September 2005 – Federal Register Recent Federal Regulation Documents

This notice advises the public that Snowshoe Mountain, Incorporated (SMI) has applied to the U.S. Fish and Wildlife Service (Service) for an ITP pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 (ESA), as amended. The application has been assigned permit number TE-102380. The proposed permit would authorize the incidental take of a federally endangered species, the West Virginia northern flying squirrel (WVNFS) (Glaucomys sabrinus fuscus), known to occur throughout the property owned by the applicant at Snowshoe Mountain Resort, Pocahontas County, West Virginia. The proposed taking is incidental to a planned recreation and infrastructure expansion project on approximately 43 acres owned by SMI. The permit would be in effect for up to 10 years depending on completion of the proposed activities. The Service announces the receipt of the SMI ITP application and the availability of the proposed Recreation and Infrastructure Expansion at Snowshoe Mountain HCP which accompanies the ITP application, for public comment. In addition, the Service also announces the availability of a draft EA for the proposed issuance of the ITP. This notice is provided pursuant to the section 10(c) of the ESA and National Environmental Policy Act of 1969 (NEPA) regulations (40 CFR 1506.6). The Service will evaluate the application, associated documents, and comments submitted thereon to determine whether the application meets the requirements of NEPA regulations and section 10(a) of the ESA. If it is determined that the requirements are met, a permit will be issued for the incidental take of the WVNFS. The final NEPA and permit determinations will not be completed until after the end of the 60-day comment period and will fully consider all public comments received during the comment period.

This document amends Title 19 of the Code of Federal Regulations by making technical corrections to certain authority citations to reflect amendments to the Harmonized Tariff Schedule of the United States effected by the President's Proclamation of December 30, 2003, to implement the United States-Singapore Free Trade Agreement.

The Office of Federal Housing Enterprise Oversight (OFHEO) is issuing notice of a regulatory review that will be conducted in accordance with the process set forth in OFHEO Policy Guidance titled, ``Regulatory Review,'' which was issued on April 2, 2001 (Doc. : PG-01-001) (Policy Guidance). OFHEO will review its regulations to consider whether existing regulations have become inefficient or create unwarranted burden, and will identify possible revisions where such conditions are found. OFHEO is seeking public comment on its regulations for consideration in the regulatory review.

The Department of Defense is proposing to update policies and responsibilities for the Defense Privacy Program which implements the Privacy Act of 1974 by showing organizational changes and realignments and by revising referenced statutory and regulatory authority.

The Bureau of Land Management (BLM) is revising the regulations to require that records supporting a stripper well royalty reduction be retained for seven years from the last date that an operator claims the reduction.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus Model A340-200 and A340-300 series airplanes. This AD requires a one-time inspection for discrepancies of the spotfacing for the pylon-to-engine attachment bolts on the pyramid forward fitting of the engine pylon, and repair if necessary. This AD results from a report that, during a routine inspection, it was found that the diameter of the spotfacings was too small for two of the pylon-to- engine attachment bolts on the pyramid forward fitting. We are issuing this AD to prevent reduced structural integrity of the pylon-to-engine attachment bolts on the pyramid forward fitting, which could result in separation of an engine from the airplane.

The FAA is adopting a new airworthiness directive (AD) for all Israel Aircraft Industries, Ltd., Model 1124 and 1124A airplanes. This AD requires a one-time inspection for chafing of the electrical bundles in the overhead circuit breaker panel, and for adequate clearance between the fuselage frame and adjacent structures; and repair and rework if necessary. This AD results from reports of fire and smoke occurring in the passenger cabin. This AD also requires certain preventive actions. We are issuing this AD to prevent chafing of the electrical bundles in the overhead circuit breaker panel, which could result in a short circuit and consequent fire and smoke in the airplane.

In response to a Notice of Proposed Rule Making, 68 FR 62554 (November 5, 2003), this Report and Order substitutes Channel 225A for Channel 224A, at FM Station WQTX, Charlotte, Michigan, reallots Channel 225A to Grand Ledge, Michigan, and modifies Station WQTX's license accordingly. The coordinates for Channel 225A at Grand Ledge Michigan are 42-42-17 NL and 84-37-20 WL, with a site restriction of 11.5 kilometers (7.2 miles) southeast of Grande Ledge.

This document grants a petition filed by Charles Crawford, proposing the allotment of Channel 252C3 at New Llano, Louisiana, as the community's first local service. See 69 FR 61616, published October 20, 2004. This document also substitutes Channel 224A for vacant Channel 252A at Leesville, Louisiana to accommodate Channel 252C3 at New Llano, Louisiana. Channel 252C3 can be allotted to New Llano in compliance with the Commission's rules provided there is a site restriction of 10 kilometers (6.2 miles) north of New Llano at reference coordinates 31-12-18 North Latitude and 93-16-11 West Longitude. The site restriction is necessary to prevent short-spacing to the license sites of FM Stations KTJM, Channel 253C, Port Arthur, Texas and Station KKST, Channel 254C1, Oakdale, Louisiana. Additionally, Channel 224A can be allotted to Leesville in compliance with the Commission's rules provided there is a site restriction of 12.6 kilometers (7.8 miles) east of Leesville at reference coordinates 31-07-40 North Latitude and 93-08-03 West Longitude. The site restriction is necessary to prevent short-spacing to the license site of FM Station KJVC, Channel 224A, Mansfield, Louisiana.

This interim final rule clarifies our timeline for implementation of the competitive acquisition program under section 1847B of the Social Security Act and corrects technical errors that appeared in the addenda to the interim final rule with comment period published in the Federal Register on July 6, 2005 entitled ``Competitive Acquisition of Outpatient Drugs and Biologicals Under Part B.''

Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed below. The BFEs are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

Modified Base (1% annual chance) Flood Elevations (BFEs) are finalized for the communities listed below. These modified elevations will be used to calculate flood insurance premium rates for new buildings and their contents.

Base (1% annual chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

The Office of Surface Mining Reclamation and Enforcement (OSM) is clarifying its decision with respect to one section of an amendment to the Pennsylvania regulatory program (Pennsylvania program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The amendment concerned revisions to the Pennsylvania Surface Mining Conservation and Reclamation Act (PASMCRA) and implementing regulations at 25 Pa. Code Chapters 86-90 with regard to various issues including bonding, remining and reclamation, postmining discharges, and water supply protection/replacement. We approved this amendment, with certain exceptions, in a final rule published in the Federal Register on May 13, 2005 (70 FR 25472-25491). This clarification supplements a previous finding made in Section III. OSM's Findings. However, it does not change or otherwise affect our decision made in Section V. OSM's Decision.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 747-100, 747-100B, 747-200B, 747-200C, 747- 200F, 747-400F, 747SR, and 747SP series airplanes, without a stretched upper deck or stretched upper deck modification. This proposed AD would require detailed and high-frequency eddy current inspections for cracks at the outboard ends of each affected tension tie and of the surrounding structure, and related investigative and corrective actions if necessary. This proposed AD results from a report of a crack in the tension tie at the body station 820 frame connection, and cracks found on the Boeing 747SR fatigue-test airplane in both the tension ties and frames at the tension tie to frame connections at body stations 800, 820, and 840. We are proposing this AD to find and fix cracks in the tension ties, which could lead to cracks in the skin and body frame and result in rapid in-flight depressurization of the airplane.

This final rule revises the NASA FAR Supplement (NFS) by amending the definition of ``Contracting activity'' and ``Head of the contracting activity (HCA)'' consistent with the mission of the NASA Shared Services Center (NSSC) which is to provide selected services in support of Human Resources, Procurement, Financial Management and Information Technology operations across the Agency.

The Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking submitted by Mr. Robert H. Leyse (PRM-50-76). The petitioner requests that the NRC's regulations concerning the specified evaluation models for emergency core cooling systems (ECCS) and associated guidance documents be amended. The petitioner asserts that amendments are necessary to correct technical deficiencies in the correlations and data used for calculation of metal-water oxidation. The petitioner states that the correlations and data do not consider the complex thermal-hydraulic conditions present during a loss-of- coolant accident (LOCA), including the potential for very high fluid temperature. The Commission is denying Mr. Leyse's petition for rulemaking (PRM-50-76). None of the specific technical issues raised by the petitioner have shown safety-significant deficiencies in the research, calculation methods, or data used to support ECCS performance evaluations. NRC's technical safety analysis demonstrates that current procedures for evaluating ECCS performance are based on sound science and that no amendments to the NRC's regulations and guidance documents are necessary.

This document establishes Class D airspace at Eau Clair, WI. A control tower is currently under construction at Chippewa Valley Regional Airport. Controlled airspace extending upward from the surface is required when the control tower is operational. This action establishes a radius of controlled airspace for Eau Clair, WI.

This document confirms the effective date of the direct final rule which revises Class E airspace at Abilene Municipal Airport, KS.

This document corrects a notice of proposed rulemaking (REG- 108524-00) that was published in the Federal Register on Wednesday, May 18, 2005 (70 FR 28743). The document contains regulations providing guidance under section 1446 of the Internal Revenue Code relating to the circumstances under which a partnership may take partner-level deductions and losses into account in computing its withholding tax obligation with respect to a foreign partner's allocable share of effectively connected taxable income.

EPA is proposing to amend the regulations that identify revisions to the Arizona state implementation plan and the regulations that identify area designations within Arizona. In so doing, EPA is acting pursuant to the Agency's authority under the Clean Air Act to correct errors made in approving plan revisions and area redesignations. The purpose of this proposed rule is to correct an error in the adoption and submittal date shown for a revision to the implementation plan that EPA recently approved and to correct a transcription error in, and to make a more general correction to, the boundary description of the metropolitan Phoenix carbon monoxide area that EPA recently redesignated to attainment.

EPA is updating the materials submitted by the District of Columbia that are incorporated by reference (IBR) into the State implementation plan (SIP). The regulations affected by this update have been previously submitted by the State agency and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center located at EPA Headquarters in Washington, DC, and the EPA Regional Office.

The Nuclear Regulatory Commission (NRC) is making available the draft wording of a proposed amendment of its regulations. The proposal would amend Title 10 of the Code of Federal Regulations (10 CFR) part 52, ``Early Site Permits; Standard Design Certifications; and Combined Licenses for Nuclear Power Plants,'' and associated regulations based on experience gained from early site permit (ESP) and design certification reviews and discussions with stakeholders on the ESP and combined license (COL) processes. The changes should improve the effectiveness and efficiency of the licensing processes for future applicants. The availability of the draft rule language is intended to inform stakeholders of the current status of the NRC staff's activities to amend 10 CFR part 52. Publicly available documents related to this rulemaking may be viewed electronically on the public computers located at the NRC's Public Document Room (PDR), O1 F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. The PDR reproduction contractor will copy documents for a fee. Selected documents can be viewed and downloaded electronically via the NRC rulemaking Web site at https:// ruleforum.llnl.gov. Publicly available documents created or received at the NRC after November 1, 1999, are available electronically at the NRC's Electronic Reading Room at https://www.nrc.gov/NRC/ADAMS/. From this site, the public can gain entry into the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC PDR Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to pdr@nrc.gov.

This amendment adopts a new airworthiness directive (AD), applicable to certain Bombardier Model CL-600-2B19 (Regional Jet Series 100& 440) airplanes, that requires performing an inspection of the electrical harnesses of the spoiler and the brake pressure sensor unit on both sides of the wing root to detect any chafing or wire damage, and repairing or replacing any damaged or chafed harness or wire with a new harness, as applicable. This action also provides/requires a terminating modification for the one-time inspection. The actions specified by this AD are intended to detect and correct chafing of the electrical cables of the spoiler and brake pressure sensor unit on both sides of the wing root, which could result in loss of the flight control system and consequent reduced controllability of the airplane. This action is intended to address the identified unsafe condition.