October 4, 2005 – Federal Register Recent Federal Regulation Documents

This document corrects technical errors in the final rule that appeared in the August 12, 2005 Federal Register entitled ``Changes to the Hospital Inpatient Prospective Payment Systems and Fiscal Year 2006 Rates.''

EPA is approving three negative declarations submitted by the City of Albuquerque (Bernalillo County) certifying that there are no existing sources subject to the requirement of sections 111(d) and 129 of the Clean Air Act under their jurisdiction. These three negative declarations are for Sulfuric Acid Mist Emissions from Sulfuric Acid Plants, Fluoride Emissions from Phosphate Fertilizer Plants, and Total Reduced Sulfur Emissions from Kraft Pulp Mills. This is a direct final rule action without prior notice and comment because this action is deemed noncontroversial.

The FAA is superseding two existing airworthiness directives (AD), which apply to certain Boeing transport category airplanes. One AD currently requires doing certain inspections to detect cracks and corrosion around the lower bearing of the actuator attach fittings of the inboard and outboard flaps; repairing if necessary; and either overhauling the fittings or replacing them, which ends certain repetitive inspections. The other AD currently requires certain other inspections to detect discrepancies of the actuator attach fittings of the flaps, and follow-on and corrective actions if necessary, which ends the repetitive inspections of the first AD. For certain airplanes, this AD requires new inspections for discrepancies of the actuator attach fittings of the flaps, and follow-on and corrective actions if necessary, which ends the repetitive inspections of both existing ADs. For all airplanes, this AD requires repetitive overhaul/replacements of the actuator attach fittings of both the inboard and outboard flaps. This AD results from reports of cracks of the actuator attach fittings of the trailing edge flaps. We are issuing this AD to prevent cracking and other damage of the actuator attach fittings of the trailing edge flaps, which could result in abnormal operation or retraction of a trailing edge flap, and possible loss of controllability of the airplane.

The FAA proposes to adopt a new airworthiness directive (AD) for Sicma Aero Seat (formerly Farner) cabin attendant seat series 150 type FN and series 151 type WN. This proposed AD would require installing two protection fairings over the upper seat structure to cover the gap between the upper and lower seats and prevent any contact with the bottom seat folding mechanisms. This proposed AD results from a child catching its fingers in the folding mechanism of the bottom of the attendant seat. We are proposing this AD to prevent injury resulting from contact with the bottom folding mechanism.

The Food and Drug Administration (FDA) is classifying AFP-L3% (alpha-fetoprotein L3 subfraction) immunological test systems into class II (special controls). The special control that will apply to the device is the guidance document entitled ``Class II Special Controls Guidance Document: AFP-L3% Immunological Test Systems.'' The agency is classifying the device into class II (special controls) in order to provide a reasonable assurance of safety and effectiveness of the device. Elsewhere in this issue of the Federal Register, FDA is announcing the availability of a guidance document that will serve as the special control for the device.

These special conditions are issued for Raytheon Model BH125 Series 400A and 600A airplanes. These airplanes will have novel and unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. The modification incorporates the installation of dual Honeywell Model AM-250 digital altimeters. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for the protection of these systems from the effects of high-intensity radiated fields (HIRF). These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that provided by the existing airworthiness standards.

This action proposes to revise a segment of Jet Route J-158 between the Malad City, ID, Very High Frequency Omni-directional Range/ Distance Measuring Equipment (VOR/DME) and the Muddy Mountain, WY, Very High Frequency Omni-directional Range/Tactical Air Navigation (VORTAC). Specifically, the FAA is proposing to realign the route from Malad City, ID, to Big Piney, WY, VOR/DME to Muddy Mountain, WY. This proposed action would replace the sector taken out of service, reduce controller workload, and enhance the National Airspace System.

NMFS is closing directed fishing for groundfish by vessels using trawl gear in the Gulf of Alaska (GOA), except for directed fishing for pollock by vessels using pelagic trawl gear in those portions of the GOA open to directed fishing for pollock. This action is necessary because the 2005 Pacific halibut prohibited species catch (PSC) limit specified for trawl gear in the GOA has been caught.

Because of the inherent dangers present in all mining environments, we are considering regulatory and non-regulatory approaches to address the risks and hazards to miner safety from the use of or impairment from alcohol and other drugs, and are soliciting information from the public to help determine how to proceed.

This document responds to a petition for reconsideration of the August 24, 2004 final rule that amended regulations pertaining to the importation by registered importers (RIs) of motor vehicles that were not originally manufactured to comply with all applicable Federal motor vehicle safety, bumper, and theft prevention standards. The agency is not adopting the changes requested in the petition, except for one asking the agency to allow RIs to import motor vehicles that have been modified to comply with the Theft Prevention Standard and one asking the agency to allow an imported nonconforming motor vehicle to be operated on public roads prior to bond release solely for the purpose of conducting required EPA testing. Also, the agency has decided to eliminate the requirement for applicants for RI status to submit to the agency the social security numbers of its principals.

EPA is taking direct final action on the ``State Plan'' submitted by the state of Oklahoma on June 29, 2005, to fulfill the requirement of sections 111/(d)/129 of the Clean Air Act for commercial and industrial solid waste incineration (CISWI) units. The State Plan provides for the implementation and enforcement of the Emissions Guidelines, as promulgated by EPA December 1, 2000, applicable to existing CISWI units for which construction commenced on or before November 30, 1999. The State Plan establishes emission limits, monitoring, operating, and recordkeeping requirements for commercial and industrial solid waste incinerator (CISWI) units for which construction commenced on or before November 30, 1999.

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 and modified 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).

This interim rule lists communities where modification of the Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents.

Base (1% annual-chance) Flood Elevations and modified Base Flood Elevations (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).

This document corrects the notice of proposed rulemaking (REG- 106030-98) that was published in the Federal Register on Monday, September 19, 2005 (70 FR 54859) under section 863(d) governing the source of income from certain space and ocean activities.

The Food Safety and Inspection Service (FSIS) is adding San Marino to the list of countries eligible to export meat products to the United States. FSIS conducted a thorough review of the San Marino meat processing inspection system, including an on-site review of the San Marino meat processing inspection system in operation. FSIS concluded that San Marino's meat processing laws, regulations, and other written materials demonstrate that they establish requirements that are equivalent to the relevant requirements of the Federal Meat Inspection Act (FMIA) and its implementing regulations, and that San Marino's implementation of meat processing standards and procedures is equivalent to that of the United States. Meat products from San Marino may be imported into the United States only if these products are processed in certified establishments in San Marino and are derived from animals that were slaughtered only in certified establishments located in other countries that are eligible to export meat to the United States as a result of their slaughter inspection systems having been found equivalent to that of the United States. At present, San Marino will be eligible to export only processed pork products and not meat food products containing livestock product other than pork to the United States. San Marino did not ask to be approved for slaughter of pork. All meat products exported from San Marino to the United States will be subject to reinspection at the U.S. ports-of-entry by FSIS inspectors as required by law.

Under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA), the Environmental Protection Agency (EPA) proposes to revise certain requirements for the Toxics Release Inventory (TRI). The purpose of these revisions is to reduce reporting burden associated with the TRI reporting requirements while continuing to provide valuable information to the public that fulfills the purposes of the TRI program. ``Burden'' is the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose, or provide information to or for a Federal agency. The Agency will continue to provide valuable information to the public pursuant to section 313 of EPCRA and section 6607 of the Pollution Prevention Act (PPA) regarding toxic chemical releases and other waste management activities. If adopted, today's proposed action would increase eligibility for the Form A Certification Statement for non-Persistent Bioaccumulative and Toxic (PBT) chemicals by raising the eligibility threshold to 5000 pounds for the ``annual reportable amount'' of a toxic chemical. It would also, for the first time, allow limited use of Form A for PBT chemicals where total releases are zero and the PBT annual reportable amount does not exceed 500 pounds. Dioxin and dioxin-like compounds are excluded from consideration for expanded Form A eligibility. Today's proposal applies to the reporting of individual chemicals and is not intended to apply automatically to all reports that a facility may be required to file. For non-PBTs under the current regulations, the annual reportable amount is the combined total quantity released at the facility, treated at the facility, recovered at the facility as a result of recycle operations, combusted for the purpose of energy recovery at the facility, and amounts transferred from the facility to off-site locations for the purpose of recycling, energy recovery, treatment, and/or disposal. This combined total corresponds to the quantity of the toxic chemical in productionrelated waste, i.e., the sum of Sections 8.1 through and including Section 8.7 of the Form R. Today's proposal would define a PBT annual reportable amount that would also include amounts managed and reported under Section 8.8 of the Form R. Greater detail on how reporters can qualify for increased Form A eligibility is provided later in today's proposal under Section III.

The FAA is adopting a new airworthiness directive (AD) for certain BAE Systems (Operations) Limited Model ATP airplanes. This AD requires doing an inspection of each bolt attaching the aft isolators to both engine subframes and replacing bolts if necessary. This AD results from reports of failures of the bolts attaching the aft isolators to the engine subframe. We are issuing this AD to prevent failure of the bolts attaching the aft isolators to the engine subframe, which may result in an engine separating from the airplane.

This document contains proposed regulations regarding the application of section 409A to nonqualified deferred compensation plans. The regulations affect service providers receiving amounts of deferred compensation, and the service recipients for whom the service providers provide services. This document also provides a notice of public hearing on these proposed regulations.