August 11, 2005 – Federal Register Recent Federal Regulation Documents

NMFS apportions amounts of the non-specified reserve of groundfish to the arrowtooth flounder initial total allowable catch (ITAC) in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the fishery to continue operating. It is intended to promote the goals and objectives of the fishery management plan for the BSAI.

This document denies a petition for rulemaking to amend the definition of frontal air bag system in Federal Motor Vehicle Safety Standard (FMVSS) No. 208, ``Occupant crash protection.'' NHTSA has addressed this issue in a recent final rule dated November 19, 2003, and in an interpretation letter dated July 19, 2004.

The OCC, Board, FDIC, and OTS (``we'' or ``the Agencies'') are reviewing our regulations to identify outdated, unnecessary, or unduly burdensome regulatory requirements pursuant to the Economic Growth and Regulatory Paperwork Reduction Act of 1996 (EGRPRA). Today, we request your comments and suggestions on ways to reduce burden in rules we have categorized as Banking Operations; Directors, Officers and Employees; and Rules of Procedure. All comments are welcome. We specifically invite comment on the following issues: whether statutory changes are needed; whether the regulations contain requirements that are not needed to serve the purposes of the statutes they implement; the extent to which the regulations may adversely affect competition; whether the cost of compliance associated with reporting, recordkeeping, and disclosure requirements, particularly on small institutions, is justified; whether any regulatory requirements are inconsistent or redundant; and whether any regulations are unclear. We will analyze the comments received and propose burden-reducing changes to our regulations where appropriate. Some of your suggestions for burden reduction might require legislative changes. Where legislative changes would be required, we will consider your suggestions in recommending appropriate changes to Congress.

EPA is proposing to approve the Maryland Department of the Environment's (MDE) request for delegation of authority to implement and enforce the Federal plan (68 FR 5144, January 31, 2003) for small municipal waste combustor (MWC) units under sections 111(d) and 129 of the Clean Air Act (the ``Act''). The request for delegation was submitted as a means to fulfill requirements of the Clean Air Act (the Act). In the Final Rules section of this Federal Register, EPA is approving Maryland's delegation request as a direct final rule without prior proposal because the Agency views this as a noncontroversial action and anticipate no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.

We are planning to update and revise the rules we use to evaluate endocrine disorders of adults and children who apply for, or receive, disability benefits under title II and Supplemental Security Income (SSI) payments based on disability under title XVI of the Social Security Act (the Act). The rules we plan on revising are sections 9.00 and 109.00 in the Listing of Impairments in appendix 1 to subpart P of part 404 of our regulations (the listings). We invite you to send us comments and suggestions for updating and revising these rules. After we have considered your comments and suggestions, as well as information about advances in medical knowledge, treatment, and methods of evaluating endocrine disorders, and our program experience, we intend to publish for public comment a Notice of Proposed Rulemaking (NPRM) that will propose specific revisions to the rules. As part of our long-term planning for the disability programs, we are also interested in your ideas about how we may be able to improve our programs for people who have endocrine disorders, especially those who would like to work.

The Department of the Navy is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (Admiralty and Maritime Law) has determined that USS SAN ANTONIO (LPD 17) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.

The Department of the Navy is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General of the Navy (Admiralty and Maritime Law) has determined that Landing Craft, Air Cushion (LCAC) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a Naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.

The Department of the Navy is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (Admiralty and Maritime Law) has determined that USS BAINBRIDGE (DDG 96) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.

This document makes a correction to Airworthiness Directive (AD) 2004-14-02. That AD applies to Rolls-Royce Corporation (formerly Allison Engine Company, Allison Gas Turbine Division, and Detroit Diesel Allison) models 250-C28, -C28B, and -C28C turboshaft engines with certain serial number (SN) third-stage turbine wheels, part number (P/N) 6899383. We published AD 2004-14-02 in the Federal Register on July 9, 2004 (69 FR 41389). The SUMMARY and the SUPPLEMENTAL INFORMATION paragraphs each have a sentence that is not clear. This document corrects these two sentences. In all other respects, the original document remains the same.

This provides notice of the Federal Subsistence Board's in- season management action to protect sockeye salmon escapement in the Copper River, while still providing for a subsistence harvest. The revised fishing schedule for the Chitina Subdistrict of the Copper River will provide an exception to the Subsistence Management Regulations for Public Lands in Alaska, published in the Federal Register on March 21, 2005. Those regulations established seasons, harvest limits, methods, and means relating to the taking of fish and shellfish for subsistence uses during the 2005 regulatory year.

The FAA proposes to adopt a new airworthiness directive (AD) for all McDonnell Douglas airplanes identified above. This proposed AD would require a one-time inspection of the aft attach fitting assembly of the spoiler link to determine the part number, and further investigative action and replacement of the assembly with a new or serviceable assembly, if necessary. This proposed AD results from a determination that the holes of certain aft attach fitting assemblies of the spoiler link were not cold-worked during production. We are proposing this AD to prevent fatigue cracking of the aft attach fitting of the spoiler link and consequent failure of the fitting. Failure of the fitting could result in an asymmetrical lift condition and consequent reduced controllability of the airplane.

This document corrects the e-mail address for submission of public comments on the proposed rule regarding the Farm Service Agency's (FSA's) Interest Assistance Program published June 22, 2005, and extends the comment period to ensure that all public comments are received by the Agency. The original comment period for the proposed rule closes on August 22, 2005, and FSA is extending it until September 6, 2005. Respondents who sent comments to the earlier e-mail address are encouraged to contact the person named below to find out if their comments were received and re-submit them to the e-mail address below if necessary.

This action modifies the Los Angeles (LAX), CA, Class B airspace. Specifically, this action expands the eastern boundary of the airspace to ensure containment of the LAX Standard Terminal Arrival Routes (STAR), and correct the inefficiencies of several existing areas identified during public meetings and Southern California TRACON (SCT) reviews of the airspace. The FAA is taking this action to improve the flow of air traffic, enhance safety, and reduce the potential for midair collision in the LAX Class B airspace, while accommodating the concerns of airspace users. Further, this effort supports the FAA's national airspace redesign goal of optimizing terminal and en route airspace to reduce aircraft delays and improve system capacity.

EPA is proposing to approve revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) and Monterey Bay Unified Air Pollution Control District (MBUAPCD) portions of the California State Implementation Plan (SIP). These revisions concern visible emissions of a variety of pollutants and sources. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

The FAA is revising an existing airworthiness directive (AD), which applies to certain Boeing Model 757-200, 757-200CB, and 757-200PF series airplanes. That AD currently requires repetitive inspections to detect horizontal or vertical movement of the shims at the joint of the mid-bulkhead and the upper link fittings; repetitive inspections for cracking of the mid-bulkhead; and corrective action if necessary. That AD also provides optional terminating action for the repetitive inspections. This AD continues to require the existing requirements and optional actions and clarifies certain terminating actions. This AD results from comments received in response to an existing AD, requesting clarification. We are issuing this AD to detect and correct migration of shims at the joint of the mid-bulkhead and the upper link fittings and cracking of the mid-bulkhead, which could result in cracking of the strut and consequent loss of the strut and engine.

This document contains a correction to final regulations that were published in the Federal Register on July 12, 2005 (70 FR 39920) regarding the LIFO recapture by corporations converting from C Corporations to S Corporations.

We, the Fish and Wildlife Service (Service), have re-evaluated the economic exclusions made to our previous final rule (68 FR 46683; August 6, 2003), which designated critical habitat pursuant to the Endangered Species Act of 1973, as amended (Act), for 4 vernal pool crustaceans and 11 vernal pool plants. A total of approximately 858,846 acres (ac) (347,563 hectares (ha)) of land are now designated critical habitat. This reflects exclusion of lands from the final designation for economic reasons, pursuant to section 4(b)(2) of the Act. This designation also reflects the lands previously confirmed for exclusion under 4(b)(2) of the Act for non-economic reasons (70 FR 11140; March 8, 2005). The non-economic exclusions include the boundaries of various Habitat Conservation Plans, National Wildlife Refuges and National fish hatchery lands (33,097 ac (13,394 ha)), State lands within ecological reserves and wildlife management areas (20,933 ac (8,471 ha)), Department of Defense lands within Beale and Travis Air Force Bases as well as Fort Hunter Liggett and Camp Roberts Army installations (64,259 ac (26,005 ha)), Tribal lands managed by the Mechoopda Tribe (644 ac (261 ha)), and the Santa Rosa Plateau Ecological Reserve (10,200 ac (4,128 ha)) from the final designation.

On October 27, 2004, President Bush signed the Economic Development Administration Reauthorization Act of 2004 (the ``2004 Act'') into law. The Economic Development Administration (``EDA'') publishes this interim final rule to reflect the amendments made to EDA's authorizing statute, the Public Works and Economic Development Act of 1965 (``PWEDA''), by the 2004 Act. In addition to tracking the statutory amendments to PWEDA, the interim final rule reflects EDA's current practices and policies in administering its economic development programs that have evolved since the promulgation of EDA's regulations. The interim final rule also reorders and re-titles certain parts of the existing regulations in a more logical sequence, expands the construction and use of defined terms, and presents information to the reader in a more concise and overall user-friendly format.