August 22, 2005 – Federal Register Recent Federal Regulation Documents

The FAA proposes to adopt a new airworthiness directive (AD) for all CENTRAIR 101 Series gliders. This proposed AD would require you to make pen and ink changes to the Limitations Section of the glider maintenance manual to eliminate contradictory information concerning the structural life limit. This proposed AD results from a review by FAA of the Limitations Section of the CENTRAIR Model 101AP glider maintenance manual that revealed conflicting information concerning the structural life limit. We are issuing this proposed AD to assure that the published life limit is adhered to and to prevent structural failure of the glider once this life limit is reached.

The Delaware River Basin Commission will hold a public hearing to receive comments on a proposed amendment to the Commission's Water Quality Regulations, Water Code, and Comprehensive Plan to extend the temporary classification of the Lower Delaware River as Significant Resource Waters. The temporary classification was enacted by Commission Resolution No. 2005-2 on January 19, 2005 following notice and comment rulemaking. Its effect was to make the Lower Delaware subject to all applicable provisions of the Commission's Special Protection Waters regulations, except those that depend for implementation upon the use of numeric values for existing water quality. Absent further amendment to extend the classification, it will expire on September 30, 2005. The Commission today proposes to extend that date by up to twelve months. The classification would thus expire on September 30, 2006 unless the Commission should either permanently classify the Lower Delaware River or once again extend the temporary classification by rule amendment prior to that date. The proposed extension is needed because before deciding whether or not to classify certain sections of the Lower Delaware River as Outstanding Basin Waters as originally proposed, and whether to make the temporary Special Protection Waters designation permanent for some or all of the Lower Delaware River, the Commission wishes to fully evaluate implementation options and establish numeric values for existing water quality based upon analysis of a five-year (2000-2004) data set, for which the final year of data only became available late in 2004. Extension of the temporary designation will protect the exceptional value of the Lower Delaware from degradation during the period required to complete this evaluation and conduct a notice and comment rulemaking process on the numeric values and permanent classification.

This final rule amends the Federal motor vehicle safety standard (FMVSS) for seat belt assemblies to redefine the requirements and to establish a new test methodology for emergency-locking retractors. Specifically, this final rule establishes a new acceleration-time corridor, adds a figure illustrating the new acceleration-time corridor, provides a tolerance on angle measurements, and adopts the same instrumentation specifications currently found in other FMVSSs containing crash tests.

The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 207, Airport Security Access Control Systems.

This action corrects a direct final rule; request for comments that was published in the Federal Register on Friday, July 29, 2005 (70 FR 43741) (FR Doc. 05-21707). It removes the reference to Class C Airspace at Lincoln, NE.

These special conditions are issued for the McDonnell Douglas Model MD-10-10F and MD-10-30F airplanes. These airplanes, as modified by the Federal Express Corporation, will have an advanced enhanced flight visibility system (EFVS). The EFVS is a novel or unusual design feature which consists of a head up display (HUD) system modified to display forward-looking infrared (FLIR) imagery. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These 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.

The Coast Guard proposes to revise the drawbridge operation regulations for bridges on the Willamette River, Oregon. This proposed revision would reorganize the text into a more understandable format with minor editing of the regulations, and change the operating regulations for the draw of the Burnside Bridge across the Willamette River, mile 12.4, at Portland, Oregon. The proposed change to the Burnside Bridge operating regulation will enable the bridge owner to provide single-leaf operation of the bridge, except during the Rose Festival, to facilitate major structural and mechanical rehabilitation of the bridge. Repairs are currently expected to last approximately two years, after which it is expected that the operating regulation will be revised to provide for double-leaf operation again.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the intent of the Farm Service Agency (FSA) to request renewal of the information collection currently approved and used in support of the FSA Farm Loan Programs (FLP). This information collection has been revised for clarification in conjunction with the request for extension of the burden package.

The Corporation for National and Community Service (hereinafter the ``Corporation'') is correcting a final rule that appeared in the Federal Register of July 8, 2005. The document amended several provisions relating to the AmeriCorps national service program, and added rules to clarify the Corporation's requirements for program sustainability, performance measures and evaluation, capacity-building activities by AmeriCorps members, qualifications for tutors, and other requirements.

The next meeting of the DAU BoV will be held at DAU Mid-West Region in Kettering, Ohio. The purpose of this meeting is to report back to the BoV on continuing items of interest.

The Office for Human Research Protections (OHRP), a program office in the Office of Public Health and Science, Department of Health and Human Services (HHS), is seeking nominations of qualified candidates to be considered for appointment as members of the Secretary's Advisory Committee on Human Research Protections (SACHRP). SACHRP provides advice and recommendations to the Secretary, HHS, and the Assistant Secretary for Health on matters pertaining to the continuance and improvement of functions within the authority of HHS directed toward protections for human subjects in research. SACHRP was established by the Secretary, HHS, on October 1, 2002. OHRP is seeking nominations of qualified candidates to fill three positions on the Committee membership that will become vacant on January 1, 2006.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a supplemental abbreviated new animal drug application (ANADA) filed by Phoenix Scientific, Inc. The supplemental ANADA provides for veterinary prescription use of flunixin meglumine solution by intravenous injection in lactating dairy cattle for control of fever associated with bovine respiratory disease and endotoxemia, and for control of inflammation in endotoxemia.

The EPA is approving revisions to the State Implementation Plan (SIP) submitted by the Louisiana Department of Environmental Quality (LDEQ) on December 28, 2004. The revisions will incorporate the Shreveport-Bossier City Metropolitan Statistical Area (MSA) Early Action Compact (EAC) Air Quality Improvement Plan (AQIP) into the Louisiana SIP. EPA is approving the photochemical modeling in support of the attainment and maintenance demonstration for the 8-hour ozone standard within the Shreveport-Bossier City EAC area and is approving the associated control measures. These actions strengthen the SIP in accordance with the requirements of sections 110 and 116 of the Federal Clean Air Act (the Act) and will result in emission reductions needed to ensure continued attainment and maintenance of the 8-hour National Ambient Air Quality Standard (NAAQS) for ozone.

The Board of Governors is correcting the Paperwork Reduction Act information that it provided in connection with a final rule amending certain provisions of Regulation BB, which was published in the Federal Register of August 2, 2005.

This document contains temporary regulations under section 408A of the Internal Revenue Code (Code). These temporary regulations provide guidance concerning the tax consequences of converting a non- Roth IRA annuity to a Roth IRA. These temporary regulations affect individuals establishing Roth IRAs, beneficiaries under Roth IRAs, and trustees, custodians and issuers of Roth IRAs. The text of these temporary regulations also serves as the text of proposed regulations set forth in a notice of proposed rulemaking in the Proposed Rules section of this issue of the Federal Register.

The Safe Drinking Water Act (SDWA), as amended in 1996, requires the United States Environmental Protection Agency (EPA) to establish criteria for a program to monitor unregulated contaminants and to publish a list of contaminants to be monitored every five years. EPA published such a list for the first Unregulated Contaminant Monitoring Regulation cycle (i.e., UCMR 1) and a revised approach for UCMR implementation in the Federal Register dated September 17, 1999. UCMR 1 established a three-tiered approach for monitoring contaminants based on the availability of analytical methods and laboratory capacity considerations. Today's proposed regulation meets the SDWA requirement to publish a listing of unregulated contaminants every five years. Today's action proposes the design for the second UCMR cycle. EPA is proposing to require monitoring of 26 chemicals using nine different analytical methods. UCMR 2 monitoring is proposed to occur during 2007- 2011.This proposed action builds on the established structure of UCMR 1 and proposes some changes to the rule design. The primary changes to UCMR 1 include: Redesign of the Screening Survey for List 2 contaminants to increase the statistical strength of the sampling results by incorporating additional PWSs; updates to the lists of contaminants to be monitored and the analytical methods approved to conduct that monitoring; revisions to the ``data elements'' required to be reported; and some revisions to the implementation of the monitoring program to reflect ``lessons learned'' during UCMR 1. A systematic procedure for the determination of a Minimum Reporting Level (MRL) is also being proposed. Implementation of today's proposed action would benefit the environment by providing EPA and other interested parties with scientifically valid data on the occurrence of these contaminants in drinking water, permitting the assessment of the population potentially being exposed and the levels of that exposure. These data are the primary source of occurrence and exposure data for the Agency to determine whether to regulate these contaminants.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 777-200 and -300 series airplanes. This AD requires inspecting the valve control and indication wire bundles of the fuel system of the wing rear spar for discrepancies, and corrective action if necessary. This AD is prompted by reports of six incidents of the wire bundles chafing against the rear spar stiffeners outside the fuel tank. We are issuing this AD to prevent this chafing, which could result in wire damage leading to a short circuit, subsequent ignition of flammable vapors, and possible uncontrollable fire during fueling or flight.

The FAA is revising Airworthiness Directive (AD) 95-19-15 for all Tiger Aircraft LLC (Type Certificate A16EA formerly held by American General Aircraft Corporation and Grumman American Aviation Corporation) Models AA-5, AA-5A, AA-5B, and AG-5B airplanes. AD 95-19- 15 currently requires you to inspect the wing attach shoulder bolts for fretting, scoring, wear, or enlarged or elongated mounting holes (known as damage from hereon); replace any damaged parts; repair any damaged areas; inspect the wing spar at the center spar clearance gap for excessive clearance; and shim the spar if excessive clearance is found. That AD was written to apply to all serial numbers of all models. A design change was made in this area beginning with serial number 10175 of the Model AG-5B airplanes. Therefore, the action should not apply to Model AG-5B airplanes with a serial number of 10175 or higher. This AD retains all the actions of AD 95-19-15 for all airplanes originally affected, but cuts off the applicability for the Model AG-5B airplanes at serial number 10174. We are issuing this AD to continue to prevent wing attach shoulder bolt failure, which, if not detected and corrected, could lead to structural damage of the wing/fuselage to the point of failure.

We, the Environmental Protection Agency (EPA), are proposing to revise certain of our public health and safety standards for radioactive material stored or disposed of in the potential repository at Yucca Mountain, Nevada. Section 801(a) of the Energy Policy Act of 1992 (EnPA, Pub. L. 102-486) directed us to develop these standards. These standards (the 2001 standards) were originally promulgated on June 13, 2001 (66 FR 32074). Section 801 of the EnPA also required us to contract with the National Academy of Sciences (NAS) to conduct a study to provide findings and recommendations on reasonable standards for protection of the public health and safety. The health and safety standards promulgated by EPA are to be ``based upon and consistent with'' the findings and recommendations of NAS. On August 1, 1995, NAS released its report (the NAS Report), titled ``Technical Bases for Yucca Mountain Standards.'' In promulgating our standards, we considered the NAS Report as the EnPA directs. On July 9, 2004, in response to a legal challenge by the State of Nevada and the Natural Resources Defense Council, the U.S. Court of Appeals for the District of Columbia Circuit vacated portions of our standards that addressed the period of time for which compliance must be demonstrated. The Court ruled that the time frame for regulatory compliance was not ``based upon and consistent with'' the findings and recommendations of the NAS and remanded those portions of the standards to us for revision. These remanded provisions are the subject of today's action. Today's proposal incorporates multiple compliance criteria applicable at different times for protection of individuals and in circumstances involving human intrusion into the repository. Compliance will be judged against a standard of 150 microsievert per year (15 millirem per year) committed effective dose equivalent at times up to 10,000 years after disposal and against a standard of 3.5 millisievert per year (350 millirem per year) committed effective dose equivalent at times after 10,000 years and up to 1 million years after disposal. Today's proposal also includes several supporting provisions affecting DOE's performance projections. DOE will measure the median of the distribution of doses against the dose standard beyond 10,000 years, will calculate doses using updated scientific factors, and will incorporate specific direction on analyzing features, events, and processes that may affect performance. Section 801(b) of the EnPA requires the Nuclear Regulatory Commission (NRC) to modify its technical requirements for licensing of the Yucca Mountain repository to be consistent with the standards promulgated by EPA. NRC did incorporate EPA's Yucca Mountain standards into its licensing regulations and the regulatory time frame provision of these was similarly struck down by the Court of Appeals. Once revised regulatory time frame components of our standards have been promulgated, NRC must revise its licensing regulations to be consistent with our revised standards. The Department of Energy (DOE) plans to submit a license application providing a compliance demonstration. The NRC will determine whether DOE has demonstrated compliance with NRC's licensing regulations, which must be consistent with our standards, prior to granting or denying the necessary licenses to dispose of radioactive material in Yucca Mountain.