August 2005 – Federal Register Recent Federal Regulation Documents

The FAA is adopting a new airworthiness directive (AD) for certain GE CF6-80C2 and CF6-80E1 turbofan engines. This AD requires you to inspect the high pressure compressor rotor (HPCR) stage 11-14 spool shaft for circumferential repair cuts, and to repair or replace the spool shaft if you find certain circumferential cuts. This AD results from an updated stress analysis. We are issuing this AD to prevent failure of the HPCR stage 11-14 spool shaft due to low-cycle fatigue that could result in an uncontained engine failure.

This document incorporates corrections to add service information to Airworthiness Directive (AD) 2005-13-09, which was published in the Federal Register on June 22, 2005 (70 FR 35993). AD 2005-13-09 applies to certain GROB-WERKE Model G120A airplanes. This action adds GROB-WERKE Service Bulletin No. MSB1121-052/2, dated February 14, 2005, to paragraphs (e)(1), (e)(2), and (h) of AD 2005-13- 09. This service information was included in the notice of proposed rulemaking (NPRM) for this AD, but we inadvertently omitted it in the final rule request for comments. We are re-issuing the AD in its entirety to help eliminate any confusion that this AD may have created.

We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for the Central population of the California tiger salamander (Ambystoma californiense) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 199,109 acres (ac) (80,576 hectares (ha)) fall within the boundaries of the critical habitat designation. The critical habitat is located within 19 counties in California.

NMFS announces the end of the 2005 primary season for the Pacific whiting (whiting) shore-based sector at 2100 local time (l.t.) August 18, 2005, because the allocation is projected to be reached. This action is intended to keep the harvest of whiting at the 2005 allocation levels.

The EPA is approving revisions to the State Implementation Plan (SIP) submitted by the State of North Carolina, through the Department of Environment and Natural Resources (DENR) on December 21, 2004, for the four Early Action Compact (EAC) areas in North Carolina: the Mountain, Unifour, Triad and Fayetteville areas (the North Carolina EAC Areas). The SIP revisions meet the requirements for the North Carolina EAC Areas to attain and maintain the 8-hour ozone national ambient air quality standard (the 8-hour ozone standard) as described in the EAC Protocol and related regulations. EPA is also now approving the photochemical modeling used by North Carolina to support the attainment and maintenance demonstration of the 8-hour ozone standard in the North Carolina EAC Areas. In this action, EPA is not finalizing its proposed rulemaking to defer the effective date of the nonattainment designations for EAC areas. In a separate action, published on June 8, 2005, EPA proposed to defer the effective date of the nonattainment deferred designation for EAC areas until December 31, 2006 (69 FR 23858). EPA final action on the deferral is expected to be published before September 30, 2005.

The Office of Personnel Management (OPM) is issuing Final rules that revise the table of reduction factors for early commencing dates of survivor annuities for spouses of separated employees who die before the date on which they would be eligible for unreduced deferred annuities, and to revise the annuity factor for spouses of deceased employees who die in service when those spouses elect to receive the basic employee death benefit in 36 installments under the Federal Employees' Retirement System (FERS) Act of 1986. These rules are necessary to conform the tables to the previously published economic assumptions adopted by the Board of Actuaries.

This rule would increase the assessment rates established for the Nectarine Administrative Committee and the Peach Commodity Committee (committees) for the 2005-06 and subsequent fiscal periods from $0.195 and $0.19, respectively, to $0.20 per 25-pound container or container equivalent of nectarines and peaches handled. The committees locally administer the marketing orders that regulate the handling of nectarines and peaches grown in California. Authorization to assess nectarine and peach handlers enables the committees to incur expenses that are reasonable and necessary to administer the programs. The fiscal period runs from March 1 through the last day of February. The assessment rates would remain in effect indefinitely unless modified, suspended, or terminated.

Notice is hereby given that the comment period on the proposed relaxation of minimum grade requirements for Colorado Area No. 2 potatoes under Marketing Order No. 948 (order), and for imported red- skinned round type potatoes under the potato import regulation is reopened until September 12, 2005.

This document corrects a direct final rule published in the Federal Register of August 9, 2005, regarding fees for testing, evaluation, and approval of mining products.

This document revises an earlier proposed airworthiness directive (AD), applicable to certain Boeing Model 727-100 and -100C series airplanes, that would have required repetitive inspections of the frame inner chord, outer chord, and web of the forward and aft edge frames of the lower lobe forward cargo door (FCD) cutout, and corrective action if necessary. This new action revises the proposed rule by adding high frequency eddy current inspections and a detailed inspection for cracks of certain areas described above. This new action also removes one airplane from the applicability. The actions specified by this new proposed AD are intended to detect and correct fatigue cracking of the forward and aft edge frames of the lower lobe FCD cutout, which could result in the loss of the FCD and rapid decompression of the airplane. This action is intended to address the identified unsafe condition.

The FAA proposes to adopt a new airworthiness directive (AD) for all Bombardier Model DHC-7 series airplanes. This proposed AD would require implementing a corrosion prevention and control program (CPCP) either by accomplishing specific tasks or by revising the maintenance inspection program to include a CPCP. This proposed AD is prompted by the determination that, as airplanes age, they are more likely to exhibit indications of corrosion. We are proposing this AD to prevent structural failure of the airplane due to corrosion.

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 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.

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.

This document contains final revisions to the rules governing proceedings before the General Services Administration Board of Contract Appeals (Board). The Board is revising the language regarding the processing of awards for payment in contract appeals. The Board, by majority vote, has adopted this revised rule pursuant to its authority contained in the Contract Disputes Act of 1978 (41 U.S.C. 601-613).

The EPA is approving revisions to the State Implementation Plan (SIP) submitted by the Chairman of the Texas Commission on Environmental Quality (TCEQ) on December 6, 2004. The revisions demonstrate attainment of the 8-hour ozone standard and incorporate the San Antonio Early Action Compact (EAC) Clean Air Plan into the Texas SIP. EPA is approving the photochemical modeling in support of the attainment demonstration of the 8-hour ozone standard within the San Antonio 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 achieve attainment of and maintain the 8-hour National Ambient Air Quality Standard (NAAQS) for ozone.

In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations under section 408A of the Internal Revenue Code (Code). The temporary regulations provide guidance concerning the tax consequences of converting a non-Roth IRA annuity to a Roth IRA. The temporary regulations affect individuals establishing Roth IRAs, beneficiaries under Roth IRAs, and trustees, custodians and issuers of Roth IRAs. The text of those temporary regulations also serves as the text of these proposed regulations.

The Fish and Wildlife Service (hereinafter Service or we) is proposing to establish the 2005-06 late-season hunting regulations for certain migratory game birds. We annually prescribe frameworks, or outer limits, for dates and times when hunting may occur and the number of birds that may be taken and possessed in late seasons. These frameworks are necessary to allow State selections of seasons and limits and to allow recreational harvest at levels compatible with population and habitat conditions.

The FAA is adopting a new airworthiness directive (AD) for certain McDonnell Douglas airplanes. This AD requires a general visual inspection for damage to the Firex discharge pipes and wye assembly of the fire extinguishing system of the number 2 engine; and corrective and other specified actions, as applicable. This AD results from reports of freezing damage to the Firex discharge pipes and wye assembly of the number 2 engine, and one report of a level 1 ENG FIRE AGENT LO alert during flight. We are issuing this AD to prevent accumulation of water in the discharge pipes and possible consequent freezing damage to the discharge pipes and wye assembly, which could lead to failure of the fire extinguishing system during a fire in the number 2 engine.

The FAA is adopting a new airworthiness directive (AD) for certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. This AD requires installing additional shielding of the hydraulic lines in the wing box area. This AD results from the determination that the additional hydraulic line shields will protect the lines from possible impact by tire debris if the tire tread fails. We are issuing this AD to prevent damage to the hydraulic lines and subsequent leakage from the two hydraulic systems, which could result in loss of braking capability on the affected side of the airplane, asymmetrical braking, and reduced directional controlparticularly during a rejected takeoff.

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.

The Coast Guard is changing the regulations that govern the operation of the Dominion Boulevard (US 17) Bridge across the Southern Branch of the Elizabeth River, at Atlantic Intracoastal Waterway (AICW) mile 8.8, at Chesapeake, Virginia. This rule will change the morning rush hour closure period so that it starts at 7 a.m. and ends at 9 a.m. From 9 a.m. to 4 p.m., Monday through Friday, and from 7 a.m. to 6 p.m. on Saturdays, Sundays and Federal holidays, the draw need be opened every hour on the hour. This change is necessary to relieve vehicular traffic congestion and reduce traffic delays during weekday rush hour periods, and on weekends and Federal holidays, while still providing for the reasonable needs of navigation.