August 26, 2005 – Federal Register Recent Federal Regulation Documents

This notice announces an upcoming meeting of the Delaware & Lehigh National Heritage Corridor Commission. Notice of this meeting is required under the Federal Advisory Committee Act (Pub. L. 92-463). Meeting Date and Time: Friday, September 9, 2005-1:30 p.m. to 4 p.m.

The FAA proposes to adopt a new airworthiness directive (AD) for all GROB-WERKE Model G120A airplanes. This proposed AD would require you to inspect for signs of any chafing damage to the attachment cables of the switch panels below the left-hand instrument panel, any damaged switch below the switch panels of the left-hand instrument panel, any damaged (that is, sharp) edge of the support tray for the attachment cables of the switch panels below the left-hand instrument panel; correct any damage found during the inspection; and apply a layer of anti-rub (protective padding) strips to the edge of the support tray. This proposed AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Germany. We are issuing this proposed AD to detect, correct, and prevent chafing of the cables against the rear lip of the tray that holds the switch panels. Chafing of the electrical cables could result in smoke or fire in the cockpit.

On August 12, 2005, the USDA, Forest Service, Olympic National Forest, published a Notice of Intent in Federal Register (70 FR 47171) to prepare an environmental impact statement (EIS) for Dosewallips Road Washout Project. The Notice of Intent is being revised to correct the project's location from Oregon State to Washington State, and to correct the Olympic National Park e-mail contact address. The correct address is olymea@nps.gov.

This notice pertains to reimbursable overtime charged for Sunday, holiday, or other overtime work performed in connection with the inspection, laboratory testing, certification, or quarantine of certain articles, to user fees for certain veterinary diagnostic services, and to fees charged for agricultural quarantine and inspection services that are provided in connection with certain commercial vessels, commercial trucks, commercial railroad cars, commercial aircraft, and international airline passengers arriving at ports in the customs territory of the United States. The purpose of this notice is to remind the public of the reimbursable overtime charges and user fees for fiscal year 2006 (October 1, 2005, through September 30, 2006).

In accordance with the requirement of Section 3506 (c)(2)(A) of the Paperwork Reduction Act of 1995 which provides opportunity for public comment on new or revised data collections, the Railroad Retirement Board (RRB) will publish periodic summaries of proposed data collections. Comments are invited on: (a) Whether the proposed information collection is necessary for the proper performance of the functions of the agency, including whether the information has practical utility; (b) the accuracy of the RRB's estimate of the burden of the collection of the information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden related to the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. Title and purpose of information collection: Request to Non- Railroad Employer for Information About Annuitant's Work and Earnings; OMB 3220-0107. Under Section 2 of the Railroad Retirement Act (RRA), a railroad employee's retirement annuity or an annuity paid to the spouse of a railroad employee is subject to work deductions in the Tier II component of the annuity and any employee supplemental annuity for any month in which the annuitant works for a Last Pre-Retirement Non- Railroad Employer (LPE). LPE is defined as the last person, company, or institution, other than a railroad employer, that employed an employee or spouse annuitant. In addition, the employee, spouse or divorced spouse Tier I annuity benefit is subject to work deductions under Section 2(F)(1) of the RRA for earnings from any non-railroad employer that are over the annual exempt amount. The regulations pertaining to non-payment of annuities by reason of work are contained in 20 CFR 230.1 and 230.2. The RRB utilizes Form RL-231-F, Request to Non-Railroad Employer for Information About Annuitant's Work and Earnings, to obtain the information needed for determining if any work deductions should be applied because an annuitant worked in non-railroad employment after the annuity beginning date. One response is requested of each respondent. Completion is voluntary. The RRB is proposing no changes to Form RL-231-F.

This interim final rule with comment period sets forth the methodology used to compute State allotments that are available to pay Medicare Part B premiums for qualifying individuals, allows changes to the State allotments and describes the methodology used to determine the changes to each State's allotment.

The Federal Aviation Administration (FAA) proposes to rule and invites public comment on the release of two parcels comprised of approximately 184.70 acres of airport property at March Inland Port, Riverside, California, from all restrictions of the surplus property agreement since the land is not needed for airport purposes. Reuse of the land for commercial/light industrial and environmental mitigation purposes represents a compatible land use. Disposal of the property will provide income for investment in airport improvements and development in accordance with the FAA Policy and Procedures Concerning the Use of Airport Revenue.

This document completes NHTSA's consideration of its responsibilities to help implement the obligations of the United States under the North American Free Trade Agreement. The agency had proposed regulations to permit retroactive certification of foreign domiciled vehicles that, while built in compliance with U.S. standards applicable at the time of manufacture, had not been labelled as such. At the same time, the Federal Motor Carrier Safety Administration had proposed to require all commercial motor vehicles operating in the U.S. to have labels certifying compliance with the Federal motor vehicle safety standards (FMVSS). After reviewing the comments on the NHTSA and FMCSA proposals, the Department has decided on a more effective and less cumbersome approach to ensuring that commercial motor vehicles were built to the FMVSS (or the very similar Canadian motor vehicle safety standards) and operate safely in the United States. FMCSA requires Mexican-domiciled carriers applying to operate in the United States to certify in their applications that their vehicles were manufactured or retrofitted in compliance with the FMVSSs applicable at the time they were built, and will confirm that certification during the pre-authority safety audit and subsequent inspections. In addition, enforcement through the Federal Motor Carrier Safety Regulations focuses on real world, operational safety and incorporates the various FMVSS applicable through the useful life of the vehicle. FMCSA will not require vehicles to have labels certifying their compliance with the standards in effect when they were built, and NHTSA is not proceeding with a retroactive certification approach or the related proposal for a new recordkeeping and retention rule. We have also decided against placing a definition of the term ``import'' in the Code of Federal Regulations. After considering the comments, we have concluded that creating a new regulation to define the term serves no regulatory function and is unnecessary for the promotion of motor vehicle safety.

The Pipeline and Hazardous Materials Safety Administration (PHMSA) is sponsoring a public meeting on Enhancing Integrity Management of Gas Distribution Pipelines. The meeting will be held on September 21, 2005, in Dallas, Texas. At the meeting, PHMSA will discuss actions that have been underway this year to review the need for integrity management requirements for gas distribution pipelines. The meeting also will provide discussion on the use of Excess Flow Valves in gas distribution safety lines as a technique for mitigating the consequences of service line incidents, and will provide the public an opportunity to give comments.

On January 18, 2005, DEA published in the Federal Register a solicitation of comments on the subject of dispensing controlled substances for the treatment of pain. Many of the comments that the agency received indicate that there is a need to issue a clarification regarding certain aspects of the prescription requirements for schedule II controlled substances. This document provides such clarification.

The Federal Grain Inspection Service (FGIS), of the Grain Inspection, Packers and Stockyards Administration (GIPSA), is amending the regulation regarding fees assessed to delegated States and designated official agencies, hereafter known as official agencies, authorized by GIPSA to provide official inspection and weighing services to the U.S. grain industry. The fee adjustment is necessary to collect sufficient revenue to cover the current and future cost of supervising the performance of the official agencies. Current supervision fees are charged to official agencies on a unit basis and represent an average rate of approximately 0.8 cent per metric ton of grain inspected or weighed by the official agencies. The final supervision fee increases the rate to a 1.1 cents per metric ton charge. Official agencies include the cost of GIPSA's supervision fee as part of the fee they charge their customers for grain services. The current average cost for services provided by official agencies is 21 cents per metric ton. Increasing the supervision fee by approximately 0.3 cent per metric ton will minimally increase the total cost of inspection and weighing services to the grain industry.

In accordance with the Federal Land Policy and Management Act of 1976, the National Park and Recreation Act of 1978, and the National Environmental Policy Act of 1969, the Bureau of Land Management and the National Park Service have jointly prepared a Proposed Plan/Final EIS for the Craters of the Moon National Monument and Preserve. The Final EIS discusses public and agency comments received on the draft EIS. It describes and analyzes four alternative management strategies, each presenting a different approach to resolving issues identified through public scoping. Alternative A is the ``no action'' or continuation of present management alternative. Alternative B would promote more travel and access within the Monument. Alternative C would emphasize retention and enhancement of the Monument's primitive character. The Proposed Plan is Alternative D, the agency preferred alternative from the draft Plan/EIS, refined by public comment. Alternative D, which emphasizes protection and restoration of physical and biological resources, is also considered to be the environmentally preferred alternative.

California has scheduled a special general election on October 4, 2005, to fill the U.S. House of Representatives seat in the Forty- Eighth Congressional District vacated by Representative Christopher Cox. Under California law, a majority winner in a special election is declared elected. Should no candidate achieve a majority vote, a special runoff election will be held on December 6, 2005, among the top vote-getters of each qualified political party, including qualified independent candidates. Committees participating in the California special elections are required to file pre- and post-election reports. Filing dates for these reports are affected by whether one or two elections are held.

This document contains proposed regulations providing guidance on employer comparable contributions to Health Savings Accounts (HSAs) under section 4980G. In general, these proposed regulations would affect employers that contribute to employees' HSAs.

EPA is revising the format of part 52 of Title 40 of the Code of Federal Regulations (40 CFR part 52) for materials submitted by Chattanooga, Tennessee that are incorporated by reference (IBR) into the State Implementation Plan (SIP). The regulations affected by this format change have all been previously submitted by the local agency and approved by EPA. This format revision will affect the ``Identification of Plan'' sections of 40 CFR part 52, by adding a table for the Chattanooga portion of the Tennessee SIP. This revision will also affect the format of the SIP materials that will be available for public inspection at the Office of the Federal Register (OFR), the Air and Radiation Docket and Information Center, and the Regional Office.

The FAA is adopting a new airworthiness directive (AD) for Pratt & Whitney (PW) JT8D-1, -1A, -1B, -7, -7A, -7B, -9, -9A, -11, -15, -15A, -17, -17A, -17R, -17AR, -209, -217, -217A, -217C, and -219 turbofan engines. This AD requires removing affected rotating parts overhauled by a certain repair vendor, and inspecting the parts as applicable. This AD results from reports that certain JT8D critical life-limited rotating parts have been returned to service with cracks, corrosion pitting, or dimensions outside of manual limits. We are issuing this AD to prevent failure of critical life-limited rotating engine parts which could result in an uncontained engine failure and damage to the airplane.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus Model A330-200, A330-300, A340-200, and A340-300 series airplanes; and Model A340-541 and -642 airplanes. This AD requires repetitively resetting the display units (DUs) for the electronic instrument system (EIS) either by switching them off and back on again or by performing a complete electrical shutdown of the airplane. This AD results from an incident in which all of the DUs for the EIS went blank simultaneously during flight. We are issuing this AD to prevent automatic reset of the DUs for the EIS during flight and consequent loss of data from the DUs, which could reduce the ability of the flightcrew to control the airplane during adverse flight conditions.

The FAA is adopting a new airworthiness directive (AD) for Turbomeca S.A. Arrius 2F turboshaft engines. This AD requires replacing certain O-rings on the check valve piston in the lubrication unit. This AD results from a report of a forced landing of a Eurocopter EC120B helicopter. We are issuing this AD to prevent an uncommanded in-flight shutdown of the engine, which could result in a forced autorotation landing and damage to the helicopter.

This proposed notice announces that on September 26, 2005, we will begin to accept revisions from private accrediting organizations (AOs) who seek to modify their deeming authority.