a rollover. NHTSA estimates that ESC has the potential to prevent 71 percent of passenger car rollovers and 84 percent of SUV rollovers in single-vehicle crashes. NHTSA estimates that ESC would save 5,300 to 10,300 lives and prevent 168,000 to 252,000 injuries in all types of crashes annually if all light vehicles on the road were equipped with ESC systems. ESC systems would substantially reduce (by 4,200 to 5,400) of the more than 10,000 deaths each year on American roads resulting from rollover crashes. About 29 percent of model year (MY) 2006 light vehicles sold in the U.S. were equipped with ESC, and manufacturers intend to increase the number of ESC installations in light vehicles to 71 percent by MY 2011. This rule would require a 100 percent installation rate for ESC by MY 2012 (with exceptions for some vehicles manufactured in stages or by small volume manufacturers). Of the overall projected annual 5,300 to 10,300 highway deaths and 168,000 to 252,000 injuries prevented, we would attribute 1,536 to 2,211 prevented fatalities (including 1,161 to 1,445 involving rollover) to this proposed rulemaking, in addition to the prevention of 50,594 to 69,630 injuries.