2006 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency, Region 8 (EPA) announces its intent to delete portions of the Ellsworth Air Force Base (AFB) Site located in Meade and Pennington Counties, South Dakota, from the National Priorities List (NPL) and requests public comment on this action. The NPL constitutes Appendix B to 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 (CERCLA). The EPA has determined, with the concurrence of the State of South Dakota through the Department of Environment and Natural Resources (SDDENR) that for the parcels proposed for deletion, all appropriate actions under CERCLA have been implemented to protect human health, welfare and the environment and no further response action by responsible parties is appropriate. This partial deletion pertains to surface soil, unsaturated subsurface soil, surface water, and sediments at Operable Units 2, 3, 4, 5, 6, 7, 8, 9, 10 and 12, and excludes the ground water medium at these parcels. The ground water medium at the Ellsworth AFB Site (OU-11, Basewide Ground Water), and the soil medium (surface and unsaturated subsurface soils) at OU-1, Fire Protection Training Area, will remain on the NPL and response activities will continue for those OUs. Two additional areas not associated with an operable unit, the Gateway Lake Ash Study Area and the Pride Hangar Study Area, are currently under investigation and are also not part of this partial deletion.

This regulation establishes time-limited tolerances for legume vegetables (except soybeans) and foliage of legume vegetables (except soybeans) of myclobutanil in or on vegetable, legume (except soybeans) and vegetable, foliage of legume (except soybeans). This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on vegetable, legume (except soybeans) and vegetable, foliage of legume (except soybeans). This regulation establishes a maximum permissible level for residues of myclobutanil in this food commodity. These tolerances will expire and are revoked on June 30, 2009.

The staff denied a petition for rulemaking filed by JBL Broadcasting, Inc. to upgrade, reallot, and change the community of license its Station WVEK-FM, from Channel 274A, Cumberland, Kentucky, to Channel 274C3, Weber City, Virginia, because one of the required channel changes to accommodate this proposal is short-spaced in violation of Section 73.207(a) of the Commission's rules. With this action, the proceeding is terminated.

On May 18, 2006, the Federal Deposit Insurance Corporation (FDIC) issued a notice of proposed rulemaking with request for comments on revisions to 12 CFR part 327 (see 71 FR 28790). The rulemaking proposed to make the deposit insurance assessment system react more quickly and more accurately to changes in institutions' risk profiles, and in so doing to eliminate several causes for complaint by insured depository institutions. The proposed rule also would make changes necessitated by the recently enacted Federal Deposit Insurance Reform Act. The FDIC is extending the comment period on that notice of proposed rulemaking to August 16, 2006. This action will allow interested persons additional time to analyze the issues and prepare their comments.

The Audio Division, at the request of Charles Crawford, allots Channel 247A at Garwood, Texas, as the community's first local FM service. Channel 247A can be allotted to Garwood, Texas, in compliance with the Commission's minimum distance separation requirements with a site restriction of 15.0 km (9.3 miles) northwest of Garwood. The coordinates for Channel 247A at Garwood, Texas, are 29-33-29 North Latitude and 96-29-12 West Longitude. The allotment is subject to the final outcome of MM Docket No. 00-148, in which proposals conflicting with this allotment were dismissed. See SUPPLEMENTARY INFORMATION infra.

In this document, the Commission addresses two issues concerning the provision of Video Relay Service (VRS) in a final rule document, 69 FR 53346, Sept. 1, 2004, a form of telecommunications relay services (TRS). The Commission clarifies that if the calling party or the VRS communications assistant (CA) find that they are not communicating effectively given the nature of the call, the 10 minute in-call replacement rule does not apply and the VRS provider may have another CA handle the call. Also in the document, the Commission clarifies that the VRS CA may ask the VRS user questions during call set-up when necessary to assist the CA in properly handling the call.

EPA is amending certain regulations to reflect the current delegation status of national emission standards for hazardous air pollutants (NESHAPs) in Arizona, California, and Nevada. Several NESHAPs were delegated to the Maricopa County Air Quality Department on May 16, 2006, to the San Joaquin Valley Unified Air Pollution Control District on October 31, 2005, and to the Nevada Division of Environmental Protection on May 9, 2006. The purpose of this action is to update the listing in the Code of Federal Regulations.

The U.S. Department of Energy (DOE or Department) will hold an informal public meeting to present its proposed methodologies for conducting this rulemaking, discuss issues relevant to this rulemaking proceeding, and initiate stakeholder interaction in this rulemaking proceeding. The Department is also interested in information that will assist it in establishing energy conservation standards for refrigerated bottled or canned beverage vending machines. (These types of equipment are referred to collectively hereafter as ``beverage vending machines.'') The Department encourages written comments on these subjects. This effort is the result of the directive in the Energy Policy Act of 2005 to DOE to establish energy conservation standards for such equipment by August 8, 2009. To inform stakeholders and facilitate this process, DOE has prepared a Framework Document, a draft of which is available at https:// www.eere. energy.gov/buildings/ appliancestandards.

To assure that any changes to manufacturing allowance factors used in Federal order Class III and Class IV product price formulas are appropriate and reflective of manufacturing costs, the Department of Agriculture (Department) will be reconvening the national hearing held January 24-27, 2006, in Alexandria, Virginia. Additional proposals addressing the Federal order Class III and Class IV price formulas are also requested for further consideration in the reconvened hearing.

NCUA proposes to revise the official sign indicating a credit union's share accounts are insured by the NCUA to reflect recent share insurance increases and by including a statement that NCUA-insured share accounts are backed by the full faith and credit of the United States Government. This proposal is required to comply with the Federal Deposit Insurance Reform Act of 2005 (Reform Act) and the Federal Deposit Insurance Reform Conforming Amendments Act of 2005 (Conforming Amendments Act).

This document proposes to modify Class E airspace at Pierre, SD. Standard Instrument Approach Procedures to several Runways have been developed for the Pierre Regional Airport. Controlled airspace extending upward from the surface of the earth is needed to contain aircraft executing these approaches. This action modifies the existing radius of Class E airspace, for Pierre Regional Airport.

NCUA proposes to amend its rules regarding the conversion of insured credit unions to mutual savings banks or mutual savings associations. The proposed revisions are primarily intended to improve the information available to members and the board of directors as they consider a possible conversion. The revisions include revised disclosures, revised voting procedures, procedures to facilitate communications among members, and procedures for members to provide their comments to directors before the credit union board votes on a conversion plan.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to include the process of validating a Central Contractor Registration (CCR) registrant's taxpayer identification number (TIN) with the Internal Revenue Service (IRS) to improve the quality of data in the Federal procurement system. Additionally, the amendment removes outdated language requiring modifications of contracts prior to December 31, 2003, regarding CCR.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to provide internal procedures to cover situations when the FAR requires interaction with a procurement center representative and one has not been assigned to the procuring activity or contract administration office.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on an interim rule amending the Federal Acquisition Regulation (FAR) to implement the Dominican Republic-Central America-United States Free Trade Agreement with respect to El Salvador, Honduras, and Nicaragua.

This document amends the Federal Acquisition Regulation (FAR) to make editorial changes.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 757-200 series airplanes. This AD requires a one- time deactivation of the auxiliary fuel system, repetitive venting and draining of the auxiliary fuel tank sumps, and revising the Limitations section of the airplane flight manual to limit the maximum cargo weight. This AD results from a re-evaluation of the floor structure and cargo barriers conducted by the STC holder. We are issuing this AD to prevent structural overload of the auxiliary fuel tank support structure, which could cause the floor beams to fail, damaging the primary flight controls and the auxiliary power unit fuel lines that pass through the floor beams, resulting in loss of control of the airplane. We are also issuing this AD to prevent structural overload of the cargo barriers, which could cause the barriers to fail, allowing the cargo to shift, resulting in damage to the auxiliary fuel tanks, residual fuel leakage, and consequent increased risk of a fire.

This amendment establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and/or Weather Takeoff Minimums for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or 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.

NMFS issues this proposed rule to implement Amendment 18 to the Pacific Coast Groundfish Fishery Management Plan (FMP). Amendment 18 is intended to respond to a court order by setting the Pacific Fishery Management Council's (Council's) bycatch minimization policies and requirements into the FMP. This rule would implement new standardized bycatch reporting methodology and bycatch minimization requirements for groundfish fisheries off the U.S. West Coast.

The Copyright Office is making a technical amendment in the regulation regarding notices of termination of transfers and licenses to clarify determination of the date on which notice was served. In instances where first class mail is used, the date on which notice of termination is served is the day on which the notice was mailed.

The FAA proposes to adopt a new airworthiness directive (AD) for Rolls-Royce Deutschland Ltd & Co KG (RRD) Tay 611-8, Tay 620-15, Tay 650-15, and Tay 651-54 series turbofan engines, with certain low pressure (LP) compressor modules installed. This proposed AD would require an ultrasonic inspection (UI) of LP compressor fan blades for cracks, within 30 days after the effective date of the proposed AD on certain serial number (SN) Tay 650-15 engines. This proposed AD would also require repetitive UIs of LP compressor fan blades on all engines. This proposed AD would also require, for Tay 650-15 and Tay 651-54 engines, UIs of LP compressor fan blades whenever the blade set is removed from one engine and installed on a different engine. This proposed AD results from a report that a set of LP compressor fan blades failed before reaching the LP compressor fan blade full published life limit. We are proposing this AD to prevent LP compressor fan blades from failing due to blade root cracks, leading to uncontained engine failure and damage to the airplane.

The Coast Guard is establishing a temporary safety zone encompassing the navigable waters of the Syracuse Inner Harbor on the southern end of Onondaga Lake during the City Fireworks Celebration on June 30, 2006. This safety zone is necessary to ensure the safety of spectators and vessels from the hazards associated with fireworks displays. This safety zone is intended to restrict vessel traffic from a portion of Onondaga Lake, Syracuse, New York.

EPA is approving a State Implementation Plan (SIP) submission by the State of Missouri which revises the Construction Permits Required rule and takes no action on the revisions made to the Emissions Banking and Trading rule. A proposal was published on April 14, 2006, in the Federal Register, and no comments were received. As proposed, we are approving most of the revisions to the Construction Permits Required rule because the revisions incorporate, by reference, the Federal New Source Review reforms, published in the Federal Register on December 31, 2002. As requested by Missouri, EPA is not acting on portions of the state rule relating to Clean Unit Exemptions, Pollution Control Projects, and a portion of the record keeping provisions for the actual-to-projected-actual emissions projections test.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 727 airplanes. This AD requires repetitive measurements of the freeplay of the left and right outboard aileron balance tabs and of the upper and lower rudder tabs, and related investigative/corrective actions if necessary. This AD also requires repetitive lubrication of the hinge bearings and rod end bearings of the outboard aileron balance tabs. This AD results from reports of freeplay-induced vibration of the outboard aileron balance tabs and rudder tabs. We are issuing this AD to prevent excessive vibration of the airframe during flight, which could result in divergent flutter and loss of control of the airplane.

The Federal Energy Regulatory Commission (Commission) is amending its regulations to establish criteria for obtaining market- based rates for storage services offered under part 284. First, the Commission is modifying its market-power analysis to better reflect the competitive alternatives to storage. Second, pursuant to the Energy Policy Act of 2005, the Commission is promulgating rules to implement new section 4(f) of the Natural Gas Act, to permit underground natural gas storage service providers that are unable to show that they lack market power to negotiate market-based rates in circumstances where market-based rates are in the public interest and necessary to encourage the construction of the storage capacity in the area needing storage services, and where customers are adequately protected. These revisions are intended to facilitate the development of new natural gas storage capacity while protecting customers.