2006 – Federal Register Recent Federal Regulation Documents

Results 251 - 300 of 6,163
Disaster Relief to Small Business Concerns Damaged by Drought
Document Number: E6-21365
Type: Rule
Date: 2006-12-15
Agency: Small Business Administration, Agencies and Commissions
The U.S. Small Business Administration (SBA) makes economic injury disaster loans to small businesses that have been adversely affected by specific disaster events. Recent legislation authorizes SBA to make economic injury disaster loans when the disaster is (1) a drought or (2) below average water levels in the Great Lakes or on any body of water in the United States that supports commerce by small business concerns. The legislation also specifically authorizes SBA to provide economic injury disaster loan assistance to farm-related and nonfarm-related small businesses adversely affected by disasters. SBA is issuing an interim final rule because of the emergency nature of the recent legislation.
Airworthiness Directives; Airbus Model A320 Series Airplanes
Document Number: E6-21354
Type: Proposed Rule
Date: 2006-12-15
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus Model A320 series airplanes. This proposed AD would require replacing the carbon fiber reinforced plastic (CFRP) actuator fittings of the rudder with aluminum actuator fittings and doing related investigative and corrective actions. This proposed AD results from rupture of a CFRP actuator fitting during maintenance. We are proposing this AD to prevent rupture of a rudder actuator fitting, which could result in reduced controllability of the airplane.
Revised MARPOL Annex II and IBC Code Implementation: Publication of Guidelines
Document Number: E6-21335
Type: Rule
Date: 2006-12-15
Agency: Coast Guard, Department of Homeland Security
The Coast Guard announces the availability of Navigation and Vessel Inspection Circular (NVIC) No. 03-06, titled ``Guidance on Implementation of Revisions to MARPOL Annex II and the IBC Code.'' This NVIC provides guidelines on how the revisions to Annex II of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL), and the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code) will be implemented in the U.S. These revisions come into force internationally on January 1, 2007.
Minimum Levels of Financial Responsibility for Motor Carriers; Petitions for Rulemaking
Document Number: E6-21314
Type: Proposed Rule
Date: 2006-12-15
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Administration (FMCSA) announces it is considering whether to amend its financial responsibility requirements for motor carriers in response to two petitions for rulemaking. The Government of Canada (Canada) petitioned FMCSA to amend these requirements to permit, as acceptable evidence of financial responsibility, a policy of insurance issued by a Canadian insurance company legally authorized to issue such policies in the Province or Territory of Canada where the motor carrier has its principal place of business. Canada believes the FMCSA's current regulations place Canada-domiciled motor carriers operating in the United States at a competitive disadvantage with U.S.-domiciled carriers. The Property Casualty Insurers Association of America (PCI) petitioned FMCSA to make revisions to the MCS-90 and MCS-90B endorsements to clarify that language in the endorsements imposing liability for negligence occurring ``on any route or in any territory authorized to be served by the insured or elsewhere'' does not include liability connected with transportation within Mexico. FMCSA seeks input from the public in the form of data or other information in response to several questions posed in the ANPRM to assist the Agency in evaluating these proposals.
Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska; Proposed 2007 and 2008 Harvest Specifications for Groundfish
Document Number: E6-21303
Type: Proposed Rule
Date: 2006-12-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes 2007 and 2008 harvest specifications, reserves and apportionments, and Pacific halibut prohibited species catch (PSC) limits for the groundfish fishery of the Gulf of Alaska (GOA). This action is necessary to establish harvest limits for groundfish during the 2007 and 2008 fishing years and to accomplish the goals and objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP). The intended effect of this action is to conserve and manage the groundfish resources in the GOA in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act).
Airworthiness Directives; Bombardier Model CL-600-1A11 (CL-600), CL-600-2A12 (CL-601), and CL-600-2B16 (CL-601-3A and CL-601-3R) Airplanes
Document Number: E6-21268
Type: Rule
Date: 2006-12-15
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for all Bombardier Model CL-600-1A11 (CL-600), CL-600-2A12 (CL-601), and CL- 600-2B16 (CL-601-3A and CL-601-3R) airplanes. This AD requires implementing a corrosion prevention and control program (CPCP) either by accomplishing specific tasks or by revising the maintenance inspection program to include a CPCP. This AD results from the determination that, as airplanes age, they are more likely to exhibit indications of corrosion. We are issuing this AD to prevent structural failure of the airplane due to corrosion.
Airworthiness Directives; Bombardier Model DHC-8-400 Series Airplanes
Document Number: E6-21267
Type: Rule
Date: 2006-12-15
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain Bombardier Model DHC-8-400 series airplanes. This AD requires repetitive cleaning/inspecting of the drain hole of each pitot static probe and repetitive cleaning of the pitot lines in the pitot static system. This AD results from reports of incidents of airspeed mismatch between the pilot, co-pilot, and standby airspeed indications caused by contamination in the pitot static system. We are issuing this AD to prevent erroneous/misleading altitude and airspeed information from a contaminated pitot static system to the flightcrew, which could reduce the ability of the flightcrew to maintain the safe flight and landing of the airplane.
Human Space Flight Requirements for Crew and Space Flight Participants
Document Number: E6-21193
Type: Rule
Date: 2006-12-15
Agency: Federal Aviation Administration, Department of Transportation
The FAA is establishing requirements for human space flight as required by the Commercial Space Launch Amendments Act of 2004, including rules on crew qualifications and training, and informed consent for crew and space flight participants. The requirements should provide an acceptable level of safety to the general public and ensure individuals on board are aware of the risks associated with a launch or reentry. The rule also applies existing financial responsibility and waiver of liability requirements to human space flight and experimental permits. Experimental permits are the subject of a separate rulemaking.
Airworthiness Directives; Sicma Aero Seat; Third Occupant Seat Assemblies, 133 Series
Document Number: E6-21186
Type: Rule
Date: 2006-12-15
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for Sicma Aero Seat third occupant seat assemblies, 133 series. This AD requires visually inspecting the installation of the two headrest bushings and installing Mecanindus pins to secure the bushings. This AD results from Sicma's determination that missing or incorrectly secured bushings could loosen and cause disengagement of the headrest from the seat during a high-energy stop of the airplane, possibly injuring the seat occupant. We are issuing this AD to prevent disengagement of the headrest from the seat during a high-energy stop of the airplane that could injure the seat occupant.
Protection of Stratospheric Ozone: The 2007 Critical Use Exemption From the Phaseout of Methyl Bromide
Document Number: E6-21399
Type: Rule
Date: 2006-12-14
Agency: Environmental Protection Agency
EPA is finalizing an exemption to the phaseout of methyl bromide to meet the needs of 2007 critical uses. Specifically, EPA is authorizing uses that will qualify for the 2007 critical use exemption and the amount of methyl bromide that may be produced, imported, or supplied from inventory for those uses in 2007. EPA is taking action under the authority of the Clean Air Act to reflect recent consensus Decisions taken by the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer (Protocol) at the 17th Meeting of the Parties (MOP).
General Provisions; Revised List of Migratory Birds
Document Number: E6-21313
Type: Proposed Rule
Date: 2006-12-14
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service, are reopening the comment period for our proposed rule to revise the list of migratory birds protected by the Migratory Bird Treaty Act (MBTA) to allow interested persons additional time to prepare and submit comments.
Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991; Junk Fax Prevention Act of 2005
Document Number: E6-21308
Type: Rule
Date: 2006-12-14
Agency: Federal Communications Commission, Agencies and Commissions
This document contains revisions to the final regulations of the Telephone Consumer Protection Act of 1991 (TCPA). The regulations relate to unwanted telephone solicitations pursuant to the TCPA.
National Air Emission Standards for Hazardous Air Pollutants, Halogenated Solvent Cleaning: Notice of Data Availability
Document Number: E6-21296
Type: Proposed Rule
Date: 2006-12-14
Agency: Environmental Protection Agency
EPA is issuing this Notice of Data Availability (NODA) in support of the proposed rule issued August 17, 2006, entitled ``National Emission Standards for Hazardous Air PollutantsHalogenated Solvent Cleaning''. EPA received a number of comments on the proposed rule and is in the process of evaluating those comments. This NODA addresses certain new data and information that EPA received concerning the unique nature and size of the degreasing machines used by the following facilities: narrow tubing manufacturing facilities, facilities that manufacture specialized products requiring continuous web cleaning, aerospace manufacturing and maintenance facilities, large military vehicle maintenance operations, and facilities that use multiple degreasing machines. Specifically, the new data and information that form the basis of this NODA relates to the following three issues; the ability of the above-noted facilities meeting the proposed facility-wide emission limits; the cost impacts associated with the above-noted facilities implementing the proposed facility-wide emission limits; and, the time frame needed for the above-noted facilities to comply with the proposed facility-wide emission limits. Although we recognize that the public has access to comments submitted during the comment period, we are nonetheless issuing this NODA because the new data and information at issue in this NODA are directly relevant to the alternative proposed standards described in the proposed rule. We are seeking comment only on the three issues identified above that relate to the unique nature and size of the degreasing machines used by the facilities specified above. We do not intend to respond to comments addressing any other aspect of the proposed rule.
Notice of Finding That Certain States Did Not Submit Clean Air Mercury Rule (CAMR) State Plans for New and Existing Electric Utility Steam Generating Units and Status of Submission of Such Plans
Document Number: E6-21283
Type: Rule
Date: 2006-12-14
Agency: Environmental Protection Agency
In this action, EPA is making a finding on the status of submission of State Plans in response to the Clean Air Mercury Rule (CAMR). CAMR requires States to develop plans for implementing a phased cap on mercury emissions from new and existing large, coal-fired electric generating units leading to nationwide reductions in mercury emissions from such units and establishes November 17, 2006 as the deadline for submitting those plans. At present, some States have submitted plans, others are still in the process of developing plans, and some are choosing not to submit plans but instead to allow a Federal Plan addressing such emissions to go into effect in that State. In this action, EPA is making specific findings that certain States did not submit CAMR State Plans by the November 17, 2006 deadline and is otherwise providing notice of the status of State Plan submissions. In conjunction with this rule, EPA is also providing letters to each State regarding this action.
Mortality Assumptions
Document Number: E6-21280
Type: Rule
Date: 2006-12-14
Agency: Pension Benefit Guaranty Corporation, Agencies and Commissions
This document makes changes to the mortality assumptions under parts 4050 (Missing Participants) and 4281 (Duties of Plan Sponsor Following Mass Withdrawal) of PBGC's regulations. In a final rule published in the Federal Register on December 2, 2005, PBGC amended part 4044 (Allocation of Assets in Single-employer Plans) of its regulations to update mortality tables used for certain valuations for single-employer plans. Because of the dependence of certain valuations under part 4050 on part 4044, amendments updating the mortality assumptions under part 4050 are needed. This rule also makes a minor conforming amendment to the mortality assumptions in part 4281.
Mortality Assumptions
Document Number: E6-21279
Type: Proposed Rule
Date: 2006-12-14
Agency: Pension Benefit Guaranty Corporation, Agencies and Commissions
This proposed rule is a companion to PBGC's direct final rule (published today in the ``Rules and Regulations'' section of the Federal Register) making changes to the mortality assumptions under parts 4050 (Missing Participants) and 4281 (Duties of Plan Sponsor Following Mass Withdrawal) of its regulations. PBGC is making these changes as a direct final rule without prior proposal because we view them as non-controversial revisions and anticipate no significant adverse comment. We have explained our reasons in the preamble to the direct final rule. If we receive no significant adverse comment, no further action on this proposed rule will be taken. However, if we receive significant adverse comment, we will withdraw the direct final rule and it will not take effect. In that case, we will address all public comments in a subsequent final rule based on this proposed rule. We will not institute a second comment period on this rule. Any parties interested in commenting must do so at this time.
Airworthiness Directives; Airbus Model A300 B4-600, B4-600R, and F4-600R Series Airplanes and Model C4-605R Variant F Airplanes (Collectively Called A300-600 Series Airplanes)
Document Number: E6-21262
Type: Proposed Rule
Date: 2006-12-14
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus Model A300-600 series airplanes. This proposed AD would require revising the Airworthiness Limitations Section of the Instructions for Continued Airworthiness to incorporate new limitations for fuel tank systems. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors caused by latent failures, alterations, repairs, or maintenance actions, could result in fuel tank explosions and consequent loss of the airplane.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To Remove the Uinta Basin Hookless Cactus From the List of Endangered and Threatened Plants; 90-Day Finding on a Petition To List the Pariette Cactus as Threatened or Endangered
Document Number: E6-21259
Type: Proposed Rule
Date: 2006-12-14
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce two 90-day findings made under the Endangered Species Act of 1973, as amended (Act). One finding concerns a petition to remove Uinta Basin hookless cactus (Sclerocactus glaucus) from the List of Endangered and Threatened Plants, and the other a petition to list Pariette cactus (Sclerocactus brevispinus) as a threatened or endangered plant. Until recently, these species were considered one taxonomic entity, so the petitions are being considered concurrently in this notice. We find the petition to remove Sclerocactus glaucus from the List of Endangered and Threatened Plants does not present substantial information indicating that the petitioned action may be warranted, and we are not initiating a further status review in response to this petition. However, in order to determine the appropriate status of S. glaucus given recent taxonomic revisions to this species, we are initiating a 5-year review under section 4(c)(2)(A) of the Act. Through this action, we encourage all interested parties to provide us information regarding the status of, and any potential threats to, this species as it was originally listed (i.e., information pertaining to S. glaucus, S. brevispinus, and S. wetlandicus). We find the petition to list Sclerocactus brevispinus presents substantial information indicating that the petitioned action may be warranted, and we are initiating a further status review in response to this petition. Through this action, we encourage all interested parties to provide us information regarding the status of, and any potential threats to, this species.
Mid-Atlantic Fishery Management Council; Public Hearings
Document Number: E6-21235
Type: Proposed Rule
Date: 2006-12-14
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Mid-Atlantic Fishery Management Council is developing Amendment 14 to the Summer Flounder, Scup, and Black Sea Bass FMP to implement a rebuilding plan to rebuild the scup stock to the stock level associated with maximum sustainable yield (BMSY) and make the scup Gear Restricted Areas (GRAs) currently addressed and modified through the annual specification setting process modifiable though frameworks to the FMP.
Traffic Control Devices on Federal-Aid and Other Streets and Highways; Standards
Document Number: E6-21228
Type: Rule
Date: 2006-12-14
Agency: Federal Highway Administration, Department of Transportation
The FHWA is revising its regulation that prescribes procedures for obtaining basic uniformity of traffic control devices on Federal- aid and other streets and highways. This final rule makes some nomenclature changes, removes outdated references, and provides clarification on the meaning of roads ``open to public travel'' and ``substantial conformance.''
Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Model Duo Discus T Gliders
Document Number: E6-21212
Type: Rule
Date: 2006-12-14
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as the possible failure of the attachment of the propeller blades. This AD requires actions that are intended to address the unsafe condition described in the MCAI.
Establishment of Alaskan High Altitude Reporting Points; AK
Document Number: E6-21190
Type: Rule
Date: 2006-12-14
Agency: Federal Aviation Administration, Department of Transportation
This action establishes four high altitude reporting points AYZOL, BORAN, EMSOW, and TIBOY in Alaska. The designation of these high altitude reporting points is needed to facilitate the separation of air traffic in Alaska.
Airworthiness Directives; Rolls-Royce Corporation AE 2100D3 Turboprop Engines
Document Number: E6-21185
Type: Rule
Date: 2006-12-14
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for Rolls-Royce Corporation (RRC) AE 2100D3 turboprop engines. This AD requires removing certain part number (P/N) compressor cone shaft assemblies at a new reduced cyclic life limit of 5,000 engine cycles. This AD results from low-cycle-fatigue testing and analysis of certain P/N compressor cone shaft assemblies, by RRC. We are issuing this AD to prevent uncontained failure of the compressor cone shaft assembly, leading to engine shutdown and damage to the airplane.
Establishment of Class D Airspace; Castle Airport, Atwater, CA
Document Number: 06-9694
Type: Rule
Date: 2006-12-14
Agency: Federal Aviation Administration, Department of Transportation
This action establishes Class D airspace at Castle Airport, Atwater, CA. A contract Airport Traffic Control Tower (ATCT) is being established at Castle Airport, Atwater, CA, which will meet criteria for Class D airspace. Class D airspace is required when the ATCT is open, and to contain and protect Standard Instrument Approach Procedures (SIAPs) and other Instrument Flight Rules (IFR) operations at the airport. This action would establish Class D airspace extending upward from the surface to 2,500 feet Mean Sea Level (MSL) within a 4.5 nautical mile radius of the airport.
Charging for Investigational Drugs
Document Number: 06-9685
Type: Proposed Rule
Date: 2006-12-14
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is proposing to amend its investigational new drug application (IND) regulation concerning charging patients for investigational new drugs. FDA is proposing to revise the current charging regulation to clarify the circumstances in which charging for an investigational drug in a clinical trial is appropriate, to set forth criteria for charging for an investigational drug for the different types of expanded access for treatment use described in the agency's proposed rule on expanded access for treatment use of investigational drugs published elsewhere in this issue of the Federal Register, and to clarify what costs can be recovered for an investigational drug. The proposed rule is intended to permit charging for a broader range of investigational and expanded access uses than is explicitly permitted in current regulations.
Expanded Access to Investigational Drugs for Treatment Use
Document Number: 06-9684
Type: Proposed Rule
Date: 2006-12-14
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is proposing to amend its regulations on access to investigational new drugs for the treatment of patients. The proposed rule would clarify existing regulations and add new types of expanded access for treatment use. Under the proposal, expanded access to investigational drugs for treatment use would be available to individual patients, including in emergencies; intermediate-size patient populations; and larger populations under a treatment protocol or treatment investigational new drug application (IND). The proposed rule is intended to improve access to investigational drugs for patients with serious or immediately life- threatening diseases or conditions, who lack other therapeutic options and who may benefit from such therapies.
Federal Acquisition Regulation; FAR Case 2005-016, Performance-based Payments
Document Number: 06-9678
Type: Proposed Rule
Date: 2006-12-14
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to implement recommendations to change the regulations related to performance-based payments (PBP).
Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; 2007 Summer Flounder, Scup, and Black Sea Bass Specifications
Document Number: 06-9677
Type: Rule
Date: 2006-12-14
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues final specifications for the 2007 summer flounder, scup, and black sea bass fisheries. This final rule specifies allowed harvest limits for both commercial and recreational fisheries, including commercial scup possession limits. This action prohibits federally permitted commercial vessels from landing summer flounder in Delaware in 2007 due to continued quota repayment from previous year's overages. The actions of this final rule are necessary to comply with regulations of implementing the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) as well as to ensure compliance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act). The intent of this action is to establish harvest levels and other management measures to ensure that target fishing mortality rates (F) or exploitation rates, as specified for these species in the FMP, are not exceeded. In addition, this action implements measures that ensure continued rebuilding of the overfished scup stock and end overfishing in the summer flounder fishery.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Gulf Red Snapper Management Measures
Document Number: 06-9676
Type: Proposed Rule
Date: 2006-12-14
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This proposed rule would implement interim measures to reduce overfishing of Gulf red snapper. This proposed rule would reduce the commercial and recreational quotas for red snapper, reduce the commercial minimum size limit for red snapper, reduce the recreational bag limit for Gulf red snapper, prohibit the retention of red snapper under the bag limit for captain and crew of a vessel operating as a charter vessel or headboat, and establish a target level of reduction of shrimp trawl bycatch mortality of red snapper. The public comment period on the proposed rule will end on January 26, 2007, to provide the Gulf of Mexico Fishery Management Council and the public the opportunity to discuss and comment on the rule at the January Council meeting. The intended effect is to reduce overfishing of red snapper in the Gulf of Mexico.
Atlantic Highly Migratory Species; Atlantic Commercial Shark Management Measures
Document Number: 06-9667
Type: Rule
Date: 2006-12-14
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This combined final and temporary rule for emergency action establishes the 2007 first trimester season quotas for large coastal sharks (LCS), small coastal sharks (SCS), and pelagic sharks and publishes the opening and closing dates for the LCS fishery based on adjustments to the trimester quotas. The final rule also opens the existing mid-Atlantic shark closed area in July 2007, pending available quota. This combined rule is needed to address over- and underharvests that occurred in the Atlantic shark fishery in the first trimester of 2006.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Monterey Spineflower (Chorizanthe pungens var. pungens)
Document Number: 06-9656
Type: Proposed Rule
Date: 2006-12-14
Agency: Fish and Wildlife Service, Department of the Interior
In response to a settlement agreement, we, the U.S. Fish and Wildlife Service (Service), propose to revise currently designated critical habitat for the Monterey spineflower (Chorizanthe pungens var. pungens) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 11,032 acres (ac) (4,466 hectares (ha)) fall within the boundaries of the proposed revision to the critical habitat designation. The proposed revision to critical habitat is located in Santa Cruz and Monterey Counties, California.
Anthropomorphic Test Devices; SID-IIs Side Impact Crash Test Dummy 5th Percentile Adult Female
Document Number: 06-9555
Type: Rule
Date: 2006-12-14
Agency: National Highway Traffic Safety Administration, Department of Transportation
This final rule amends the agency's regulation on anthropomorphic test devices to add specifications and qualification requirements for the 5th percentile adult female crash test dummy, called the SID-IIs Build Level D (``SID-IIs'') test dummy. The SID-IIs dummy is instrumented in the head, thorax, abdomen and pelvis, which enables it to assess in a comprehensive manner the performance of vehicles in protecting small-stature occupants in side impacts. NHTSA plans to use the SID-IIs dummy in an upgraded Federal motor vehicle safety standard on side impact protection.
Anthropomorphic Test Devices; ES-2re Side Impact Crash Test Dummy 50th Percentile Adult Male
Document Number: 06-9554
Type: Rule
Date: 2006-12-14
Agency: National Highway Traffic Safety Administration, Department of Transportation, Docket No. Nhtsa-2004-25441
This final rule amends the agency's regulation on anthropomorphic test devices to add specifications and qualification requirements for a new mid-size adult male crash test dummy, called the ``ES-2re'' test dummy. The ES-2re dummy has enhanced injury assessment capabilities compared to devices existing today, which allows for a fuller assessment of the types and magnitudes of the injuries occurring in side impacts and of the efficacy of countermeasures in improving occupant protection. The agency plans to use the ES-2re dummy in an upgraded Federal Motor Vehicle Safety Standard on side impact protection.
Risk-Based Capital Regulation Amendment
Document Number: 06-9446
Type: Rule
Date: 2006-12-14
Agency: Federal Housing Enterprise Oversight Office, Department of Housing and Urban Development
The Office of Federal Housing Enterprise Oversight (OFHEO) is amending Appendix A to Subpart B of 12 CFR part 1750 Risk-Based Capital, (Risk-Based Capital Regulation). The amendments are intended to enhance the accuracy and transparency of the calculation of the risk-based capital requirement for Fannie Mae and Freddie Mac (the Enterprises) and to update the Risk-Based Capital Regulation to incorporate approved new activities treatments.
Card Format Passport; Changes to Passport Fee Schedule
Document Number: E6-21219
Type: Proposed Rule
Date: 2006-12-13
Agency: Department of State
This document extends the comment period and provides an additional venue through which to make comments for the proposed regulation published in the Federal Register of Tuesday, October 17, 2006. The regulation relates to changes to the Department's Passport Fee Schedule, and defines the passport card.
Federal Motor Vehicle Safety Standards; Brake Hoses
Document Number: E6-21207
Type: Rule
Date: 2006-12-13
Agency: National Highway Traffic Safety Administration, Department of Transportation
NHTSA published a final rule in December 2004 that amended the Federal motor vehicle safety standard on brake hoses, and announced an effective date of December 20, 2006. The agency has received several petitions for reconsideration of the rule and a petition to delay the effective date of the final rule. To allow for more time to respond to petitions for reconsideration, and to give industry more time to meet new requirements, this document delays the effective date of the final rule for one year, to December 20, 2007. This decision was made after NHTSA published a notice of proposed rulemaking on November 15, 2006, soliciting public comment on whether the effective date should be extended. All commenters wrote in support of extending the effective date.
Clean Air Interstate Rule (CAIR) and Federal Implementation Plans for CAIR; Corrections
Document Number: E6-21199
Type: Rule
Date: 2006-12-13
Agency: Environmental Protection Agency
In this rule, EPA is making minor corrections to the Clean Air Interstate Rule (CAIR) and the Federal Implementation Plans (FIPs) for the CAIR to clarify text that may potentially be misleading. This corrections rule does not change any of CAIR or CAIR FIPs rule requirements or substantively change the rules in any way.
Clean Air Act Section 325 Exemption for Virgin Islands Water and Power Authority
Document Number: E6-21198
Type: Proposed Rule
Date: 2006-12-13
Agency: Environmental Protection Agency
The Environmental Protection Agency is proposing to grant, with conditions, a Petition, from the Governor of the Virgin Islands, submitted under section 325 of the Clean Air Act (CAA). The Petition requests that EPA exempt the Virgin Islands Water and Power Authority (VIWAPA) from its obligation to comply with the continuous emission monitoring system (CEMS) conditions contained in Prevention of Significant Deterioration (PSD) permits issued pursuant to section 165 of the CAA to VIWAPA for nine PSD permitted units located on St. Thomas and St. Croix at two of its facilities. This approval will exempt VIWAPA from its obligation to comply for a period of five (5) years with the PSD permit CEMS conditions at seven of its eight PSD permitted combustion turbines and at its two PSD permitted Heat Recovery Steam Generator (HRSG) units. These PSD permit CEMS conditions address monitoring of Nitrogen Oxides (NOX), Carbon Monoxide (CO) and opacity emissions. Additionally, VIWAPA sought to extend the Petitioner's request to include waiver of PSD permit CEMS conditions for a new unit, Unit 23. While this approval will not exempt VIWAPA from the CEMS obligations for Unit 23, it does provide VIWAPA additional time to comply with the CEMS permit conditions. This approval may be revoked or modified if significant changes in circumstances occur at either one or both of the two VIWAPA facilities. Failure to comply with the conditions included in this approval at Section VII (Conditions of Approval), hereinafter called ``Conditions,'' could result in the approval of the exemption being revoked by the Administrator as well as civil and/or criminal enforcement action under the Clean Air Act.
Special Conditions: Airbus Model A380-800 Airplane; Fire Protection
Document Number: E6-21191
Type: Rule
Date: 2006-12-13
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for the Airbus A380-800 airplane, which has novel and unusual design features, such as a full- length, double deck passenger cabin and electrical equipment bays distributed throughout the airplane. For these design features, the applicable airworthiness regulations do not contain adequate or appropriate safety standards regarding fire protection. 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. Additional special conditions will be issued for other novel or unusual design features of the Airbus Model A380-800 airplane.
Special Conditions: Airbus Model A380-800 Airplane, Lithium Ion Battery Installation
Document Number: E6-21188
Type: Rule
Date: 2006-12-13
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for the Airbus A380-800 airplane. This airplane will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. The Airbus A380-800 will incorporate the use of high capacity lithium ion battery technology in on-board systems. For this design feature, the applicable airworthiness regulations do not contain adequate or appropriate safety standards regarding lithium ion batteries. 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.
Airworthiness Directives; MT-Propeller Entwicklung GmbH Propellers
Document Number: E6-21184
Type: Proposed Rule
Date: 2006-12-13
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to supersede an existing airworthiness directive (AD) for certain MT-Propeller Entwicklung GmbH variable pitch and fixed pitch propellers manufactured before 1995 which had not been overhauled since April 1994. That AD currently requires overhauling the propeller blades and performing initial and repetitive visual inspections of affected propeller blades. That AD also requires removing all propeller blades from service with damaged erosion sheath bonding or loose erosion sheaths and installing any missing or damaged polyurethane protective strips. This proposed AD would require the same actions. This proposed AD results from the need to clarify the population of affected propellers previously listed in AD 2006-05-05. We are proposing this AD to prevent erosion sheath separation leading to damage of the airplane.
Brucellosis in Cattle; Research Facilities
Document Number: E6-21172
Type: Proposed Rule
Date: 2006-12-13
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend the brucellosis regulations in order to facilitate research to be conducted on brucellosis-exposed or infected animals. Under the current regulations, such research could adversely affect a State's brucellosis classification. For example, the criteria for achieving and maintaining Class Free status provide that all cattle herds in the State or area must be released from quarantine and remain free of brucellosis for 12 consecutive months. Because the current definition of herd includes animals held in a research facility, a State could lose its Class Free status by allowing such research. By providing an exception for brucellosis-exposed or infected animals held within federally approved research facilities, this proposed rule would enable the initiation of necessary brucellosis research in Class Free States.
Amendments to Regulation SHO and Rule 10a-1
Document Number: E6-21156
Type: Proposed Rule
Date: 2006-12-13
Agency: Securities and Exchange Commission, Agencies and Commissions
The Securities and Exchange Commission (``Commission'' or ``SEC'') is proposing to amend the short sale price test under the Securities Exchange Act of 1934 (``Exchange Act''). The proposed amendments are intended to provide a more consistent regulatory environment for short selling by removing restrictions on the execution prices of short sales (``price tests'' or ``price test restrictions''), as well as prohibiting any self-regulatory organization (``SRO'') from having a price test. In addition, the Commission is proposing to amend Regulation SHO to remove the requirement that a broker-dealer mark a sell order of an equity security as ``short exempt,'' if the seller is relying on an exception from a price test.
Public Meeting on Consideration of Rulemaking To Reduce the Likelihood of Funding Shortfalls for Decommissioning Under the License Termination Rule
Document Number: E6-21154
Type: Proposed Rule
Date: 2006-12-13
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) is working on a proposed rule to reduce the likelihood that a licensee will have insufficient funds to decommission its facility in accordance with 10 CFR part 20, Subpart E, Radiological Criteria for License Termination. In the past, these funding shortfalls resulted in ``legacy sites,'' which are sites that are in decommissioning but whose operators do not have enough funds to complete the work and terminate the license in accordance with NRC regulations. All of the legacy sites have been materials facilities, primarily those that processed uranium and thorium, with undetected subsurface contamination from operations arising as a significant problem during decommissioning. A risk- informed approach addressing subsurface contamination at operating facilities would affect materials licensees and operators of nuclear power reactors. The purpose of the meeting is to give stakeholders an opportunity to discuss their views and interact with other interested parties on the regulatory issues summarized in the Supplementary Information section of this document. To aid in the rulemaking process, NRC is holding a public meeting with a ``roundtable'' format (defined further in the body of this notice) to solicit input. The meeting is open to the public. The NRC is asking those planning to attend the meeting to pre-register by contacting Jayne McCausland as noted under the For Further Information section of this document. Individuals unable to attend the meeting will be able to listen by teleconference.
Andrew J. Spano and Joseph C. Scarpelli; Denials of Petition for Rulemaking
Document Number: E6-21151
Type: Proposed Rule
Date: 2006-12-13
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) is denying two nearly identical petitions for rulemaking submitted by Andrew J. Spano, County Executive, Westchester County, New York (PRM-54-02), and Mayor Joseph Scarpelli of Brick Township, New Jersey (PRM-54-03). The petitioners requested that the NRC amend its regulations to provide that the agency renew a license only if the plant operator demonstrates that the plant meets all criteria and requirements that would apply if it were proposing the plant de novo for initial construction. The petitioners assert that amendments are necessary because they believe the process and criteria established in the Commission's license renewal regulations are seriously flawed and should consider critical plant- specific factors as demographics, siting, emergency evacuation, and site security. The NRC is denying the petitions because the petitioners raise issues that the Commission has already considered at length in developing the license renewal rule. These issues are managed by the on-going regulatory process or under other regulations; or are issues beyond the Commission's regulatory authority. The petitioners did not present new information that would contradict positions taken by the Commission when the license renewal rule was established or demonstrate that sufficient reason exists to modify the current regulations.
Large-Bank Deposit Insurance Determination Modernization Proposal
Document Number: E6-21143
Type: Proposed Rule
Date: 2006-12-13
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions
The FDIC is seeking comment on whether and how the largest insured depository institutions should be required to modify their deposit account systems to speed depositor access to funds in the event of a failure. Today, insured institutions do not track the insured status of their depositors yet the FDIC must make deposit insurance coverage determinations in the event of failure. The current process might result in unacceptable delays if used for an FDIC-insured institution with a large volume of deposit accounts. Such delays would have an impact on depositors' ability to access their funds and are likely to result in a resolution (of the failed institution) significantly more costly to the Deposit Insurance Fund. As currently contemplated, the options discussed in the ANPR would apply only to the 152 insured depository institutions with more than 250,000 deposit accounts and more than $2 billion in domestic deposits, as well as seven additional institutions with total assets over $20 billion, less than 250,000 deposit accounts and at least $2 billion in domestic deposits. In December 2005 the FDIC issued a prior advance notice of proposed rulemaking on this subject (``2005 ANPR'').\1\ This ANPR is a follow-up to that issuance. The FDIC is seeking comment on all aspects of the ANPR.
Short Selling in Connection With a Public Offering
Document Number: E6-21141
Type: Proposed Rule
Date: 2006-12-13
Agency: Securities and Exchange Commission, Agencies and Commissions
The Securities and Exchange Commission (``Commission'') is proposing amendments to Regulation M concerning the anti-manipulation rules for securities offerings that would further safeguard the integrity of the capital raising process and protect issuers from manipulative activity that can reduce issuers' offering proceeds and dilute security holder value. The proposal would prevent a person from effecting a short sale during a limited time period, shortly before pricing, and then purchasing, including entering into a contract of sale for, such security in the offering.
Supplements and Other Changes to Approved New Animal Drug Applications
Document Number: E6-21133
Type: Rule
Date: 2006-12-13
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending its regulations on supplements and other changes to approved new animal drug applications (NADAs) or abbreviated new animal drug applications (ANADAs) to implement the manufacturing changes provision of the Food and Drug Administration Modernization Act of 1997 (the Modernization Act). The final rule requires manufacturers to assess the effect of a manufacturing change on the identity, strength, quality, purity, and potency of a drug as those factors relate to the safety or effectiveness of the drug. The final rule sets forth requirements for changes requiring submission and approval of a supplement before the distribution of the drug made using the change, changes requiring the submission of a supplement at least 30 days prior to the distribution of the drug, changes requiring the submission of a supplement at the time of distribution of the drug, and changes to be described in an annual report.
Standards for Permanent, Privately Owned Horse Quarantine Facilities
Document Number: E6-21032
Type: Proposed Rule
Date: 2006-12-13
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend the regulations pertaining to the importation of horses to establish standards for the approval of permanent, privately owned quarantine facilities for horses. We are taking this action because demand for quarantine services for horses exceeds the space available at existing facilities. This proposed rule replaces a previously published proposed rule, which we are withdrawing as part of this document, that contained substantially different restrictions on ownership and substantially different requirements for the physical plant, operating procedures, and compliance date. We believe that allowing imported horses to be quarantined in permanent, privately owned quarantine facilities that meet these newly proposed criteria would facilitate the importation of horses while continuing to protect against the introduction of communicable diseases of horses.
Pesticide Tolerance Nomenclature Changes; Technical Amendment
Document Number: E6-21025
Type: Rule
Date: 2006-12-13
Agency: Environmental Protection Agency
This document makes minor revisions to the terminology of certain commodity terms listed under 40 CFR part 180, subpart C. EPA is taking this action to establish a uniform listing of commodity terms.
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