September 1, 2005 – Federal Register Recent Federal Regulation Documents

Under the Immigration and Nationality Act (INA), nonimmigrant aliens and United States citizens are generally required to present passports to enter the United States. The Secretary of Homeland Security and the Secretary of State have the joint authority to waive this requirement for nonimmigrant aliens under certain circumstances and the Secretary of State has the authority to make exceptions to the requirement for United States citizens. In accordance with those authorities, current regulations permit United States citizens and nonimmigrant aliens from Canada, Bermuda and Mexico to enter the United States from certain Western Hemisphere countries without presenting a passport. On December 17, 2004, the President signed the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA). Section 7209 of this statute limits the Secretaries' discretion to waive or to make exceptions to the passport requirements under the INA and expressly provides that, by January 1, 2008, United States citizens and nonimmigrant aliens may enter the United States only with passports or such alternatives as the Secretary of Homeland Security may designate as satisfactorily establishing identity and citizenship. In the future, as a result of the implementation of the new statute, travel to the United States by United States citizens and others from the Western Hemisphere will require a passport or acceptable alternative documents in circumstances where travel was previously permitted without such documents. Section 7209 directs that the Secretary of Homeland Security, in consultation with the Secretary of State, develop and implement a plan relating to the new requirements ``as expeditiously as possible.'' The statute provides that this plan shall be implemented no later than January 1, 2008. The Secretary of Homeland Security, in consultation with the Secretary of State, will be deciding how to implement the new law. This Advance Notice of Proposed Rulemaking announces the rulemakings that are expected to implement the new law, invites comments on the possible means of implementation and specifically invites comments on the documents other than passports that should be accepted under section 7209 as sufficient to establish citizenship and identity.

This action corrects errors in certain amendments to the required IFR (instrument flight rules) altitudes and changeover points for certain Federal airways, jet routes, or direct routes for which a minimum or maximum en route authorized IFR altitude is prescribed listed in a final rule published in the Federal Register on August 2, 2005 (70 FR 44278).

NMFS proposes to revise Table 2 (species codes) to 50 CFR part 679 that is used in data collection, analysis, and monitoring of the Federal groundfish fisheries in the exclusive economic zone (EEZ) off the coast of Alaska. Within a database, species codes identify fish species that are landed, discarded, made into product, and transferred. This proposed action is necessary to standardize collection of species information with the State of Alaska Department of Fish and Game, increase effectiveness of rockfish management, reflect current fisheries management interest in skates, and promote better enforcement of rockfish regulations. This action is intended to meet the conservation and management requirements of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) with respect to groundfish and to further the goals and objectives of the Alaska groundfish fishery management plans.

On July 7, 2005, the Environmental Protection Agency (EPA), Region 2, published a direct final deletion (70 FR 129) to delete the Jones Sanitation Superfund Site (Site), located in Hyde Park, New York, from the National Priorities List (NPL). The EPA is withdrawing this final action due to adverse comments received during the public comment period. After consideration of the comments received, if appropriate, EPA will publish a notice of deletion in the Federal Register based on the parallel notice of proposed deletion (70 FR 129) dated July 7, 2005 and place a copy of the final deletion package, including a Responsiveness Summary in the Site repositories.

The Coast Guard proposes to establish permanent special local regulations for the ``Tug-of-War'', a marine event conducted over the waters of Spa Creek between Eastport and Annapolis, Maryland. Special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in portions of Spa Creek during the event.

This document amends the Department of Veterans Affairs (VA) regulations regarding the jurisdictions and addresses of the General Counsel's Regional Counsels. This amendment is necessary to update Title 38, Code of Federal Regulations, to reflect recent jurisdiction and address changes.

The FAA proposes to adopt a new airworthiness directive (AD) for certain EMBRAER Model EMB-135 airplanes, and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes. This proposed AD would require modification of the upper frame of the firewall for the auxiliary power unit (APU). This proposed AD results from the discovery of a hole in the upper frame of the firewall for the APU. We are proposing this AD to prevent smoke from entering the passenger cabin in the event of a fire in the APU compartment.

The FAA proposes to supersede an existing airworthiness directive (AD) that was issued for General Electric Company (GE) CF34- 3A1 and -3B1 series turbofan engines with certain part numbers (P/Ns) and serial numbers (SNs) of stage 5 low pressure turbine (LPT) disks and stage 6 LPT disks. These engines are installed in Bombardier Canadair CL600-2B19 Regional Jet (RJ) airplanes. This proposed AD would add SNs to the affected disk population for RJ airplanes. This proposed AD would also add GE CF34-1 and -3 series turbofan engines with certain P/Ns and SNs of stage 5 LPT disks and stage 6 LPT disks, to the applicability section. These engines are installed in Bombardier Canadair models CL-600-2A12 (CL-601), CL-600-2B16 (CL-601-3A), (CL-601- 3R), and (CL-604) Business Jet (BJ) airplanes. This proposed AD would require initial and repetitive visual and eddy current inspections (ECI) of the affected disk population. This proposed AD would also allow replacement of those disks as optional terminating action to the repetitive inspections. Also, this proposed AD would require eventual replacement of the affected disks as terminating action to the repetitive inspections. This proposed AD results from the discovery of additional suspect stage 5 LPT disks and stage 6 LPT disks. These disks could fail due to low-cycle fatigue cracking that may start at the site of an electrical arc-out on the disk. We are proposing this AD to prevent low-cycle-fatigue (LCF) failure of stage 5 LPT disks and stage 6 LPT disks, which could lead to uncontained engine failure.

This rule amends the Postal Service\TM\ regulations on the release of information and privacy of information.

DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to remove text addressing restrictions on the acquisition of totally enclosed lifeboat survival systems. The restrictions are based on fiscal year 1994 and 1995 appropriations act provisions, that are no longer considered applicable, and other statutory provisions that apply only to the Navy.

DoD has issued an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to address the effect of Internal Revenue Service (IRS) levies on contract payments. The rule requires DoD contractors to promptly notify the contracting officer if a levy that will jeopardize contract performance is imposed on a contract.

The FAA is superseding an existing airworthiness directive (AD), which applies to all Bombardier Model CL-600-2B19 series airplanes. That AD currently requires revising the airplane flight manual (AFM) to provide the flightcrew with operating limitations and procedures to enable them to maintain controllability of the airplane in the event that aileron control stiffness is encountered during flight. This new AD requires revising the Airworthiness Limitations section of the Instructions of Continued Airworthiness to incorporate certain repetitive tasks for the aileron control system and requires a briefing to advise flightcrews that certain aileron control checks are no longer required. After accomplishing the applicable initial tasks, the existing AFM revisions for the aileron control check may be removed from the AFM. This AD results from the development of terminating actions for the AFM revisions. We are issuing this AD to prevent aileron control stiffness during flight, which could result in reduced or possible loss of controllability of the airplane.

The FAA is superseding an existing airworthiness directive (AD) for Pratt & Whitney (PW) JT8D-209, -217, -217A, -217C, and -219 turbofan engines. That AD currently requires revisions to the engine manufacturer's time limits section (TLS) to include enhanced inspection of selected critical life-limited parts at each piece-part opportunity. This AD requires modifying the airworthiness limitations section of the manufacturer's manual and an air carrier's approved continuous airworthiness maintenance program to incorporate additional inspection requirements. An FAA study of in-service events involving uncontained failures of critical rotating engine parts has indicated the need for mandatory inspections. The mandatory inspections are needed to identify those critical rotating parts with conditions, which if allowed to continue in service, could result in uncontained failures. We are issuing this AD to prevent critical life-limited rotating engine part failure, which could result in an uncontained engine failure and damage to the airplane.

This document corrects technical errors that appeared in the final rule published in the Federal Register on January 28, 2005 entitled ``Establishment of the Medicare Advantage Program.'' It also stays several amendments made in the previous rule.

The FAA adopts a new airworthiness directive (AD) for certain Cirrus Design Corporation (CDC) Models SR20 and SR22 airplanes. This AD requires you to measure and adjust the crew seat break-over bolts and to replace the crew seat recline locks on both crew seats. This AD results from CDC discovering that the crew seats, under emergency landing dynamic loads, may fold forward at less than the 26 g required by the regulations. We are issuing this AD to prevent the crew seats from folding forward during emergency landing dynamic loads with consequent occupant injury.

This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 relating to airspace designations to reflect the approval by the Director of the Federal Register of the incorporation by reference of FAA Order 7400.9N, Airspace Designations and Reporting Points. This action also explains the procedures the FAA will use to amend the listings of Class A, B, C, D, and E airspace areas; air traffic service routes; and reporting points incorporated by reference.