August 8, 2005 – Federal Register Recent Federal Regulation Documents

The Nuclear Regulatory Commission (NRC) has published a proposed rule on National Source Tracking of Sealed Sources for public comment (70 FR 43646; July 28, 2005). The public comment period runs from July 28 thru October 11, 2005. As part of the public comment process, the NRC plans to hold two transcribed public meetings to solicit comments on the proposed rule. During the comment period, comments may also be mailed to the NRC or submitted via fax or e-mail. The meetings are open to the public and all interested parties may attend. The first meeting will be held at the NRC in Rockville, MD. The second meeting will be held at the offices of the Texas Department of State Health Services in Houston, TX.

The final rule implementing Amendment 13 and the interim final rule implementing Framework Adjustment (Framework) 40-A to the Northeast (NE) Multispecies Fishery Management Plan (FMP) contained several inadvertent errors and omissions. The intent of this proposed rule is to correct these inadvertent errors and omissions, clarify specific regulations to maintain consistency with and accurately reflect the intent of Amendment 13 and Framework 40-A, and seek comment on these proposed corrections and clarifications. This action is being taken by NMFS under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

We are amending the imported fire ant regulations by designating as quarantined areas all of 1 county in Arkansas and all or portions of 18 counties in Tennessee. As a result of this action, the interstate movement of regulated articles from those areas will be restricted. This action is necessary to prevent the artificial spread of imported fire ant to noninfested areas of the United States.

The Commander, Fifth Coast Guard District, has approved a temporary deviation from the regulations governing the operation of the Woodrow Wilson Memorial (I-95) Bridge, mile 103.8, across the Potomac River between Alexandria, VA and Oxon Hill, MD. This deviation allows the drawbridge to remain closed to navigation from 8 p.m. on August 12, 2005, to 5 a.m. on August 15, 2005, to facilitate the beltway shift of vehicular traffic for the new Woodrow Wilson Bridge construction project.

The Coast Guard is establishing a temporary safety zone during the construction of temporary aerial scaffolding, catwalk, superstructure suspension system, main cable wires, cable bands, and suspender ropes being used for the Tacoma Narrows Bridge construction project. The Coast Guard is taking this action to safeguard the public from hazards associated with the transport and construction of the cable wires and cable bands being used to construct the catwalk for the new bridge. Entry into this zone is prohibited unless authorized by the Captain of the Port, Puget Sound or his designated representatives.

EPA is proposing to take direct final action approving certain revisions to the State Implementation Plan (SIP) as submitted by the Governor of North Dakota with a letter dated April 11, 2003. The revisions affect certain portions of air pollution control rules regarding permitting and prevention of significant deterioration. 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 Agency views this as a noncontroversial SIP revision and anticipates no adverse comments. A detailed rationale for the approval is set forth in the preamble to the direct final rule. If EPA receives no adverse comments, EPA will not take further action on this proposed rule. If EPA receives adverse comments, EPA will withdraw the direct final rule and it will not take effect. EPA will address all public comments in a subsequent final rule based on this proposed rule. 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 EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment.

This document reopens the public comment periodof EPA's proposal to revoke 34 exemptions from the requirement of a tolerance that are associated with 31 inert ingredients because, according to Agency records, these substances are no longer contained in active Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) pesticide product registrations (70 FR 31401, June 1, 2005).

The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus airplane models, as specified above. This proposed AD would require installing electro-pneumatic locking bar devices (TRAS lock systems) in the engine nacelles, installing a dedicated and shielded electrical circuit that is segregated from the existing thrust reverser control system, and performing related investigative/ corrective actions if necessary. This proposed AD is prompted by the manufacturer's reassessment of the thrust reverser systems in the Airbus airplane models specified above, which showed that the thrust reverser could inadvertently deploy in flight under certain conditions. We are proposing this AD to prevent inadvertent deployment of thrust reversers in flight, which could result in reduced controllability of the airplane.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain EMBRAER Model EMB-135 airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes. The existing AD currently requires repetitive inspections of the spring cartridges of the elevator gust lock system to determine if the lock washer projection correctly fits the slots in the cartridge flange, and corrective action if necessary. The existing AD also provides for interim optional terminating action for the repetitive inspections for certain airplanes. This proposed AD would retain the requirements of the existing AD, and provide for final terminating action for all affected airplanes. This proposed AD is prompted by reports of an improperly fitting lock washer causing the clevis of the spring cartridge in the electromechanical elevator gust lock system to become unscrewed. We are proposing this AD to prevent unscrewing of the spring cartridge clevis from jamming the elevator, which could lead to reduced controllability of the airplane.

The FAA proposes to adopt a new airworthiness directive (AD) for certain smoke detectors installed on various transport category airplanes. This proposed AD would require replacing the affected smoke detectors with modified smoke detectors. This proposed AD is prompted by a report indicating that the affected smoke detectors can ``lock up'' during electrical power transfer from the auxiliary power unit to the engines. We are proposing this AD to identify and provide corrective action for a potentially inoperative smoke detector and to ensure that the flightcrew is alerted in the event of a fire.

This amendment adopts a new airworthiness directive (AD) for Bell Helicopter Textron (Bell) Model 206A and 206B helicopters modified by Aeronautical Accessories, Inc. Supplemental Type Certificate (STC) SH1392SO with certain part-numbered high crosstubes. This amendment requires inspecting at specified time intervals and replacing any cracked crosstubes. This amendment is prompted by the discovery of a cracked high forward crosstube. The actions specified by this AD are intended to detect a crack in the crosstube which could lead to failure of the crosstube, collapse of the landing gear, and subsequent loss of control of the helicopter.

This action proposes to establish Class C airspace at the Orlando Sanford International Airport (SFB), FL; revoke the existing Sanford, FL, Class D airspace area; and modify the existing Orlando International Airport (MCO), FL, Class B airspace area. The FAA is proposing this action to improve the flow of air traffic, enhance safety, and reduce the potential for midair collision in the Orlando, FL, terminal area.

The Coast Guard Captain of the Port Puget Sound published in the Federal Register of December 10, 2004, a final rule concerning security zones for the protection of military cargo loading and unloading operations in the navigable waters of Puget Sound. Wording in Sec. 165.1321(c)(3) is being corrected to fix a typographical error in the latitude and longitude of the last point listed in the security zone. This document makes this correction.

The Commander, First Coast Guard District, has issued a temporary deviation from the drawbridge operation regulations to test an alternate drawbridge operation regulation for the Meadowbrook State Parkway Bridge, at mile 12.8, across Sloop Channel, New York. Under this temporary 90-day deviation the bridge will open on signal once an hour, on the hour, between 7 a.m. and 8 p.m., on Saturday, Sunday, and Federal holidays after a 30-minute advance notice is given. At all other times the bridge will open on signal after a 30-minute advance notice is given by calling the number posted at the bridge.

This final rule amends NHTSA's regulation on service of process on foreign manufacturers and importers to clarify existing regulatory requirements by rephrasing the regulation in a plain language, question and answer format and inserting an appendix containing a suggested designation form for use by foreign manufacturers and their agents. It also will enhance communications between foreign manufacturers and the agency by spelling out existing requirements for providing notice to NHTSA of changes in company name, address and product names, and changing the office to which foreign manufacturers must submit designation and related documents to reflect organizational changes occurring since the regulation was adopted.

This action revokes Restricted Area R-7104, Vieques Island, PR. The U.S. Navy weapons range on Vieques Island has been permanently closed; therefore, restricted airspace is no longer required at that location. The FAA is taking this action to return restricted airspace to the National Airspace System.

This document amends the applicability date of final regulations under sections 883(a) and (c) (TD 9087) which were published in the Federal Register on August 26, 2003 (68 FR 51394). Those final regulations relate to income derived by a foreign corporation from the international operation of ships or aircraft.

This proposed rule would refine the resource-based practice expense relative value units (PE RVUs) and propose changes to payment based on supplemental survey data for practice expense and revisions to our methodology for calculating practice expense RVUs, as well as make other proposed changes to Medicare Part B payment policy. We are also proposing policy changes related to revisions to malpractice RVUs, in addition to revising the list of telehealth services. In this proposed rule, we also discuss multiple procedure payment reduction for diagnostic imaging, and several coding issues. We are proposing these changes to ensure that our payment systems are updated to reflect changes in medical practice and the relative value of services. This proposed rule also discusses geographic locality changes; payment for covered outpatient drugs and biologicals; supplemental payments to federally qualified health centers (FQHCs); payment for renal dialysis services; the national coverage decision (NCD) process; coverage of screening for glaucoma; private contracts; and physician referrals for nuclear medicine services and supplies to health care entities with which they have financial relationships. In addition, we include discussions on payment for teaching anesthesiologists, the therapy cap, the chiropractic demonstration and the Sustainable Growth Rate (SGR).