April 18, 2005 – Federal Register Recent Federal Regulation Documents

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a new animal drug application (NADA) filed by Pharmacia & Upjohn Co., a Division of Pfizer, Inc. The NADA provides for the veterinary prescription use of ceftiofur hydrochloride suspension, by intramammary infusion, for the treatment of subclinical mastitis in dairy cattle at the time of dry off.

The Coast Guard is establishing temporary special local regulations during the ``Camden Spring Race'', a marine event to be held over the waters of the Pasquotank River at Camden, North Carolina. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in the Pasquotank River during the event.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Raytheon airplanes identified above. The existing AD currently requires a visual inspection to determine whether adequate clearance exists between the fan venturi motor casing and the adjacent equipment, and adjustments, if necessary; and a visual inspection to detect signs of overheating, degradation of insulating materials, and ingestion of debris into the motor, and replacement of discrepant parts with serviceable parts. This proposed AD would instead require that operators replace the fan venturi with a new or modified part. This proposed AD is prompted by reports that the fan venturi overheated and produced smoke while the airplane was on the ground. We are proposing this AD to prevent heat and fire damage to equipment adjacent to the fan venturi, which could result in smoke in the cabin and/or burning equipment.

The Nuclear Regulatory Commission (NRC or Commission) proposes to amend its regulations to certify the AP1000 standard plant design. This action is necessary so that applicants or licensees intending to construct and operate an AP1000 design may do so by referencing the AP1000 design certification rule (DCR). This proposed DCR is nearly identical to the AP600 DCR in the current regulations. The applicant for certification of the AP1000 design is Westinghouse Electric Company LLC (Westinghouse). The public is invited to submit comments on this proposed DCR and the AP1000 design control document (DCD) that would be incorporated by reference into the DCR. The NRC also invites the public to submit comments on the environmental assessment for the AP1000 design.

This document corrects final regulations, (TD 9192) that were published in the Federal Register on Tuesday, March 22, 2005 (70 FR 14395), that govern the application of section 108 when a member of a consolidated group realizes discharge of indebtedness income.

This action proposes to establish new Class E airspace at Chalkyitsik, AK. Two new Standard Instrument Approach Procedures (SIAP) are being published for the Chalkyitsik Airport. There is no existing Class E airspace to contain aircraft executing the new instrument approaches at Chalkyitsik, AK. Adoption of this proposal would result in the establishment of Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at Chalkyitsik, AK.

This action proposes to establish new Class E airspace at Kaltag, AK. Two new Standard Instrument Approach Procedures (SIAP) and two departure procedures are being published for the Kaltag Airport. There is no existing Class E airspace to contain aircraft executing instrument procedures at Kaltag, AK. Adoption of this proposal would result in the establishment of Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at Kaltag, AK.

This action proposes to establish Class D airspace, and to revise Class E airspace at Big Delta, Allen Army Airfield (AAF) Airport on Ft. Greeley, Alaska. The Department of the Army is proposing to establish an Airport Traffic Control Tower (ATCT) at Allen AAF Airport to support operations of the U. S. Army Space and Missile Defense Command. The intended effect of this action is to enhance safety and security by providing air traffic control services to an expected increase in aircraft operating at the airport due to an expanded homeland security mission at Ft. Greeley. New Class D airspace is required to provide ATCT services. Expanded Class E airspace is needed to contain aircraft executing instrument approach and departure procedures and to align with the proposed Class D airspace.

This final rule will revise Class E airspace at Blanding, UT. This additional Class E airspace is necessary to accommodate the new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedure (SIAP) at Blanding Airport. This change will improve the safety of Instrument Flight Rules (IFR) aircraft executing the new RNAV GPS SIAP at Blanding Airport, Blanding, UT.

This proposal would revise the Class E airspace at Cheyenne, WY. New aircraft routes sequenced through this airspace from the en route environment to/from Denver's metropolitan airports have made this proposal necessary. This proposed increase of controlled airspace extending upward from 1,200 feet above the surface of earth is necessary for the safety of those aircraft transitioning to/from Denver's metropolitan airports and the en route environment.

The Coast Guard is changing the operating regulations that govern the operation of the SR 175 Bridge, at mile 3.5, at Chincoteague, Virginia. The final rule will require the draw to open on demand from midnight to 6 a.m., and on the hour from 6 a.m. to midnight, except from 7 a.m. to 5 p.m. on the last consecutive Wednesday and Thursday in July of every year, the draw need not be opened. This change will reduce vehicular traffic congestion, increasing public safety and will extend the structural and operational integrity of the movable span, while still balancing the needs of marine and vehicular traffic.

The Environmental Protection Agency (EPA) Region 2 is issuing this notice of intent to delete the RCA Del Caribe Superfund Site (Site), located in Barceloneta, Puerto Rico, from the National Priorities List (NPL) and requests public comment on this action. The NPL is appendix B of 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) of 1980, as amended. The EPA and the Commonwealth of Puerto Rico, through the Puerto Rico Environmental Quality Board, have determined that the release poses no significant threat to public health or the environment and, therefore, taking of remedial measures is not appropriate. In the ``Rules and Regulations'' section of today's Federal Register, we are publishing a direct final notice of deletion of the RCA Del Caribe Superfund Site without prior notice of this action because we view this as a noncontroversial revision and anticipate no significant adverse comment. We have explained our reasons for this deletion in the preamble to the direct final deletion. If we receive no significant adverse comment(s) on this notice of intent to delete or the direct final notice of deletion, we will not take further action on this notice of intent to delete. If we receive significant adverse comment(s), we will withdraw the direct final notice of deletion and it will not take effect. We will, as appropriate, address all public comments. If, after evaluating public comments, EPA decides to proceed with deletion, we will do so in a subsequent final deletion notice based on this notice of intent to delete. We will not institute a second comment period on this notice of intent to delete. Any parties interested in commenting must do so at this time. For additional information, see the direct final notice of deletion which is located in the Rules section of this Federal Register.

The Secretary of Health and Human Services is proposing rules for the imposition of civil money penalties on entities that violate rules adopted by the Secretary to implement the Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191 (HIPAA). The proposed rule would amend the existing rules relating to the investigation of noncompliance to make them apply to all of the HIPAA Administrative Simplification rules, rather than exclusively to the privacy standards. It would also amend the existing rules relating to the process for imposition of civil money penalties. Among other matters, the proposed rules would clarify and elaborate upon the investigation process, bases for liability, determination of the penalty amount, grounds for waiver, conduct of the hearing, and the appeal process.