April 2005 – Federal Register Recent Federal Regulation Documents

This notice proposes special conditions 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. These design features include side stick controllers, a body landing gear in addition to conventional wing and nose landing gears, electronic flight control systems, and flight envelope protection. These proposed special conditions also pertain to the effects of such novel or unusual design features, such as their effects on the structural performance of the airplane. Finally, the proposed special conditions pertain to the effects of certain conditions on these novel or unusual design features, such as the effects of high intensity radiated fields (HIRF) or of operation without normal electrical power. Additional special conditions will be issued for other novel or unusual design features of the Airbus A380-800 airplanes. A list is provided in the section of this document entitled ``Discussion of Novel or Unusual Design Features.''

This action amends Class E5 airspace at Parsons, TN. The Beech River Regional Airport is being constructed at Parsons, TN. As a result, airspace must be established to contain the Area Navigation (RNAV) Global Positioning System (GPS) Runway (RWY) 19 Standard Instrument Approach Procedure (SIAP) to Beech River Regional Airport. Controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain the SIAP.

The EPA is approving the State Implementation Plan (SIP) revisions submitted by the State of Georgia, through the Georgia Environmental Protection Division (GAEPD), on December 18, 2003. These revisions pertain to rules for Enhanced Inspection and Maintenance (I/ M). These revisions were the subject of a public hearing held on November 5, 2003, adopted by the Board of Natural Resources on December 3, 2003, and became State effective on December 25, 2003.

EPA is approving a State Implementation Plan (SIP) revision for the State of Texas for the 15% Rate-of-Progress Plan (ROP) and 15% ROP Motor Vehicle Emissions Budget (MVEB) for the Dallas/Fort Worth (DFW) ozone nonattainment area. This plan shows planned emission reductions required by the Clean Air Act (Act) from 1990 to 1996 to improve air quality in the Dallas/Fort Worth Area. The reductions are from the 1990 base year emissions inventory. The MVEBs are used for determining conformity of transportation projects to the SIP. This action satisfies the Act's requirements for an ozone nonattainment area's 15% Rate-of-Progress Plan and approves the MVEBs under the ROP Plan.

The EPA is proposing to take direct final action on revisions to the Texas State Implementation Plan (SIP). This rulemaking covers eight Agreed Orders with six companies in the Beaumont/Port Arthur (B/ PA) ozone nonattainment area. We are approving the eight Agreed Orders between the State of Texas and the six companies in Southeast Texas as a strengthening of the Texas SIP. These Agreed Orders will contribute to the improvement in air quality in the B/PA nonattainment area and will continue to contribute to the maintenance of the ozone standard in the southeastern portion of the State of Texas. The EPA is proposing to approve this SIP in accordance with the requirements of the Federal Clean Air Act (the Act), sections 110 and 116. In the ``Rules and Regulations'' section of this Federal Register, EPA is approving the State's SIP Revision as a direct final rule without prior proposal because the EPA views this as a noncontroversial revision and anticipates no adverse comment. The EPA has explained its reasons for this approval in the preamble to the direct final rule. If EPA receives no relevant adverse comments, the EPA will not take further action on this proposed rule. If the EPA receives relevant adverse comment, EPA will withdraw the direct final rule and it will not take effect. The EPA will address all public comments in a subsequent final rule based upon this proposed rule. The EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. Please note that if we receive significant adverse comments on an amendment, paragraph or section of this rule and if that provision is independent of the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of an adverse comment.

This document adopts as a final rule, without change, an interim final rule concerning pooling provisions of the Pacific Northwest Federal milk order. More than the required number of producers for the Pacific Northwest marketing area approved the issuance of the final order amendments.

The General Services Administration (GSA) is proposing to amend the General Services Acquisition Regulation (GSAR) to add a new subpart and clause required by the Department of Veterans Affairs (VA), consistent with Congressional intent under Section 603 of the Veterans Health Care Act of 1992 (VHCA) that certain Federal agencies (i.e., VA, Department of Defense (DoD), Public Health Service (including the Indian Health Service), and the Coast Guard) have access to Federal pricing for pharmaceuticals purchased for their beneficiaries. GSA is responsible for the schedules program and rules related to its operation. Under GSA's delegation of authority, the VA procures medical supplies under the VA Federal Supply Schedule program. VA and DoD seek this amendment. This new subpart adds a clause unique to the virtual depot system established by a Federal Agency Retail Pharmacy Program utilizing contracted retail pharmacies as part of a centralized pharmaceutical commodity management program. At this time, only DoD has a program in place, and the rule would facilitate DoD's access to Federal pricing offered on Federal Supply Schedule (FSS) pharmaceutical contracts for covered drugs purchased by DoD and dispensed to TRICARE beneficiaries through retail pharmacies in the TRICARE network.

The Department of the Army is publishing our rule concerning motor vehicle traffic supervision. The regulation prescribes policies and procedures on motor vehicle traffic supervision on military installations in the continental United States and overseas areas, including registration of privately owned vehicles; granting, suspending, or revoking the privilege to operate a privately owned vehicle on a military installation; administration of the vehicle registration program; driver improvement programs; police traffic supervision; and off-installation traffic activities.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update requirements for use of the Governmentwide commercial purchase card for actions at or below the micro-purchase threshold. This proposed rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update text pertaining to socioeconomic considerations in DoD contracting. This proposed rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update text pertaining to contract administration and audit services. This proposed rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update text addressing administrative matters related to contract placement. This proposed rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.

The General Services Administration (GSA) is requesting comments from both Government and industry on whether the General Services Administration Acquisition Regulation (GSAR) should be revised to include a waiver of consequential damages for contracts awarded for commercial items under the FAR. GSA is also requesting comments on whether ``post award'' audit provisions should be included in its Multiple Award Schedules (MAS) contracts and Governmentwide acquisition contracts (GWACs). GSA is further amending the correction notice published in the Federal Register at 70 FR 13005, March 17, 2005, to add the following: In addition, GSA is interested in receiving comments on whether the Examination of Records clause at GSAR 552.215-71 should be modified to reinstate post-award access to and the right to examine records to verify that preaward/modification pricing, sales, or other data related to the supplies or services offered under a contract which formed the basis for an award/modification was accurate, current, and complete. The notice published in the Federal Register at 70 FR 12167, March 11, 2005, is amended to extend the public comment date to May 10, 2005, and to allow interested parties to submit presentations by April 7, 2005.

This action proposes to establish one low altitude area navigation (RNAV) route in Alaska to support the Alaskan Capstone Program. The FAA is proposing this action to enhance safety and improve the efficient use of the navigable airspace in Alaska.

The Environmental Protection Agency will hold a public meeting to discuss specific issues associated with the development of regulations for storm water discharges from oil and gas construction activities. The intent of the public meeting is to provide an opportunity for stakeholders to participate in an open discussion of the technical issues associated with controlling storm water discharges from oil and gas construction activities. The meeting is designed to facilitate an exchange of information between interested parties and EPA on critical technical and procedural issues relating to a proposed rulemaking. The Agency expects to consider the information provided in its technical analysis for developing a framework for regulating storm water discharges from oil and gas construction sites. To structure the meeting, EPA will give several presentations, which will then be followed by a question and comment period from the participants.

The Coast Guard is establishing permanent moving and fixed security zones extending 100 yards in the U.S. navigable waters around and under all cruise ships, tankers, and High Interest Vessels (HIVs) that enter, are moored or anchored in, or depart from the designated waters of Monterey Bay or Humboldt Bay, California. These security zones are needed for national security reasons to protect the public and ports of Monterey Bay and Humboldt Bay from potential subversive acts. Entry into these security zones is prohibited, unless specifically authorized by the Captain of the Port San Francisco Bay, or his designated representative.

This amendment adopts miscellaneous amendments to the required IFR (instrument flight rules) altitudes and changeover points for certain Federal airways, jet routes, or direct routes for which a minimum or maximum en route authorized IFR altitude is prescribed. This regulatory action is needed because of changes occurring in the National Airspace System. These changes are designed to provide for the safe and efficient use of the navigable airspace under instrument conditions in the affected areas.

The Coast Guard proposes to modify the permanent safety zone for the annual Macy's July 4 fireworks display. The modification is required to accommodate an added fireworks discharge site near Liberty Island, and necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in portions of the East River, Hudson River, and Upper New York Bay during the duration of the Macy's July 4 fireworks event.

This action amends title 14 code of Federal Regulations, part 71 (14 CFR 71) by revising Class E airspace at Washington, KS. A review of the Class E airspace area extending upward from 700 feet above ground level (AGL) at Washington, KS revealed it is not in compliance with established airspace criteria. This airspace area is enlarged and its extension modified to conform to FAA Orders. The intended effect of this rule is to provide controlled airspace of appropriate dimensions to protect aircraft departing from and executing Standard Instrument Approach Procedures (SIAPs) to Washington County Memorial Airport. The area is modified and enlarged to conform to the criteria in FAA Orders.

This document proposes special conditions for Airbus Models A318-121 and A318-122 airplanes equipped with Pratt and Whitney PW6000 engines. These airplanes will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes, associated with engine size and torque load, which affects sudden engine stoppage. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed 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.

This action removes the description of the Class E airspace designated for Millard Airport, Annville, PA; Carlisle Airport, Carlisle, PA; Muir AAF, Fort Indiantown Gap, PA; Lancaster Airport, Lancaster, PA; Donegal Springs Airpark, Marietta, PA; Decks Airport, Myerstown, PA; Keller Brothers Airport, Lebanon, PA; York Airport, York, PA. The affected Class E-5 airspace for the airports included in these descriptions will be consolidated into the amended Harrisburg, PA airspace description contained in Docket No. FAA-2005-20057, Airspace Docket No. 05-AEA-01, effective July 7, 2005.

This action removes 32 CFR Part 527, Personnel Check Cashing Control and Abuse Prevention, published in the Federal Register, May 27, 1988 (53 FR 19286). The rule is being removed because it is obsolete and no longer governs policies to control and prevent abuse of check-chasing privileges on Army installations. The program responsibility has been transferred to the Office of the Comptroller of the Department of Defense.

The FAA proposes to supersede an existing airworthiness directive (AD) for certain Boeing Model 747 series airplanes. That AD currently requires repetitive inspections to detect cracks in various areas of the fuselage internal structure, and repair if necessary. This proposed AD would require repetitive inspections of additional areas of the fuselage internal structure, and related investigative/corrective actions if necessary. This proposed AD also would remove certain requirements from the existing AD. This proposed AD is prompted by the results of fatigue testing of the fuselage structure of a Boeing Model 747SR series airplane. We are proposing this AD to prevent the loss of the structural integrity of the fuselage, which could result in rapid depressurization of the airplane.

The FAA proposes to revise an existing airworthiness directive (AD) that applies to various transport category airplanes manufactured by McDonnell Douglas. The existing AD currently requires a one-time test of the fire extinguishers for the engine and auxiliary power unit (APU), as applicable, to determine the capability of the Firex electrical circuits to fire discharge cartridges, and troubleshooting actions if necessary. This proposed AD would remove certain transport category airplanes from the applicability of the existing AD. This proposed AD is prompted by reports indicating that fire extinguishers for the engine and auxiliary power unit had failed to discharge when commanded. We are proposing this AD to prevent failure of the fire extinguishers to fire discharge cartridges, which could result in the inability to put out a fire in an engine or in the APU.