February 2005 – Federal Register Recent Federal Regulation Documents

The Office of Personnel Management (OPM) is proposing regulations to carry out the notification and training requirements of the Notification and Federal Employees Antidiscrimination and Retaliation Act of 2002 (No FEAR Act). This rule will implement the notice and training provisions of the No FEAR Act.

The Food and Drug Administration (FDA or we) is proposing to amend its regulation governing reporting of deaths, serious injuries, and certain malfunctions related to medical devices. We are revising the regulation into plain language to make the regulation easier to understand, and we are making technical corrections. Elsewhere in this issue of the Federal Register, we are publishing a direct final rule that is identical to this proposed rule. This proposed rule will provide a procedural framework to finalize the rule in the event we receive any significant adverse comment and withdraw the direct final rule.

The Commission will revise its Schedule of Regulatory Fees in order to recover the amount of regulatory fees that Congress has required it to collect for fiscal year 2005. Section 9 of the Communications Act of 1934, as amended, provides for the annual assessment and collection of regulatory fees under sections 9(b)(2) and 9(b)(3), respectively, for annual ``Mandatory Adjustments'' and ``Permitted Amendments'' to the Schedule of Regulatory Fees.

Modified Base (1% annual chance) Flood Elevations (BFEs) are finalized for the communities listed below. These modified elevations will be used to calculate flood insurance premium rates for new buildings and their contents.

The Rural Business-Cooperative Service (RBS) proposes to amend its regulation for Business and Industry (B&I) Guaranteed Loans to remove all references to a one-time, specific loan guarantee fee and provide the authority for the charging of an annual renewal fee on all loans obligated after the publication of the final rule. The intended effect of this rule is to reduce the subsidy rate for guaranteed loans and its associated budget authority dollar level, which will result in a greater level of assistance to the public (i.e., higher supportable loan level). A notice will be published in the Federal Register each fiscal year that will establish the guarantee fee and any annual renewal fees for loans obligated during that fiscal year.

The Commander, First Coast Guard District, has issued a temporary deviation from the drawbridge operation regulations for the Triborough 125th Street Bridge, at mile 1.3, across the Harlem River, New York. Under this temporary deviation the Triborough 125th Street Bridge may remain in the closed position for thirty-days, April 1, 2005, through April 30, 2005. The purpose of this temporary deviation is to facilitate major structural repairs at the bridge.

DOT proposes to add a system of records relating to aviation consumer protection to the list of DOT Privacy Act Systems of Records that are exempt from one or more provisions of the Privacy Act. Public comment is invited.

The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations revising the Holtec International HI-STORM 100 cask system listing within the ``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 2 to Certificate of Compliance Number (CoC No.) 1014. Amendment No. 2 would modify the present cask system design to include changes to materials used in construction, changes to the types of fuel that can be loaded, changes to shielding and confinement methodologies and assumptions, revisions to various temperature limits, changes in allowable fuel enrichments, and other changes to reflect current NRC staff guidance and use of industry codes under a general license.

The Nuclear Regulatory Commission (NRC) is amending its regulations revising the Transnuclear, Inc., Standardized Advanced NUHOMS[reg] System listing within the ``List of approved spent fuel storage casks'' to include Amendment No. 1 to Certificate of Compliance Number (CoC No.) 1029. Amendment No. 1 will add another Dry Shielded Canister (DSC), designated NUHOMS[supreg]-24PT4, to the authorized contents of the Standardized Advanced NUHOMS[supreg] System. Also, the rule will be amended to correct a typographical error that incorrectly states the expiration date of the CoC.

The FAA proposes to amend the cockpit voice recorder (CVR) and digital flight data recorder (DFDR) regulations for certain air carriers, operators, and aircraft manufacturers. This proposed rule would increase the duration of CVR and flight data recorder (FDR) recordings; increase the data recording rate of certain DFDR parameters; require physical separation of the DFDR and CVR; improve the reliability of the power supply to both the CVR and DFDR; and if data-link communication equipment is installed, require that all data- link communications received on an aircraft be recorded. This proposal is based on recommendations issued by the National Transportation Safety Board (NTSB) following the investigations of several accidents and incidents, and includes other revisions that the FAA has determined are necessary. The proposed improvements to the CVR and DFDR systems are intended to improve the quality and quantity of information recorded and increase the potential for retaining important information needed during accident and incident investigations.

The Federal Housing Finance Board (Finance Board) is proposing to reorganize the way it imposes reporting requirements on the Federal Home Loan Banks (Banks) by issuing the requirements in a reporting manual to be titled Data Reporting Manual (DRM). When issued, the DRM would be an enforceable order issued pursuant to the Finance Board's investigatory powers. As part of this reorganization, the Finance Board is proposing to remove from its regulations certain reporting requirements and reissuing them as part of the DRM. The Finance Board also is proposing to add a new part 914, which would address a Bank's obligation with respect to reporting requirements and make its books and records available to the Finance Board. Lastly, the Finance Board is proposing to add a new section to part 917, which would impose on each Bank's board of directors the obligation to establish policies and procedures with respect to regulatory reporting.

The EPA is approving revisions to the particulate matter (PM) and sulfur dioxide (SO2) emission requirements for Pfizer, Inc. (Pfizer). Pfizer operates a medicinal chemical manufacturing facility in Vigo County, Indiana. On October 7, 2004, Indiana submitted a request for PM and SO2 emissions limit revisions as an amendment to its State Implementation Plan (SIP) at the Vigo County facility. Pfizer has removed five boilers from its facility. Indiana has requested the deletion of the site-specific PM and SO2 emission limits for all five removed boilers. A new boiler has replaced three of the removed boilers. The new boiler is subject to the current New Source Performance Standard limits for PM and SO2 emissions. There will be no increase in PM or SO2 emissions as a result of the requested revisions.

The FAA is superseding an existing airworthiness directive (AD) that applies to certain Boeing Model 757-200, 757-200CB, and 757- 200PF series airplanes. The existing AD currently requires repetitive detailed inspections to detect horizontal or vertical movement of the shims at the joint of the mid-bulkhead and the upper link fittings, and corrective action if necessary; or certain alternative actions that terminate the requirement for the repetitive inspections. This new AD continues to require those repetitive inspections; decreases the allowable tolerance for shim migration; and adds new repetitive detailed inspections for cracking of the entire mid-bulkhead, and repair if necessary. This new AD also adds additional airplanes to the applicability of the AD. This AD is prompted by reports of cracks in the mid-bulkhead lower vertical flange common to the lower chord and stiffener and reports of cracking at other locations on the mid- bulkhead. We are issuing this AD to detect and correct migration of shims at the joint of the mid-bulkhead and the upper link fittings and cracking of the mid-bulkhead, which could result in cracking of the strut and consequent loss of the strut and engine.

This final rule provides a mechanism for us to expeditiously make changes to the durable medical equipment regional carrier (DMERC) service area boundaries without notice and comment rulemaking. Through this mechanism, we can change the geographical boundaries served by the regional contractors that process durable medical equipment claims through issuance of a Federal Register notice and make other minor changes in the contract administration of the DMERCs. The mechanism provides a method for increasing or decreasing the number of DMERCs, changing the boundaries of DMERCs based on criteria other than the boundaries of the Common Working File sectors, and awarding new contractors to perform statistical analysis or maintain the national supplier clearinghouse. We will publish these changes and their justifications in a Federal Register notice, rather than through notice and comment rulemaking. Although we may change the number and configuration of regional carriers, we are not altering the criteria and factors that we use in awarding contracts. Through this final rule, we are improving the contracting process so that we can swiftly meet the challenges of the changing healthcare industry and address the changing needs of beneficiaries, suppliers, and the Medicare program.

NMFS is prohibiting directed fishing for Pacific cod by vessels catching Pacific cod for processing by the offshore component in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2005 interim total allowable catch (TAC) of Pacific cod apportioned to vessels catching Pacific cod for processing by the offshore component of the Western Regulatory Area of the GOA.

The Assistant Administrator for Fisheries, NOAA (AA), on behalf of the International Pacific Halibut Commission (IPHC), publishes annual management measures governing the Pacific Halibut fishery which are approved by the Secretary of State. This action is intended to provide public notice of the effectiveness of these IPHC annual management measures and to inform persons subject to them of their restrictions and requirements.

The PBGC proposes to amend its regulations to provide a rule for computing liability under section 4063(b) of the Employee Retirement Income Security Act of 1974 (``ERISA'') when there is a substantial cessation of operations by an employer as described by section 4062(e) of ERISA.

We are amending the citrus canker regulations by updating the list of areas in the State of Florida quarantined because of citrus canker. To reflect the detection of citrus canker in an area adjacent to but outside of one current quarantined area in Florida, as well as in additional counties, we are expanding the boundaries of one existing quarantined area and adding several new areas to the list of quarantined areas. We are also removing a portion of one county from the list of quarantined areas because regular surveys have shown it to have been free of citrus canker for at least 2 years. These actions are necessary to prevent the spread of citrus canker into noninfested areas of the United States and to relieve restrictions that are no longer warranted.

The Environmental Protection Agency (EPA) proposes to approve the sections 111(d)/129 State Plan submitted by the Connecticut Department of Environmental Protection (DEP) on September 16, 2004. This State Plan is for carrying out and enforcing provisions that are at least as protective as the Emissions Guidelines (EG) applicable to certain existing Municipal Waste Combustors (MWCs) in accordance with sections 111 and 129 of the Clean Air Act. The Connecticut DEP submitted the Plan to satisfy certain Federal Clean Air Act requirements.

EPA is notifying the public that it has received negative declarations for Commercial and Industrial Solid Waste Incineration (CISWI) units from Forsyth County, Mecklenburg County, and Buncombe County, North Carolina, and Chattanooga-Hamilton County, Knox County, and Memphis-Shelby County, Tennessee. These negative declarations certify that CISWI units subject to the requirements of sections 111(d) and 129 of the Clean Air Act (CAA) do not exist in areas covered by the local air pollution control programs of Forsyth County, Mecklenburg County, and Buncombe County, North Carolina, and Chattanooga-Hamilton County, Knox County, and Memphis-Shelby County, Tennessee.

The Office of the Secretary of Defense is proposing to exempt those records contained in DCIFA 01, entitled ``CIFA Operational and Analytical Records'' when an exemption has been previously claimed for the records in another Privacy Act system of records. The exemption is intended to preserve the exempt status of the record when the purposes underlying the exemption for the original records are still valid and necessary to protect the contents of the records.

The Office of Foreign Assets Control (``OFAC'') of the U.S. Department of the Treasury is amending the Cuban Assets Control Regulations, 31 CFR part 515 (the ``CACR''), to clarify the meaning of the term ``payment of cash in advance,'' which is used in the restrictions on payment and financing terms for authorized exports from the United States to Cuba.

The Department is publishing the following reporting directive regarding the reporting requirements that are contained in the OST final rule on ``Reports by Carriers on Incidents Involving Animals During Air Transport.''

These special conditions are issued for Cessna Aircraft Company Model 501 airplanes modified by Garrett Aviation Services. These airplanes will have novel and unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. The modification incorporates the installation of Electronic Flight Displays with Engine Indication and Flight Information Systems. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for the protection of these systems from the effects of high-intensity- radiated fields (HIRF). These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.