Federal Register 2006-01-05: Vol 71 Iss 3

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II Federal Register/Vol. 71, No. 3/Thursday, January 5, 2006
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III
Contents
Federal Register
Vol. 70, No. 3
Thursday, January 5, 2006
Agency for Healthcare Research and Quality IBM Corp., 622
NOTICES Inman Mills, 622
Medicare, Medicaid, and State Children Health Insurance Kealey-Johnson Wholesale Florist, 622-623
programs: Messier Services, Inc., 623
Effective Health Care Program; priority topics Agency information collection activities; proposals,
identification and research'recommendations, 600- submissions, and approvals, 623-624
601
Energy Department
Agricultural Marketing Service See Federal Energy Regulatory Comtnission
PROPOSED RULES NOTICES
Milk marketing orders: Environmental statements; record of decision:
Northeast, 545-552 Bangor Hydro-Electric Company Northeast Reliability
Interconnect: electric transmission line authorization,
Agriculture Department 587-594
See Agricultural Marketing Service
See Forest Service Environmental Protection Agency
RULES
Centers for Disease Control and Prevention Air quality implementation plans; approval and
NOTICES promulgation: various States; air quality planning
Organization, functions, and authority delegations: purposes: designation of areas:
Health and Safety Office, 601-602 Indiana, 541-544
Water supply:
Coast Guard National primary drinking water regulations—
RULES Long Term 2 Enhanced Surface Water Treatment Rule,
Ports and waterways safety; regulated navigation areas, 654-786
safety zones, security zones, etc.: PROPOSED RULES
Mission Creek Waterway, China Basin, San Francisco Air quality implementation plans; approval and
Bay, CA, 538-541 promulgation: various States:
Maine, 569—577
Commerce Department Michigan, 577-579
See International Trade Administration NOTICES
See National Oceanic and Atmospheric Administration Agency information collection activities; proposals,
submissions, and approvals, 597-598
Copyright Office, Library of Congress
NOTICES Executive Office of the President
Copyright Arbitration Royalty Panel: See Presidential Documents
Nonsubscription and new subscription services that
transmit sound recordings under statutory licenses; Federal Aviation Administration
intent to audit, 624-625 RULES
Airworthiness standards:
Corporation for National and Community Service Normal, utility, acrobatic, and commuter category
NOTICES airplanes—
Agency information collection activities; proposals, Airframe and flight standard changes; correction, 537
submissions, and approvals, 584-585 Class E airspace, 537-538
PROPOSED RULES
Defense Department Class E airspace, 552-553
RULES NOTICES
Federal Acquisition Regulation (FAR); Meetings:
Introduction, 864 Air Traffic Procedures Advisory Committee, 644
Small entity compliance guide, 866-867
Trade agreements; thresholds, 864-866 Federal Election Commission
NOTICES NOTICES
Privacy Act; systems of records, 586-587 Meetings; Sunshine Act, 598
Employment and Training Administration Federai Energy Reguiatory Commission
NOTICES NOTICES
Adjustment assistance; applications, determinations, etc.: Electric rate and corporate regulation combined filings,
Carolina Mills, Inc., 619 594-597
Engineered Speciality Plastics et al., 619-621
George Weston Bakeries, Inc., 621-622 Federal Maritime Commission
Gerdau Ameristeel, 622 NOTICES
Hostmann-Steinberg, 622 Agreements filed, etc., 598-599
IV Federal Register/Vol. 70, No. 3/Thursday, January 5, 2006/Contents
Ocean transportation intermediary licenses: Library of Congress
Coastar Freight Services et al., 599-600 See Copyright Office, Library of Congress
Pacific Multi-Modal, Inc., et al., 600
Mine Safety and Heaith Federal Review Commission
Federal Mine Safety and Health Review Commission See Federal Mine Safety and Health Review Commission
PROPOSED RULES
Procedural rules, etc.; revisions, 553-569 National Aeronautics and Space Administration
RULES
Federal Motor Carrier Safety Administration Federal Acquisition Regulation (FAR):
Introduction, 864
NOTICES
Motor carrier safety standards: Small entity compliance guide, 866-867
Driver qualifications; vision requirement exemptions, Trade agreements; thresholds, 864-866
644-647 NOTICES
Environmental statements; availability, etc.;
Federal Reserve System Advanced radioisotope power systems development,
625-628
NOTICES
Banks and bank holding companies:
National Oceanic and Atmospheric Administration
Formations, acquisitions, and mergers, 600
RULES
Forest Service Endangered and threatened species:
West Coast steelhead; 10 distinct population segments,
NOTICES
Meetings: 834-862
Ocean and coastal resource management;
Resource Advisory Committees—
Coastal Zone Management Act; Federal consistency
Alpine County, 580
process, 788-831
General Services Administration NOTICES
Meetings:
RULES
Mid-Atlantic Fishery Management Council, 583
Federal Acquisition Regulation (FAR):
Scientific research permit determinations, etc., 583-584
Introduction, 864
Small entity, compliance guide, 866-867
Nuclear Waste Technical Review Board
Trade agreements; thresholds, 864-866
NOTICES
Meetings:
Health and Human Services Department
Yucca Mountain, NV, 628
See Agency for Healthcare Research and Quality
See Centers for Disease Control and Prevention
Pipeline and Hazardous Materiais Safety Administration
Homeland Security Department NOTICES
Meetings:
See Coast Guard
Mechanical damage issues; technical workshop, 647-648
Operator qualification programs, 648
Housing and Urban Development Department
NOTICES Postal Rate Commission
Public and Indian housing:
NOTICES
Public Housing Operating Fund Program; project expense
Commission tour:
levels computation; correction, 602-617
Largo, MD, et al., 628
Interior Department
Presidential Documents
NOTICES ADMINISTRATIVE ORDERS
Meetings: China; circular welded non-alloy steel pipe imports
Blackstone River Valley National Heritage Corridor (Presidential Determination)
Commission, 617-618 No. 2006-7 of December 30, 2005, 869-872
international Trade Administration Railroad Retirement Board
NOTICES NOTICES
Antidumping: Meetings:
Pure magnesium firom— Actuarial Advisory Committee, 628-629
China, 580-581
Solid urea from— Securities and Exchange Commission
Russian Federation and Ukraine, 581-582 NOTICES
Cheese quota; foreign government subsidies; Agency information collection activities; proposals,
Annual list, 582-583 submissions, and approvals, 629
Self-regulatory organizations; proposed rule changes:
Justice Department Fixed Income Clearing Corp., 629-632
NOTICES National Association of Securities Dealers, Inc., 632-636
Pollution control: consent judgments: Pacific Exchange, Inc., 636^41
DaimlerChrysler Corp., 618
MGP Ingredients of Illinois, Inc., 618 State Department
NOTICES
Labor Department Culturally significant objects imported for exhibition:
See Employment and Training Administration The Dead Sea Scrolls, 641
Federal Register/Vol. 70, No. 3/Thursday, January 5, 2006/Contents V
Meetings; Part III
U.S. Advisory Commission on Public Diplomacy, 641 Commerce Department, National Oceanic and Atmospheric
Administration, 788-831
Transportation Department
See Federal Aviation Administration Part IV
See Federal Motor Carrier Safety Administration Commerce Department, National Oceanic and Atmospheric
See Pipeline and Hazardous Materials Safety Administration, 834-862
Administration
NOTICES Part V
Aviation proceedings:
Defense Department; General Services Administration;
Hearings, etc.—
National Aeronautics and Space Administration, 864-
Cargo 360, Inc., 641
867
Reports and guidance documents; availability, etc.:
Tax-exempt Financing of Highway Projects and Rail-truck
transfer facilities; applications for authority; Part VI
comment request, 642-644 Executive Office of the President, Presidential Documents,
869-872
Treasury Department
NOTICES
Reports and guidance documents; availability, etc.: Reader Aids
Terrorism Risk Insurance Extension Act of 2005; interim Consult the Reader Aids section at the end of this issue for
guidance, 648—651 phone numbers, online resources, finding aids, reminders,
and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents
Separate Parts In This Issue LISTSERV electronic mailing list, go to http://
listserv.access.gpo.gov and select Online mailing list
Part II archives, FEDREGTOC-L, Join or leave the list (or change
Environmental Protection Agency, 654—786 settings): then follow the instructions.
VI Federal Register/Vol. 71, No. 3/Thursday, January 5, 2006/Contents
CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the
Reader Aids section at the end of this issue.
3 CFR
Administrative Orders:
Presidential
Determinations:
No. 2006-7 of
December 30,
2005....871
7 CFR
Proposed Rules:
1000 .545
1001 .545
1005 .545
1006 .545
1007 .545
1030.545
1032 .545
1033 .545
1124.545
1126.545
1131.545
14 CFR
23. 537
71.537
Proposed Rules:
71.552
15 CFR
930.788
29 CFR
Proposed Rules:
2700.553
2704 .553
2705 .553
33 CFR
165.538
40 CFR
9.654
52 .541
81.541
141 .654
142 .654
Proposed Rules:
52 (2 documents).569, 577
48 CFR
Ch. 1 (2
documents).864, 866
22 .864
25 .864
52 .864
50 CFR
223 .834
224 .834
lb
537
Rules and Regulations
Federal Register
Vol. 71, No. 3
Thursday, January 5, 2006
This section of the FEDERAL REGISTER the internal portion of the windshield docket number FAA-2005-23375/
contains regulatory documents having general and side windows sufficiently large to Airspace Docket No. 05-ACE-35, at thie
applicability and legal effect, most of which provide the view specified in paragraph beginning of your comments. You may
are keyed to and codified in the Code of (a)(1) of this section. Compliance must also submit comments on the Internet at
Federal Regulations, which is published under be shown under all expected external http://dms.dot.gov. You may review the
50 titles pursuant to 44 U.S.C. 1510.
and internal ambient operating public docket containing the proposal,
The Code of Federal Regulations is sold by conditions, unless it can be shown that any comments received, and any final
the Superintendent of Documents. Prices of the windshield and side windows can disposition in person in the Dockets
new books are listed in the first FEDERAL be easily cleared by the pilot without Office between 9 a.m. and 5 p.m.,
REGISTER issue of each week. interruption of normal pilot duties. Monday through Friday, except Federal
Issued in Washington, DC, on December holidays. The Docket Office (telephone
29, 2005. 1-800-647-5527) is on the plaza level
DEPARTMENT OF TRANSPORTATION Anthony F. Fazio, of the Department of Transportation
Federal Aviation Administration Director, Office of Rulemaking. NASSIF Building at the above address.
[FR Doc. 06-85 Filed 1-4-06; 8:45 am] FOR FURTHER INFORMATION CONTACT:
Brenda Mumper, Air Traffic Division,
14CFR Part 23 BILLING CODE 4910-13-P
Airspace Branch, ACE-520A, DOT
Airworthiness Standards: Normal, . Regional Headquarters Building, Federal
Utility, Acrobatic, and Commuter DEPARTMENT OF TRANSPORTATION Aviation Administration, 901 Locust,
Category Airplanes; Correction Kansas City, MO 64106; telephone:
Federal Aviation Administration [phone].
AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION: This
Administration (FAA), DOT. 14 CFR Part 71 amendment to 14 CFR 71 modifies the
ACTION: Correcting amendment. [Docket No. FAA-2005-23375; Airspace Class E airspace area extending upward
Docket No. 05-ACE-35] from 700 feet above the surface at
SUMMARY: This document makes a Beatrice, NE. These modifications
correction to the final rule published in Modification of Class E Airspace; provide controlled airspace of
the Federal Register on August 6, 1993 Beatrice, NE appropriate dimensions to protect
(58 FR 42165). That rule changed
aircraft executing lAPs to Beatrice
airframe and flight airworthiness AGENCY: Federal Aviation
Municipal Airport and bring the. legal
standards for normal, utility, acrobatic Administration (FAA), DOT.
description of the Beatrice, NE Class E
and commuter category airplanes. ACTION: Direct final rule; request for airspace area into compliance with FAA
DATES: Effective Date: This correction is comments. Orders 7400.2E and 8260.19C. This area
effective on January 5, 2006. SUMMARY: This action arnend Title 14 will be depicted on appropriate
FOR FURTHER INFORMATION CONTACT: Joan Code of Federal Regulations, part 71 (14 aeronautical charts. Class E airspace
Allen, telephone [phone]. CFR part 71) by modifying Class E areas extending upward ft'om 700 feet or
SUPPLEMENTARY INFORMATION: airspace at Beatrice, NE. The more above the surface of the earth are
establishment of a Very High Frequency published in paragraph 6005 of FAA
Need for Correction
Omni-directional Range (VOR) Order 7400.9N, Airspace Designations
As published, the final regulation Instrument Approach Procedure (lAP) to and Reporting Points, dated September
contains an error which may be Runway 17 has made this action 1, 2005, and effective September 16,
misleading and needs to be clarified. necessary. Additional controlled 2005, which is incorporated by
List of Subjects in 14 CFR Part 23 airspace extending upward from 700 reference in 14 CFR 71.1. The Class E
feet above the surface is needed to airpsace designation listed in this
Aircraft, Aviation safety. Signs and contain aircraft executing this lAP. The document will be published
symbols. intended effect of this rule is to provide subsequently in the Order.
■ Accordingly, 14 CFR part 23 is adequate controlled airspace for The Direct Final Rule Procedure
corrected by making the following Instrument Flight Rules operations at
correcting amendment: Beatrice Municipal Airport, Beatrice, The FAA anticipates that this
regulation will not result in adverse or
■ 1. The authority citation for part 23 NE.
negative comment and, therefore, is
continues to read as follows: DATES: This direct final rule is effective issuing it as a direct final rule. Previous
Authority: 49 U.S.C. 106(g), 40113, 44701- on 0901 UTC, April 13, 2006. Comments actions of this nature have not been
44702,44704. for inclusion in the Rules Docket must controversial and have not resulted in
■ 2. Revise paragraph (b) of § 23.773 to be received on or before Janueury 27, adverse comments or objections. Unless
read as follows: 2006. a written adverse or negative comment
ADDRESSES: Send comments on this or a written notice of intent to submit
§ 23.773 Pilot compartment view. proposal to the Docket Management an adverse or negative comments is
***** System, U.S. Department of received within the comment period,
(b) Each pilot compartment must have Transportation, Room Plaza 401, 400 the regulation will become effective on
a means to either remove or prevent the Seventh Street, SW., Washington, DC the date specified above. After the close
formation of fog or frost on an area of 20590-0001. You must identify the of the comment period, the FAA will
538 Federal Register/Vol. 71, No. 3/Thursday, January 5, 2006/Rules and Regulations
publish a document in the Federal is certified that this rule, when Issued in Kansas City, MO, on December
Register indicating that no adverse or promulgated, will not have a significant 19, 2005.
negative comments were received and economic impact on a substantial Paul J. Sheridan,
confirming the date on which the final number of small entities under the Area Director, Western Flight Services
rule will become effective. If the FAA criteria of the Regulatory Flexibility Act. Operations.
does receive, within the comment This rulemaking is promulgated [FR Doc. 06-80 Filed 1^-06; 8:45
period, an adverse or negative comment,
under the authority described in BILLING CODE 49ia-ia-M
or written notice of intent to submit
Subtitle VII, Part A, Subpart I, Section
such a comment, a document
40103. Under that section, the FAA is
withdrawing the direct final rule will be charged with prescribing regulations to DEPARTMENT OF HOMELAND
published in the Federal Register, and
assign the use of the airspace necessary SECURITY
a notice of proposed rulemaking may be
to ensure the safety of aircraft and the
published with a new comment period. Coast Guard
efficient use of airspace. This regulation
Comment Invited is within the scope of that authority
33 CFR Parties
Interested parties are invited to since it contains aircraft executing
participate in this rulemaking by instrument approach procedures to [COTP San Francisco Bay 05-011]
submitting such written data, views, or Beatrice Municipal Airport, Beatrice,
arguments, as they may desire. NE. RIN 1625-AAOO
Comments that provide the factual basis List of Subjects in 14 CFR Part 71 Safety Zone; Mission Creek Waterway,
supporting the views and suggestions China Basin, San Francisco Bay, CA
presented are particularly helpful in Airspace, Incorporation by reference.
developing reasoned regulatory Navigation (air). agency: Coast Guard, DHS.
decisions on the proposal. Comments ACTION: Temporary final rule; request for
are specifically invited on the overall Adoption of the Amendment comments.
regulatory, aeronautical, economic,
environmental, and energy-related ■ Accordingly, the Federal Aviation SUMMARY: The Coast Guard has
aspects of the proposal. Administration amends 14 CFR part 71 established a temporary safety zone in
Communications should identify both as follows: the navigable waters of the Mission
docket numbers and be submitted in Creek Waterway in China Basin
triplicate to the address listed above. PART 71—DESIGNATION OF CLASS A, surrounding the construction site of the
Commenters wishing the FAA to CLASS B, CLASS C, CLASS D, AND Fourth Street Bridge, San Francisco,
acknowledge receipt of their comments CLASS E AIRSPACE AREAS; California. This temporary safety zone is
on this notice must submit with those AIRWAYS; ROUTES; AND REPORTING necessary to protect persons and vessels
comments a self-addressed, stamped POINTS from hazards associated with ongoing
postcard on which the following bridge construction activities scheduled
statement is made: “Comments to ■ 1. The authority citation for part 71 to continue through September 1, 2006.
Docket No. FAA-2005-23375/Airspace continues to read as follows: The safety zone temporarily prohibits
Docket No. 05-ACE-35.” The postcard Authority: 49 U.S.C. 106(g), 40103, 40113, use of the Mission Creek Waterway
will be date/time stamped and returned 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959- surrounding the Fourth Street Bridge,
to the commenter. 1963 Comp., p. 389. unless authorized by the Captain of the
Port, or his designated representative.
Agency Findings
§71.1 [Amended] DATES: This rule is effective from 12:01
The regulations adopted herein will
not have a substantial direct effect on ■ 2. The incorporation by reference in a.m. on January 1, 2006 to 11:59 p.m. on
the States, on the relationship between 14 CFR 71.1 if Federal Aviation September 1, 2006. Comments and
the national Government and the States, Administration Order 7400.9N, dated related material must reach the Coast
September 1, 2005, and effective Guard on or before March 1, 2006.
or on the distribution of power and
responsibilities among the various September 16, 2005, is amended as ADDRESSES: Comments and material
levels of government. Therefore, it is follows: received from the public, as well as
documents indicated in this preamble as
determined that this final rule does not
have federalism implications under Pamgraph 6005 Class E airspace areas being available in the docket, are part of
extending upward from 700 feet or more docket COTP 05-011 and are available
Executive Order 13132.
The FAA has determined that this above the surface of the earth. for inspection or copying at the
regulation only involves an established •k it it ic it Waterways Safety Branch of Sector San
body of technical regulations for which Francisco, Coast Guard Island, Alameda,
ACE NE E5 Beatrice, NE
frequent and routine eunendments are California, 94501, betweeri 9 a.m. and 4
necessary to keep them operationally Beatrice Municipal Airport, NE p.m., Monday through Friday, except
current. Therefore, this regulation—(1) (Lat. 40°18'05" N., long. 96‘’45T5'' W.) Federal holidays.
Is not a “significant regulatory action” Shaw NDB FOR FURTHER INFORMATION CONTACT:
under Executive Order 12866; (2) is not (Lat. 40°15'54'' N., long. 96°45'25'' W.) Lieutenant Eric Ramos, U.S. Coast
a “significant rule” under DOT That airspace extending upward from 700 Guard Sector San Francisco, at (510)
Regulatory Policies and Procedures (44 feet above the surface within a 7.5-mile 437-2770.
FR 11034; February 26,1979); and (3) radius of Beatrice Municipal Airport and SUPPLEMENTARY INFORMATION:
does not warrant preparation of a within 3.1 miles each side of the 185° bearing
Regulatory Evaluation as the anticipated from the Shaw NDB extending from the 7.5- Regulatory Information
impact is so minimal. Since this is a mile radius of the airport to 7 miles south of We did not publish a notice of
routine matter that will only affect air the Shaw NDB. proposed rulemaking (NPRM) for this
traffic procedures arid air navigation, it ***** regulation. Under 5 U.S.C. 553(b)(3)(B),