2006 – Federal Register Recent Federal Regulation Documents

The MMS is proposing new regulations implementing the provisions of the Energy Policy Act of 2005 (EPAct) governing the payment of royalty on geothermal resources produced from Federal leases and the payment of direct use fees in lieu of royalties. The EPAct provisions amend the Geothermal Steam Act of 1970 (GSA). The new regulations would amend the current MMS geothermal royalty valuation regulations and simplify the royalty calculations for geothermal resources for leases issued under the EPAct and leases whose terms are modified under the EPAct. The new regulations would also amend various related provisions in the MMS rules.

This document contains corrections to the final regulation published in the Federal Register of Friday, June 16, 2006 (71 FR 34836). The regulations related to changes to the Department of State Acquisition Regulation (DOSAR).

The FAA is adopting a new airworthiness directive (AD) for Honeywell International Inc. TPE331 series turboprop engines with certain part numbers of Woodward fuel control unit (FCU) assemblies installed. This AD requires initial and repetitive dimensional inspections of the fuel control drive, for wear or damage. This AD results from reports of loss of the fuel control drive, leading to engine overspeed, overtorque, overtemperature, uncontained rotor failure, and asymmetric thrust in multi-engine airplanes. We are issuing this AD to prevent destructive overspeed that could result in uncontained rotor failure, and damage to the airplane.

EPA is taking direct final action to amend the current regulations governing the production and trade of certain ozone- depleting substances to address issues concerning the export of previously imported material, heels, the exemption allowance petition process for HCFC-141b for military and space vehicle applications, and the definition for ``importer.'' We are making these minor adjustments to our regulations in response to requests from the regulated community, to ensure equitable treatment of stakeholders, and to reduce burden where the integrity of the requirements can still be sufficiently maintained.

This rule identifies communities that are participating and suspended from the National Flood Insurance Program (NFIP). These communities have applied to the program and have agreed to enact certain floodplain management measures. The communities' participation in the program authorizes the sale of flood insurance to owners of properties located in the communities listed below.

These special conditions are issued for the Cessna Models 182Q and 182R airplanes with a Societe de Motorisation Aeronautiques (SMA) Model SR305-230 aircraft diesel engine (ADE). This airplane will have a novel or unusual design feature(s) associated with the installation of a diesel cycle engine utilizing turbine (jet) fuel. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for installation of this new technology engine. 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.

We are adopting a new airworthiness directive (AD) for certain Mitsubishi Heavy Industries, Ltd. (MHI) MU-2B series airplanes. This AD requires you to incorporate text from the service information into the Limitations Section of the FAA-approved Airplane Flight Manual (AFM). This AD results from a recent safety evaluation that used a data-driven approach to analyze the design, operation, and maintenance of the MU-2B series airplanes in order to determine their safety and define what steps, if any, are necessary for their safe operation. Part of that evaluation was the identification of unsafe conditions that exist or could develop on the affected type design airplanes. Field reports indicate an unsafe condition of improper rigging and/or adjustment of the propeller feathering linkage. Service centers found the unsafe condition during inspections. We are issuing this AD to detect and correct improper rigging of the propeller feathering linkage. The above issue, if uncorrected, could result in degraded performance and poor handling qualities with consequent loss of control of the airplane.

The FAA is superseding an existing airworthiness directive (AD), which applies to certain Airbus Model A300 series airplanes and all Model A300-600 and A310 series airplanes. That AD currently requires repetitive inspections of the pitch trim system to detect continuity defects in the autotrim function, and follow-on corrective actions if necessary. For certain airplanes, this new AD requires replacing the flight augmentation computers (FACs) with new improved FACs. This AD also revises the applicability of the existing AD. This AD results from the development of a final action intended to address the unsafe condition. We are issuing this AD to prevent a sudden change in pitch due to an out-of-trim condition combined with an autopilot disconnect, which could result in reduced controllability of the airplane.

The FAA is proposing to amend the aircraft turbine engine type certification standards to reflect recent analysis of the threat flocking birds present to turbine engine aircraft. These proposed changes would also harmonize FAA, Joint Aviation Authority (JAA), and European Aviation Safety Agency (EASA) bird ingestion standards for aircraft turbine engines type certificated by the United States and the JAA/EASA countries, and simplify airworthiness approvals for import and export. These proposed changes are necessary to establish uniform international standards that provide an adequate level of safety for aircraft turbine engines with respect to the current large flocking bird threat.

NMFS is prohibiting retention of squid in the Bering Sea and Aleutian Islands management area (BSAI). NMFS is requiring that catch of squid in this area be treated in the same manner as prohibited species and discarded at sea with a minimum of injury. This action is necessary because the 2006 total allowable catch (TAC) of squid in the BSAI has been reached.

On December 29, 2005, OSHA published a direct final rule in the Federal Register reinstating its original construction and agriculture standards that regulate the testing of roll-over protective structures (``ROPS'') used to protect employees who operate wheel-type tractors. OSHA received one comment to the direct final rule; this comment recommended a number of clarifications to the original ROPS standards published in the direct final rule. In the present notice, the Agency is making corrections and technical amendments to the ROPS standards in response to this comment, as a result of editorial errors found in the ROPS standards published in the direct final rule, and to improve consistency among the figures generated for these standards. The Agency finds that these corrections and technical amendments do not change the substantive requirements of the ROPS standards.

The Coast Guard is establishing a temporary safety zone on the waters of Tampa Bay, Florida in the vicinity of the John's Pass Bascule Bridge. This safety zone is being established to protect mariners from the hazards associated with the blasting demolition of the concrete portions of the John's Pass Bascule Bridge. This rule is necessary to provide for the safety of life on the navigable waters of the United States.

NMFS, upon application from the Monterey Bay National Marine Sanctuary (MBNMS or the Sanctuary), is issuing regulations to govern the unintentional takings of small numbers of marine mammals incidental to authorizing professional fireworks displays within the Sanctuary in California waters. Issuance of regulations is required by the Marine Mammal Protection Act (MMPA) when the Secretary of Commerce (Secretary), after notice and opportunity for comment, finds, as here, that such takes will have a negligible impact on the species and stocks of marine mammals and will not have an unmitigable adverse impact on their availability for subsistence uses. These regulations do not authorize MBNMS to permit fireworks displays. These regulations govern the issuance of ``Letters of Authorization'' (LOAs) for the unintentional incidental take of marine mammals in connection with this activity, and prescribe methods of taking and other means of effecting the least practicable adverse impact on marine mammal species and their habitat, and on the availability of the species for subsistence uses. In addition, NMFS, through this final rule, issues mitigation, reporting and monitoring requirements. In the proposed rule, NMFS referenced and proposed the continued implementation of a document entitled ``MBNMS Fireworks Guidelines'' (Guidelines), which was cooperatively developed by the Sanctuary, NMFS, and the U.S. Fish and Wildlife Service and served as a basis for the mitigation measures described in the proposed rule. These Guidelines also included three specific mitigation measures that NMFS has now included in the final rule.

We are amending the gypsy moth regulations by removing restrictions on the interstate movement of wood chips, which do not pose a risk of containing gypsy moth egg masses, and by adding restrictions on the movement and importation of bark and bark products, which pose a risk of containing gypsy moth egg masses. In addition, we are extending by 2 months the period during which regulated articles originating outside of any generally infested area must be safeguarded from infestation in order to be eligible for interstate movement directly through any generally infested area without a certificate or permit. These changes are necessary to update the provisions in the regulations to ensure consistent actions by the Animal and Plant Health Inspection Service, our cooperators, and industry in order to limit the artificial spread of gypsy moth.

The Federal Deposit Insurance Corporation (``FDIC'') proposes to amend its rule concerning penalties for failure to timely pay assessments in compliance with the Federal Deposit Insurance Reform Act of 2005 (``Reform Act''), which amended provisions of the Federal Deposit Insurance Act (``FDIA''). The revisions generally provide that an insured depository institution which fails or refuses to pay any assessment shall be subject to a penalty of not more than 1 percent of the assessment due for each day the violation continues. The statute provides for an exception if the failure to pay results from a dispute with the FDIC over the amount of the assessment and the institution deposits satisfactory security with the FDIC. A special statutory rule covering assessment amounts of less than $10,000 authorizes penalties up to $100 per day. The FDIC is accorded discretion to compromise, modify or remit any penalty imposed on a finding that good cause prevented timely payment. The FDIC proposes amending its rule concerning late assessment penalties in conformity with these provisions of the Reform Act. The proposed rule would incorporate these statutory provisions into the FDIC's regulations in place of the existing late assessment penalty rule at 12 CFR 308.132(c)(3)(v).

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to all Airbus Model A330, A340-200, and A340-300 series airplanes. The existing AD currently requires repetitive inspections of a certain bracket that attaches the flight deck instrument panel to the airplane structure; replacement of the bracket with a new, improved bracket; and related investigative and corrective actions if necessary. This proposed AD would add a requirement for replacement of the existing bracket with a titanium- reinforced bracket, which would end the repetitive inspections in the existing AD. This proposed AD would also require related investigative and corrective actions while accomplishing the replacement, and would reduce the applicability in the existing AD. This proposed AD results from a report of cracking damage found on certain brackets that were replaced per the requirements in the existing AD. We are proposing this AD to prevent a cracked bracket. Failure of this bracket, combined with failure of the horizontal beam, could result in collapse of the left part of the flight deck instrument panel, and consequent reduced controllability of the airplane.

The FAA proposes to adopt a new airworthiness directive (AD) for all BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ airplanes equipped with certain hydraulic accumulators. This proposed AD would require inspecting the hydraulic accumulators to identify certain serial numbers, and replacing any affected accumulator with a new or serviceable accumulator. Operators may delay doing the replacement by doing repetitive inspections of the affected hydraulic accumulators for signs of failure (leaking or cracking), and replacing any failed accumulator with a new or serviceable unit. This proposed AD results from a report that one hydraulic accumulator failed in service, which caused the loss of the yellow hydraulic system when the airplane was configured for landing. We are proposing this AD to prevent damage to the pressure skin, failure of certain hydraulic systems, contamination of the cabin with hydraulic mist, increased workload for the flightcrew associated with the loss of one or more hydraulic circuits, and consequent reduced controllability of the airplane.

MMS is implementing regulations which impose new fees to process certain plans, applications, and permits. The service fees will offset MMS's costs of processing these plans, applications, and permits.

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).

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 and modified 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 Coast Guard is establishing special local regulations during the ``Catholic Charities Dragon Boat Races'', a marine event to be held September 9, 2006 on the waters of the Patapsco River, Inner Harbor, Baltimore, MD. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to temporarily restrict vessel traffic in a portion of the Baltimore Inner Harbor during the event.

EPA is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of Montana on October 25, 2005. The revisions are to the Administrative Rules of Montana and update the citations and references to Federal documents and addresses where copies of documents can be obtained, and delete three definitions. 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.

We are adopting a new airworthiness directive (AD) that supersedes AD 2003-13-04, which applies to certain Pilatus Aircraft Ltd (Pilatus) Model PC-6 airplanes. AD 2003-13-04 currently requires you to inspect the integral fuel tank wing ribs for cracks and the top and bottom wing skins for distortion, repair any cracks or distortion before further flight, and do a fuel tank ventilating system installation. Since we issued AD 2003-13-04, the FAA determined the action should also apply to all the models of the PC-6 airplanes listed in the type certificate data sheet of Type Certificate (TC) No. 7A15 that were produced in the United States through a licensing agreement between Pilatus and Fairchild Republic Company (also identified as Fairchild Industries, Fairchild Heli Porter, or Fairchild-Hiller Corporation). In addition, the intent of the applicability of AD 2003- 13-04 was to apply to all the affected serial numbers of the airplane models listed in TC No. 7A15. This AD retains all the actions of AD 2003-13-04, adds those Fairchild Republic Company airplanes to the applicability of this AD, and lists the individual specific airplane models. We are issuing this AD to detect and correct cracks in the ribs of the inboard integral fuel tanks in the left and right wings, which could lead to wing failure during flight with consequent loss of control of the airplane.

This document denies a Petition for Reconsideration filed by Calvary of New Orleans directed at the staff letter action dismissing the Petition for Rulemaking requesting the reservation of vacant FM Channel 295C3 at Franklin, Louisiana for noncommercial educational use. With this action, the proceeding is terminated.

This document dismisses: (1) A petition for rule making filed by Cumulus Licensing, LLC (``Cumulus'') to substitute Channel 245C2 for Channel 244A at Humboldt, Nebraska, reallot Channel 245C2 to Valley Falls, Kansas, and allot Channel 256A at Pawnee City, Nebraska; (2) a counterproposal filed by Cumulus to substitute Channel 245C2 for Channel 244A at Humboldt, reallot Channel 245C2 to Effingham, Kansas, allot Channel 272A at Humboldt, and allot Channel 256A at Pawnee City; (3) a counterproposal filed by Viking Enterprises to allot Channel 245C2 at Holton, Kansas which requires the substitution of Channel 272A for Channel 244A at Humboldt. Cumulus's initial petition for a change of community was technically defective because the proposed allotment was not mutually exclusive with the existing allotment as required by the Commission's rules. Since the Notice of Proposed Rule Making was defective and erroneously issued, the counterproposals must be dismissed.