June 3, 2005 – Federal Register Recent Federal Regulation Documents

Suspension of Community Eligibility
Document Number: 05-11119
Type: Rule
Date: 2005-06-03
Agency: Federal Emergency Management Agency, Department of Homeland Security
This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date.
Revocation of VOR Federal Airway V-623
Document Number: 05-11113
Type: Rule
Date: 2005-06-03
Agency: Federal Aviation Administration, Department of Transportation
This action revokes VOR Federal Airway V-623 that extends from the Sparta, NJ, Very High Frequency Omnidirectional Range/Tactical Air Navigation (VORTAC) to the Carmel, NY, Very High Frequency Omnidirectional Range/Distance Measuring Equipment (VOR/DME). The FAA is taking this action due to unsatisfactory navigation signal coverage.
Work Activity of Persons Working as Members of Advisory Committees Established Under the Federal Advisory Committee Act (FACA)
Document Number: 05-11074
Type: Proposed Rule
Date: 2005-06-03
Agency: Social Security Administration, Agencies and Commissions
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.
Airworthiness Directives; Airbus Model A300 B4-600, B4-600R, and F4-600R Series Airplanes, and Model C4-605R Variant F Airplanes (Collectively Called A300-600 Series Airplanes); and Model A310 Series Airplanes
Document Number: 05-11062
Type: Proposed Rule
Date: 2005-06-03
Agency: Federal Aviation Administration, Department of Transportation
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.
Airworthiness Directives; Airbus Model A321 Series Airplanes
Document Number: 05-11061
Type: Proposed Rule
Date: 2005-06-03
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus Model A321 series airplanes. This proposed AD would require repetitive measurements for correct control rod gap of the hold-open mechanism of all emergency doors, and corrective actions if necessary. This proposed AD would also require replacing the control rods with new, improved control rods, which would terminate the repetitive measurements. This proposed AD is prompted by a report that an operator found it impossible to lock emergency doors 2 and 3 in the open position. We are proposing this AD to prevent failure of the emergency doors to lock in the open position, which could interfere with passenger evacuation during an emergency.
Airworthiness Directives; Saab Model SAAB 2000 Series Airplanes
Document Number: 05-11060
Type: Proposed Rule
Date: 2005-06-03
Agency: Federal Aviation Administration, Department of Transportation
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.
Airworthiness Directives; Short Brothers Model SD3 Series Airplanes
Document Number: 05-11059
Type: Proposed Rule
Date: 2005-06-03
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to supersede an existing airworthiness directive (AD) that applies to all Short Brothers Model SD3-30 and SD3- 60 series airplanes equipped with certain fire extinguishers. The existing AD currently requires replacement of the covers for fire extinguisher adapter assemblies that are installed on certain bulkheads with new covers that swivel to lock the extinguishers in place; and replacement of nozzles and triggers on these fire extinguishers with better fitting nozzles and stronger triggers. The existing AD also currently requires the installation of new fire extinguisher point placards and a revision of the Airplane Flight Manual (AFM) to instruct the flightcrew in the use of the new covers for these adapter assemblies. This proposed AD would also require modification of the fire extinguishing point adapter assembly of the forward and aft baggage bays as applicable. This proposed AD also would add airplanes to the applicability. For these new airplanes, this proposed AD would require a revision to the AFM for instructions on using the new fire extinguisher adapter. This proposed AD is prompted by reports of individuals experiencing fire extinguishant blowback when the extinguishant discharges through the fire extinguishing point adapters. We are proposing this AD to prevent fire extinguishant blowback, which could result in injury to a person using the fire extinguisher in the event of a fire.
Airworthiness Directives; Boeing Model 737-100, -200, -200C, -300, -400, and -500 Series Airplanes
Document Number: 05-11051
Type: Proposed Rule
Date: 2005-06-03
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for all Boeing Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This proposed AD would require operators to examine the airplane's maintenance records to determine if the main landing gear (MLG) has been overhauled and if Titanine JC5A (also known as Desoto 823E508) corrosion-inhibiting compound (``C.I.C.'') was used during the overhaul. For airplanes for which the maintenance records indicate that further action is necessary, or for airplanes on which C.I.C. JC5A may have been used during manufacture, this proposed AD would require a one-time detailed inspection for discrepancies of certain components of the MLG, and corrective action if necessary. This proposed AD is prompted by twelve reports of severe corrosion on one or more of three components of the MLG. We are proposing this AD to prevent collapse of the MLG, or damage to hydraulic tubing or the aileron control cables, which could result in possible departure of the airplane from the runway and loss of control of the airplane.
Airworthiness Directives; Boeing Model 767 Series Airplanes Powered by General Electric or Pratt & Whitney Engines
Document Number: 05-11050
Type: Proposed Rule
Date: 2005-06-03
Agency: Federal Aviation Administration, Department of Transportation
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.
Airworthiness Directives; Boeing Model 777-200 and -300 Series Airplanes
Document Number: 05-11049
Type: Proposed Rule
Date: 2005-06-03
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 777-200 and -300 series airplanes. This proposed AD would require repetitive detailed inspections of the forward lugs of the power control unit (PCU), yoke assembly, and forward attachment hardware of the left inboard, left outboard, right inboard, and right outboard flaperon PCUs; and other specified/ corrective actions if necessary. For certain airplanes, the proposed AD also would require other related concurrent actions. This proposed AD is prompted by reports indicating that operators have found worn, fretted, and fractured bolts that attach the yoke assembly to the flaperon PCU. We are proposing this AD to prevent damage and eventual fracture of the yoke assembly, pin assembly, and attachment bolts that connect the inboard and outboard PCUs to a flaperon, which could lead to the flaperon becoming unrestrained and consequently departing from the airplane. Loss of a flaperon could result in asymmetric lift and reduced roll control of an airplane. A departing flaperon could also cause damage to the horizontal and vertical stabilizers, which could result in loss of control of the airplane if damage is significant.
Airworthiness Directives; Airbus Model A300 B2 and B4 Series Airplanes
Document Number: 05-11048
Type: Rule
Date: 2005-06-03
Agency: Federal Aviation Administration, Department of Transportation
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.
Airworthiness Directives; McDonnell Douglas Model MD-11 and -11F Airplanes; Model DC-10-10 and DC-10-10F Airplanes; Model DC-10-15 Airplanes; Model DC-10-30 and DC-10-30F (KC-10A and KDC-10) Airplanes; Model DC-10-40 and DC-10-40F Airplanes; and Model MD-10-10F and MD-10-30F Airplanes
Document Number: 05-11047
Type: Proposed Rule
Date: 2005-06-03
Agency: Federal Aviation Administration, Department of Transportation
The FAA withdraws a notice of proposed rulemaking (NPRM) that proposed a new airworthiness directive (AD) for certain McDonnell Douglas transport category airplanes. The proposed AD would have required replacement with new, improved parts of the inboard flap, outboard hinge, forward attach bracket, and lower attach bolt assemblies. The proposed AD also would have required an inspection for certain parts, and related investigative and corrective actions if necessary. Since the proposed AD was issued, we have confirmed data indicating that an existing AD adequately addresses the unsafe condition. Accordingly, the proposed AD is withdrawn.
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 Series Airplanes
Document Number: 05-11046
Type: Proposed Rule
Date: 2005-06-03
Agency: Federal Aviation Administration, Department of Transportation
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.
American Battle Monuments Commission Policies on Overseas Memorials
Document Number: 05-11040
Type: Rule
Date: 2005-06-03
Agency: American Battle Monuments Commission, Agencies and Commissions
The American Battle Monuments Commission (ABMC) is updating its regulations on overseas memorials in order to reflect actual practice and current statutory requirements.
New Animal Drugs; Change of Sponsor
Document Number: 05-11031
Type: Rule
Date: 2005-06-03
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect a change of sponsor for 16 approved new animal drug applications (NADAs) from Purina Mills, Inc., to Virbac AH, Inc.
New Animal Drugs; Change of Sponsor's Name
Document Number: 05-11030
Type: Rule
Date: 2005-06-03
Agency: Food and Drug Administration, Department of Health and Human Services
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.
Residence and Source Rules involving U.S. Possessions and Other Conforming Changes; Correction
Document Number: 05-11029
Type: Rule
Date: 2005-06-03
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document corrects temporary regulations (TD 9194) that were published in the Federal Register on Monday, April 11, 2005 (70 FR 18920). The temporary regulations provide rules under section 937(a) of the Internal Revenue Code (Code) for determining whether an individual is a bona fide resident of the following U.S. possessions: American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands. The temporary regulations also provide rules under section 937(b) for determining whether income is derived from sources within a U.S. possession and whether income is effectively connected with the conduct of a trade or business within a U.S. possession. In addition, the temporary regulations provide updated guidance under certain other Code sections to reflect changes made by the Tax Reform Act of 1986 and by the American Jobs Creation Act of 2004.
Revised Regulations Concerning Disclosure of Relative Values of Optional Forms of Benefit; Hearing
Document Number: 05-11028
Type: Proposed Rule
Date: 2005-06-03
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
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.
Rule Concerning Disclosures Regarding Energy Consumption and Water Use of Certain Home Appliances and Other Products Required Under the Energy Policy and Conservation Act (“Appliance Labeling Rule”)
Document Number: 05-11026
Type: Rule
Date: 2005-06-03
Agency: Federal Trade Commission, Agencies and Commissions
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.
Onions Grown in Certain Designated Counties in Idaho, and Malheur County, OR; Decreased Assessment Rate
Document Number: 05-11023
Type: Rule
Date: 2005-06-03
Agency: Agricultural Marketing Service, Department of Agriculture
This rule decreases the assessment rate established for the Idaho-Eastern Oregon Onion Committee (Committee) for the 2005-2006 and subsequent fiscal periods from $0.105 to $0.10 per hundredweight of onions handled. The Committee locally administers the marketing order which regulates the handling of onions grown in designated counties in Idaho, and Malheur County, Oregon. Authorization to assess onion handlers enables the Committee to incur expenses that are reasonable and necessary to administer the program. The fiscal period begins July 1 and ends June 30. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Federal Acquisition Regulation; Small Business Credit for Alaskan Native Corporations and Indian Tribes
Document Number: 05-10935
Type: Proposed Rule
Date: 2005-06-03
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to implement section 702 of Public Law 107-117, as amended by section 3003 of Public Law 107-206 (43 U.S.C. 1626). The law permits subcontracts awarded to certain Alaskan Native Corporations (ANCs) to be counted towards a contractor's goals for subcontracting with small business (SB) and small disadvantaged business (SDB) concerns. The law also permits Indian tribes to be counted towards a contractor's goal for subcontracting with SB.
General Services Administration Acquisition Regulation; Veteran and Service-Disabled Veteran-Owned Small Business Goals in Subcontracting Plans
Document Number: 05-10934
Type: Rule
Date: 2005-06-03
Agency: General Services Administration, Agencies and Commissions
The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) in order to be consistent with the Federal Acquisition Regulation (FAR), to update GSAR clauses pertaining to subcontracting plans to include veteran-owned and service-disabled veteran-owned small businesses.
Negotiated Service Agreements
Document Number: 05-10913
Type: Rule
Date: 2005-06-03
Agency: Postal Rate Commission, Agencies and Commissions
This document adopts rules on procedures related to negotiated service agreements. The rules are designed to assist in clarifying the type of requests that qualify as extensions and the type of conditions that constitute modifications. Relative to the proposed rules, the final set of rules reflect several changes based on consideration of comments. These changes include adoption of deadlines for issuance of a recommended decision.
Ocean Disposal; Designation of Dredged Material Disposal Sites in Central and Western Long Island Sound, CT
Document Number: 05-10847
Type: Rule
Date: 2005-06-03
Agency: Environmental Protection Agency
With the publication of this final rule, EPA is designating two open-water dredged material disposal sites, Central Long Island Sound (CLIS) and Western Long Island Sound (WLIS), for the disposal of dredged material from harbors and navigation channels in the Long Island Sound vicinity in the states of Connecticut and New York. This action is necessary to provide long-term, open-water, dredged material disposal sites as an alternative for the possible future disposal of such material. The basis for this action is described in a Final Environmental Impact Statement (FEIS) published by EPA in March 2004. The FEIS identifies designation of the CLIS and WLIS dredged material disposal sites as the preferred alternatives from the range of options considered. On September 12, 2003, EPA published in the Federal Register a proposed rule and a notice of availability of a Draft EIS (DEIS) for this action. These disposal site designations are subject to various restrictions designed to support the goal of terminating or reducing the disposal of dredged material into Long Island Sound, as explained below in subsection E. 3 of the Supplementary Information section. EPA has conducted the disposal site designation process consistent with the requirements of the Marine Protection, Research, and Sanctuaries Act (MPRSA), the Clean Water Act (CWA), the National Environmental Policy Act (NEPA), the Coastal Zone Management Act (CZMA), and other relevant statutes and regulations. Under NEPA, federal agencies prepare a public record of decision (ROD) at the time of their decision on any action for which an FEIS has been prepared. This Federal Register notice for the final rule will also serve as EPA's ROD for the site designations. The site designations are intended to be effective for an indefinite period of time. EPA has agreed, however, that use of the sites pursuant to these designations may be suspended or terminated in accordance with the Restrictions included in the final rule. The designation of these two disposal sites does not by itself authorize the disposal of dredged material from any particular dredging project at either site. The designation of the CLIS and WLIS disposal sites simply makes those sites available for use for the dredged material from a specific project if no environmentally preferable, practicable alternative for managing that dredged material exists, and if analysis of the dredged material indicates that it is suitable for open-water disposal. Thus, each proposed dredging project will be evaluated to determine whether there are practicable, environmentally preferable alternatives to open-water disposal. In addition, the dredged material from each proposed disposal project will be subjected to MPRSA and/or CWA sediment testing requirements to determine its suitability for possible open-water disposal at an approved site. Alternatives to open-water disposal that will be considered include upland disposal and beneficial uses such as beach nourishment. If environmentally preferable, practicable disposal alternatives exist, open-water disposal will not be allowed. In addition, the dredged material will undergo physical, chemical, and biological analysis to determine its suitability for open-water disposal. EPA will not approve dredged material for open- water disposal if it determines that the material has the potential to cause unacceptable adverse effects to the marine environment or human health. The review process for proposed disposal projects is discussed in more detail below and in the FEIS. As dredged material disposal sites designated by EPA under the MPRSA, CLIS and WLIS also will be subject to newly developed, detailed management and monitoring protocols to track site conditions and prevent the occurrence of unacceptable adverse effects. These management and monitoring protocols are described in the CLIS and WLIS Site Management and Monitoring Plans (SMMPs), which are incorporated in the FEIS as Appendix J. EPA is authorized to close or limit the use of these sites to further disposal activity if their use causes unacceptable adverse impacts to the marine environment or human health.
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