September 9, 2005 – Federal Register Recent Federal Regulation Documents

At the request of the U.S. Food and Drug Administration (FDA), NMFS closed portions of Federal waters of the Gulf of Maine, Georges Bank, and southern New England from June 14, 2005, through September 30, 2005, to the harvest for human consumption of certain bivalve molluscan shellfish due to the presence in those waters of the toxin that causes Paralytic Shellfish Poisoning (PSP). The FDA has determined that harvesting for human consumption of bivalve molluscan shellfish other than whole and roe-on scallops from a portion of the closed area is now safe and may be resumed. As a result, NMFS is modifying its previous closure to allow such fishing.

EPA is proposing to approve the May 12, 2005 negative declaration letter submitted by the Maryland Department of the Environment (MDE). The negative declaration certifies that existing CISWI units, subject to Clean Air Act (the Act) requirements of sections 111(d) and 129 and the related emissions guidelines (EG), have been permanently shut down and have been dismantled in the State of Maryland. In the Final Rules section of this Federal Register, EPA is approving the MDE certification as a direct final rule without prior proposal because the Agency views this as a noncontroversial action and anticipates no adverse comments. 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 If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule.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.

The FAA is establishing a compliance date for the final rule published in the Federal Register on August 4, 2005. The rule revised the pilot certification regulations to establish a second-in-command (SIC) pilot type rating and associated qualifying procedures. This action is necessary to give affected pilots time to prepare and file the paperwork necessary to obtain the SIC pilot type rating. We also are correcting the amendment number of the final rule.

The Food Safety and Inspection Service (FSIS) is proposing to amend the Federal poultry products inspection regulations to provide that turkey slaughter establishments that open turkey carcasses with Bar-type cuts may operate at the maximum line speeds established for J- type cuts, if the establishment uses the specific type of shackle described in this proposed rule. Under this proposed rule, as under current regulations, the inspector in charge will reduce line speeds when, in his or her judgment, the prescribed inspection procedure cannot be adequately performed within the time available because of the health conditions of a particular flock or because of other factors. Such factors include the manner in which birds are being presented to the inspector for inspection and the level of contamination among the birds on the line.

This document contains proposed regulations that clarify the substantive requirements for tax exemption under section 501(c)(3) of the Internal Revenue Code (Code). This document also contains provisions that clarify the relationship between the substantive requirements for tax exemption under section 501(c)(3) and the imposition of section 4958 excise taxes.

This action proposes to establish Class E airspace at Nikolai, AK to the size necessary to contain aircraft executing Standard Instrument Approach Procedures (SIAP). This action is proposed as a result of the development of two new SIAPs. Adoption of this proposal would result in establishing Class E airspace upward from 700 feet (ft.) above the surface at Nikolai, Alaska.

This action proposes to revise Class E airspace at Egegik, AK to the size necessary to contain aircraft executing Standard Instrument Approach Procedures (SIAP). Adoption of this proposal would result in revising Class E airspace upward from 700 feet (ft.) above the surface at Egegik, Alaska.

This action corrects an error in the legal description of Class D airspace in a direct final rule, request for comments that was published in the Federal Register on Friday July 29, 2005 (70 FR 43742).

On September 2, 2005, the Coast Guard published a notice and requested comments on a proposed change to regulations governing the operation of the SR 1 (West Larose) vertical lift bridge across the Gulf Intracoastal Waterway, mile 35.6 west of Harvey Lock, at Larose, Louisiana. The proposed rule would change the bridge's schedule so that it would remain closed to navigation at various times on weekdays during the school year to facilitate the safe, efficient movement of staff, students and other residents within the parish. That notice was issued August 26, 2005, before Hurricane Katrina struck New Orleans and caused that city to be flooded. We have changed the address and docket number where comments on the proposed rule should be sent because of flood conditions in New Orleans.

The FAA is adopting a new airworthiness directive (AD) for certain Bombardier Model DHC-8-400 series airplanes. This AD requires a one-time inspection of the fuel and hydraulic tubes, and corrective actions if necessary. This AD also requires modifying fairlead plate assemblies. This AD results from reports of chafing between fuel and hydraulic tubes and the fairlead plate where the tubes pass through the firewall. We are issuing this AD to prevent chafing of the fuel and hydraulic tubes, which could lead to fuel and/or hydraulic fluid leakage in the engine nacelle area and consequent fire or explosion.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 757 airplanes. This AD requires inspections of certain wire bundles in the left and right engine-to-wing aft fairings for discrepancies; installation of back-to-back p-clamps between the wire and hydraulic supply tube at the aft end of the right-hand strut only; and associated re-routing of the wire bundles, if necessary. This AD results from a report indicating that a circuit breaker for the fuel shutoff valve tripped due to a wire that chafed against the structure in the flammable leakage zone of the aft fairing, causing a short circuit. We are issuing this AD to prevent chafing between the wire bundle and the structure of the aft fairing, which could result in electrical arcing and subsequent ignition of flammable vapors and possible uncontrollable fire.

This document publishes in the Federal Register an amendment adopting airworthiness directive (AD) 2005-18-51 that was sent previously to all known U.S. owners and operators of Boeing Model 777 airplanes by individual notices. This AD supersedes an existing AD that applies to certain Boeing Model 777-200 and ``300 series airplanes. The existing AD currently requires modification of the operational program software (OPS) of the air data inertial reference unit (ADIRU). This new AD requires installing a certain OPS in the ADIRU, and revising the airplane flight manual to provide the flightcrew with operating instructions for possible ADIRU heading errors and for potential incorrect display of drift angle. This AD results from a recent report of a significant nose-up pitch event. We are issuing this AD to prevent the OPS from using data from faulted (failed) sensors, which could result in anomalies of the fly-by-wire primary flight control, autopilot, auto-throttle, pilot display, and auto-brake systems. These anomalies could result in high pilot workload, deviation from the intended flight path, and possible loss of control of the airplane.

The FAA is superseding an existing airworthiness directive (AD) that applies to all Dassault Model Falcon 10 series airplanes. The existing AD currently requires revising the airplane flight manual (AFM) and installing a placard in the flight deck to prohibit flight into known or forecasted icing conditions. In lieu of the AFM revision and placard installation, that AD allows identifying the part number of each flexible hose in the wing (slat) anti-icing system, performing repetitive inspections of each hose for delamination, and performing corrective actions if necessary. This AD adds the following actions (also in lieu of the AFM revision and placard installation): New repetitive inspections for delamination at reduced intervals, corrective actions if necessary, and an additional AFM revision to include a statement to track flight cycles when the slat anti-icing system is activated. This AD also provides an option to repetitively replace the existing flexible hoses with improved flexible hoses, which terminates the repetitive inspection requirements. This AD results from a report of in-service delamination of a flexible hose in the slat anti-icing system at a time earlier than previously reported. We are issuing this AD to prevent collapse of the flexible hoses in the slat anti-icing system, which could lead to insufficient anti-icing capability and, if icing is encountered in this situation, could result in reduced controllability of the airplane.