June 3, 2005 – Federal Register Recent Federal Regulation Documents

We are proposing to revise our disability regulations under titles II and XVI of the Social Security Act to incorporate a new, special rule that would affect individuals who are receiving payments or providing services as members or consultants of a committee, board, commission, council or similar group established under the Federal Advisory Committee Act (FACA). Under this special rule, we would not count any earnings an individual is receiving from serving as a member or consultant of a FACA advisory committee when we determine if the individual is engaging in substantial gainful activity under titles II and XVI of the Social Security Act (the Act). In addition, we would not evaluate any of the services the individual is providing as a member or consultant of the FACA advisory committee when determining if the individual has engaged in substantial gainful activity under titles II and XVI of the Act. Based on our experience with FACA advisory committees and the frequency and level of activity required by these committees, we believe that performance of activity on these committees does not demonstrate the ability to perform substantial gainful activity. We believe this to be consistent with Congress's view as it has recognized in creating the Ticket to Work advisory committee, for example, that current disability beneficiaries should be considered for membership. This also will encourage individuals with disabilities to serve on FACA advisory committees, thereby providing the benefit of their unique perspective on policies and programs to the Federal Government.

The Food and Drug Administration (FDA) is publishing a list of premarket approval applications (PMAs) that have been approved by the Center for Biologics Evaluation and Research (CBER). This list is intended to inform the public of the availability of safety and effectiveness summaries of approved PMAs through the Internet and FDA's Division of Dockets Management.

Notice is hereby given that effective with this publication, the following NAD 83-based Outer Continental Shelf Official Protraction Diagrams last revised on the date indicated are the latest documents available. These diagrams are on file and available for information only, in the Alaska OCS Regional Office, Anchorage, Alaska. In accordance with Title 43, Code of Federal Regulations, these diagrams are the basic record of the marine cadastre in the geographic area they represent.

The FHWA is issuing this notice to advise the public that an Environmental Impact Statement (EIS) will be prepared for a proposed highway improvement project in south central Sussex County, Delaware.

The public is invited to comment on the following applications to conduct certain activities with endangered species and marine mammals.

The Minerals Management Service (MMS) is issuing this notice to advise the public, pursuant to the National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. 4321 et seq., that MMS intends to prepare an environmental assessment (EA) for proposed Outer Continental Shelf (OCS) oil and gas Lease Sale 198 in the Central Gulf of Mexico (GOM) (Lease Sale 198) scheduled for March 2006. The MMS is issuing this notice to facilitate public involvement. The preparation of this EA is an important step in the decision process for Lease Sale 198. The proposal and alternatives for Lease Sale 198 were identified by the MMS Director in January 2002 following the Call for Information and Nominations/Notice of Intent to Prepare an Environmental Impact Statement (EIS) and were analyzed in the Gulf of Mexico OCS Oil and Gas Lease Sales: 2003-2007; Central Planning Area Sales 185, 190, 194, 198, and 201; Western Planning Area Sales 187, 192, 196, and 200Final Environmental Impact Statement; Volumes I and II (Multisale EIS, OCS EIS/EA MMS 2002-052). This EA will reexamine the potential environmental effects of the proposed action (the offering of all available unleased acreage in the Central Planning Area (CPA)) and its alternatives (the proposed action excluding the unleased blocks near biologically sensitive topographic features; the proposed action excluding the unleased blocks within 15 miles of the Baldwin County, Alabama, coast; and no action) based on any new information regarding potential impacts and issues that were not available at the time the Multisale EIS was prepared.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus models, as specified above. This proposed AD would require modifying the aft pressure bulkhead for improved corrosion protection and drainage, and related concurrent actions. This proposed AD is prompted by severe corrosion found in the lower rim area of the aft pressure bulkhead during routine maintenance of an airplane. We are proposing this AD to prevent corrosion on the inner rim angle and cleat profile splice of the aft pressure bulkhead, which could result in the loss of airplane structural integrity.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Saab Model SAAB 2000 series airplanes. This proposed AD would require inspection for cracking of the fastener holes in the front and rear spar, modification of the fastener holes of the front and rear spars and the rear spar web, and related investigative/ corrective actions if necessary. This proposed AD is prompted by a report of cracking of certain fastener holes in the lower spar cap of the rear spar and in the lower skin at the front spar. We are proposing this AD to prevent cracking of the front and rear spar, which could result in fuel leakage and consequent reduced structural integrity of the wing structure.

Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (``ALJ's'') initial determination (``ID'') granting a joint motion to terminate the above-captioned investigation on the basis of a settlement agreement.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Boeing Model 767 series airplanes. The existing AD currently requires repetitive inspections to detect discrepancies of the eight aft-most fastener holes in the horizontal tangs of the midspar fitting of the strut, and corrective actions if necessary. That AD also provides an optional terminating action for the repetitive inspections. This proposed AD would add repetitive inspections for cracks of the closeout angle that covers the two aft-most fasteners in the lower tang of the midspar fitting, and related investigative and corrective actions if necessary. This proposed AD also would reduce the inspection interval of the upper tang of the outboard midspar fitting; and would provide an optional terminating action for the repetitive inspections. This proposed AD is prompted by a report of a crack in a closeout angle that covers the two aft-most fasteners in the lower tang of the midspar fitting; and the discovery of a crack in the lower tang of the midspar fitting under the cracked closeout angle. We are proposing this AD to prevent fatigue cracking in the primary strut structure and reduced structural integrity of the strut, which could result in separation of the strut and engine.

This document corrects a typographical error that appeared in airworthiness directive (AD) 2005-03-14, which was published in the Federal Register on February 14, 2005 (70 FR 7384). The typographical error resulted in an incorrect reference to an AD number. This AD is applicable to certain Airbus Model A300 B2 and B4 series airplanes. This AD supersedes an existing AD that currently requires determining the part and amendment number of the variable lever arm (VLA) of the rudder control system to verify that the parts were installed using the correct standard, and corrective actions if necessary. For certain VLAs, this new AD requires repetitive inspections of the VLA and corrective action if necessary. This new AD also provides a terminating action for the repetitive inspections. Furthermore, this new AD reduces the applicability of affected airplanes.

The FAA proposes to adopt a new airworthiness directive (AD) for all EMBRAER Model ERJ 170 series airplanes. This proposed AD would require inspecting the hydraulic pressure tubes at the outlet of the engine-driven hydraulic pumps to determine the part and serial numbers; and replacing hydraulic pressure tubes having certain serial numbers with new hydraulic pressure tubes. This proposed AD is prompted by failure of a hydraulic system due to leakage of hydraulic fluid from a crack in the pipe coming from the pressure side of the engine driven pump. We are proposing this AD to prevent cracking of the hydraulic pressure pipes, which could result in failure of hydraulic system 1 or 2 or both, and consequent reduced controllability of the airplane.

Over the last decade, there has been a large increase in the number of allografts (e.g., solid organs and other tissues) recovered from donors for use in transplants. Each year in the United States, over 25,000 solid organs are recovered, and over a million tissue allografts are distributed for life-saving transplantations, including bone, musculoskeletal, vascular, and corneal tissues. Organs and tissues are distributed to different settings: Organs are distributed to transplant services in hospitals, and tissues are distributed to tissue banks, biotechnology companies, and healthcare consignees, including hospitals, outpatient centers, and individual surgeons. A single donor with undetected infection potentially can infect over a hundred organ and tissue recipients located around the world. In addition, tissues may be stored for up to ten years; thus, infections may be transmitted to recipients many years after the death of the donor. Recent investigations have demonstrated severe infections and death from transmission of various agents from donors to recipients, including: Clostridia spp. (e.g., C. sordellii, C. perfringens, C. septicum), West Nile virus, Group A Streptococcus, Trypanosoma cruzi, Lymphocytic choriomeningitis virus, rabies virus, and others. A recent Institute of Medicine report highlighted the urgent need to detect infectious diseases among organ and tissue donor and transplant recipients. Recently, additional regulatory mechanisms have been put in place. For solid organs, through the Organ Procurement and Transplantation Network (OPTN), new standards have been put in place to detect and report adverse events among organ transplant recipients; for other tissues, there will be new FDA rules for organ and tissue procurement organizations (OPOs) and tissue banks, implemented May 1, 2005. Despite these new regulatory standards, challenges remain. A surveillance network for surveillance of allograft-associated infections that would enhance communication between public health officials and organizations responsible for recovering and processing tissues would have high potential as a tool for risk assessment and response, in collaboration with regulatory efforts.

The following applicants have applied for scientific research permits to conduct certain activities with endangered species pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Railroad Retirement Board (RRB) has submitted the following proposal(s) for the collection of information to the Office of Management and Budget for review and approval.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect a change of sponsor's name from Steris Laboratories, Inc., to Watson Laboratories, Inc.

This document contains a notice of public hearing on proposed regulations concerning content requirements applicable to explanations of qualified joint and survivor annuities and qualified preretirement survivor annuities payable under certain retirement plans.

The Federal Trade Commission (``Commission'') announces that the current ranges of comparability required by the Appliance Labeling Rule (``Rule'') for water heaters, room air conditioners, furnaces, boilers, and pool heaters will remain in effect until further notice. In addition, the Commission is revising Table 1 in Sec. 305.9 of the Rule to incorporate the latest figures for average unit energy costs published by the Department of Energy (``DOE'') this year and to update cost figures in Appendices H and I of the Rule. The Commission is also making technical amendments to Sec. 305.9 and Appendix E of the Rule to clarify the applicability of the cost figures in Table 1 to products covered by the Rule.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces the Agricultural Marketing Service's (AMS) intention to request approval from the Office of Management and Budget, for an extension of and revision to the currently approved information collection for the Farmers Market Questionnaire.