October 7, 2005 – Federal Register Recent Federal Regulation Documents

Safety Zone Regulations, Downed Aircraft, Browns Bay, WA
Document Number: 05-20342
Type: Rule
Date: 2005-10-07
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone on the waters of Puget Sound around the body and debris of a helicopter. The Coast Guard is establishing this zone to ensure unencumbered access for rescuers and investigators, and protect the public from numerous dangers associated with recovery of this submerged aircraft. Entry into this zone is prohibited unless authorized by the Captain of the Port, Puget Sound or his designated representatives.
Transactions Subject to FPA Section 203
Document Number: 05-20311
Type: Proposed Rule
Date: 2005-10-07
Agency: Department of Energy, Federal Energy Regulatory Commission
Pursuant to Subtitle G (Market Transparency, Enforcement, and Consumer Protection), section 1289 (Merger Review Reform), of Title XII (Electricity Modernization Act of 2005), of the Energy Policy Act of 2005 (EPAct 2005), Pub. L. 109-58, 119 Stat. 594 (2005), the Federal Energy Regulatory Commission (Commission) is proposing rules and amendments to the Commission's regulations to implement amended section 203 of the Federal Power Act (FPA). The Commission seeks public comment on the rules and amended regulations proposed herein.
Reserve Requirements of Depository Institutions
Document Number: 05-20299
Type: Rule
Date: 2005-10-07
Agency: Federal Reserve System, Agencies and Commissions
The Board is amending Regulation D, Reserve Requirements of Depository Institutions, to reflect the annual indexing of the low reserve tranche and of the reserve requirement exemption amount for 2006. The Regulation D amendments increase the amount of net transaction accounts at each depository institution that is subject to a three percent reserve requirement in 2006 from $47.6 million to $48.3 million. This amount is known as the low reserve tranche. The Regulation D amendments also increase the amount of total reservable liabilities of each depository institution that is subject to a zero percent reserve requirement in 2006 from $7.0 million to $7.8 million. This amount is known as the reserve requirement exemption amount. The adjustments to both of these amounts are derived using statutory formulas specified in the Federal Reserve Act. The Board is also announcing increases in two other amounts, the nonexempt deposit cutoff level and the reduced reporting limit, that are used to determine the frequency with which depository institutions must submit deposit reports. These amounts are indexed annually in order to reduce reporting burden for smaller depository institutions.
Parts and Accessories Necessary for Safe Operation: Surge Brake Requirements
Document Number: 05-20297
Type: Proposed Rule
Date: 2005-10-07
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
In response to a petition for rulemaking from the Surge Brake Coalition, the Federal Motor Carrier Safety Administration proposes to amend the Federal Motor Carrier Safety Regulations (FMCSRs) to allow the use of automatic hydraulic inertia brake systems (surge brakes) on trailers operated in interstate commerce. A surge brake is a self- contained permanently closed hydraulic brake system activated in response to the braking action of the tow vehicle. The amount of trailer braking effort developed is proportional to the total trailer weight and deceleration rate of the tow vehicle. Currently, surge brakes are not considered by FMCSA to comply with the FMCSRs specifying that all brakes with which a motor vehicle is equipped must at all times be capable of operating, and that a single application valve must, when applied, operate all the service brakes on the motor vehicle or combination of motor vehicles. The intent of this rulemaking is to adopt performance-based brake system requirements to allow the use of surge brakes on certain combinations of commercial motor vehicles based upon engineering test data submitted by the Surge Brake Coalition.
Change of Controlling Agency for Restricted Areas; HI
Document Number: 05-20279
Type: Rule
Date: 2005-10-07
Agency: Federal Aviation Administration, Department of Transportation
This action changes the controlling agency of Restricted Areas R-3101 PMRFAC Four, R-3103 Humuula, R-3107 Kaula Rock, R-3109A, B & C Schofield-Makua, Oahu, and R-3110A, B & C Schofield-Makua, Oahu, HI. The FAA is taking this action to reflect an administrative change of controlling agencies for the restricted areas. There are no changes to the boundaries; designated altitudes; time of designation; or activities conducted within the affected restricted areas.
Security Zones; Port Valdez and Valdez Narrows, Valdez, AK
Document Number: 05-20276
Type: Proposed Rule
Date: 2005-10-07
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to establish permanent security zones encompassing the Trans-Alaska Pipeline (TAPS) Valdez Terminal Complex, Valdez, Alaska and TAPS Tank Vessels and a security zone in the Valdez Narrows, Port Valdez, Alaska. These security zones are necessary to protect the TAPS Terminal and vessels from damage or injury from sabotage, destruction or other subversive acts. Entry of vessels into these security zones would be prohibited unless specifically authorized by the Captain of the Port, Prince William Sound, Alaska.
Airworthiness Directives; Dassault Model Falcon 2000 Airplanes
Document Number: 05-20272
Type: Proposed Rule
Date: 2005-10-07
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Dassault Model Falcon 2000 airplanes. This proposed AD would require an inspection for the presence of fail-safe pins, nuts, and washers on each engine, and replacement of the fail-safe fastener assembly with a new assembly if necessary. This proposed AD results from a report of a missing pin of a fail-safe fastener. We are proposing this AD to prevent reduced structural integrity of an engine mount due to a missing pin of a fail-safe fastener, and possible separation of an engine from the airplane during flight.
Airworthiness Directives; Bombardier Model CL-600-2C10 (Regional Jet Series 700, 701, & 702), CL-600-2D15 (Regional Jet Series 705), and CL-600-2D24 (Regional Jet Series 900) Airplanes
Document Number: 05-20271
Type: Proposed Rule
Date: 2005-10-07
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier Model CL-600-2C10 (Regional Jet Series 700, 701, & 702), CL-600-2D15 (Regional Jet Series 705), and CL-600-2D24 (Regional Jet Series 900) airplanes. This proposed AD would require repetitive inspections for cracking or fracturing of the output links of the power control unit (PCU) for the ailerons, and related investigative and corrective actions if necessary. This proposed AD results from reports of fractured output links of the aileron PCU. We are proposing this AD to prevent failure of an output link of the aileron PCU, which, if both links on one aileron fail, could result in reduced lateral control of the airplane.
Airworthiness Directives; Boeing Model 737-300, -400, -500, -700, and -800 Series Airplanes; Model 747-400 and -400F Series Airplanes; Model 757-200 Series Airplanes; Model 767-300 Series Airplanes; and Model 777-300 Series Airplanes Equipped With Certain Driessen or Showa Galleys or Driessen Closets
Document Number: 05-20270
Type: Proposed Rule
Date: 2005-10-07
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing transport category airplanes. This proposed AD would require inspecting to determine if certain galleys and closets are installed, and replacing the spiral wire wrapping of the electrical cables of the galleys and closets with new spiral wire wrapping if necessary. This proposed AD results from testing and reports from the manufacturer indicating unacceptable flammability properties of wire wrapping installed in certain galleys and closets. We are proposing this AD to prevent fire propagation or smoke in the cabin area due to electrical arcing or sparking and ignition of the spiral wire wrapping.
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-120, -120ER, -120FC, -120QC, and -120RT Airplanes
Document Number: 05-20269
Type: Proposed Rule
Date: 2005-10-07
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for all Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-120, -120ER, -120FC, -120QC, and -120RT airplanes. This proposed AD would require modifying electrical harnesses located at the left- and right- hand wing roots; and re-routing and modifying the harness of the right- hand outboard flap actuator. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent chafed electrical harnesses, which could result in a potential source of ignition for fuel vapors near a fuel tank and consequent fire or fuel tank explosion.
Airworthiness Directives; Boeing Model 747 Airplanes
Document Number: 05-20268
Type: Proposed Rule
Date: 2005-10-07
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for all Boeing Model 747 airplanes. This proposed AD would require the following actions for the drive mechanism of the horizontal stabilizer: Repetitive detailed inspections for discrepancies and loose ball bearings; repetitive lubrication of the ballnut and ballscrew; repetitive measurements of the freeplay between the ballnut and the ballscrew; and corrective action if necessary. This proposed AD is prompted by a report of extensive corrosion of a ballscrew in the drive mechanism of the horizontal stabilizer on a similar airplane model. We are proposing this AD to prevent an undetected failure of the primary load path for the ballscrew in the horizontal stabilizer and subsequent wear and failure of the secondary load path, which could lead to loss of control of the horizontal stabilizer and consequent loss of control of the airplane.
Airworthiness Directives; Boeing Model 767 Airplanes
Document Number: 05-20267
Type: Proposed Rule
Date: 2005-10-07
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for all Boeing Model 767 airplanes. This proposed AD would require the following actions for the drive mechanism of the horizontal stabilizer: Repetitive detailed inspections for discrepancies and loose ball bearings; repetitive lubrication of the ballnut and ballscrew; repetitive measurements of the freeplay between the ballnut and the ballscrew; and corrective action if necessary. This proposed AD is prompted by a report of extensive corrosion of a ballscrew in the drive mechanism of the horizontal stabilizer on a similar airplane model. We are proposing this AD to prevent an undetected failure of the primary load path for the ballscrew in the horizontal stabilizer and subsequent wear and failure of the secondary load path, which could lead to loss of control of the horizontal stabilizer and consequent loss of control of the airplane.
Title VI Regulations for Federal Motor Carrier Safety Administration Financial Assistance Recipients
Document Number: 05-20261
Type: Rule
Date: 2005-10-07
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA adopts as final its interim regulations at 49 CFR part 303 governing civil rights matters, consistent with the savings provision of section 106(b) of the Motor Carrier Safety Improvement Act of 1999. As with the interim rule, this final rule clarifies and modifies the applicability of certain Federal Highway Administration (FHWA) and Departmental umbrella Title VI provisions of the Civil Rights Act of 1964, and related nondiscrimination statutes, as they apply to FMCSA Federal financial assistance recipients. Part 303 was created to provide FMCSA with initial guidelines and procedures, as well as future FMCSA Title VI implementing regulations and any future guidelines on Title VI compliance. FMCSA removed itself from the FHWA Title VI regulations in 23 CFR part 200 to avoid confusion, while not altering the substantive Title VI obligations of FMCSA and its grantees. FMCSA remains subject to the Departmental umbrella Title VI regulations in 49 CFR part 21 and will develop as needed further guidelines and procedures to assure effective and consistent implementation for financially assisted recipients. We have not made any changes to the interim rules in part 303, and we adopt the interim regulations as final without change.
Mode S Transponder Requirements in the National Airspace System
Document Number: 05-20183
Type: Proposed Rule
Date: 2005-10-07
Agency: Federal Aviation Administration, Department of Transportation
This notice of policy announces the FAA's policy concerning current exemptions from the Mode S transponder equipment requirements under Title 14 of the Code of Federal Regulations Sec. Sec. 121.345(c) and 135.143(c). Additionally, this notice of policy seeks comments from persons currently holding an exemption from the above regulations on a proposed date for which they must comply with the equipment requirements.
Mode S Transponder Requirements in the National Airspace System
Document Number: 05-20181
Type: Proposed Rule
Date: 2005-10-07
Agency: Federal Aviation Administration, Department of Transportation
On May 23, 1996, the Federal Aviation Administration (FAA) proposed to rescind the requirement to install a Mode S transponder on all aircraft operating under parts 135 and those aircraft operating under part 121 of Title 14 of the Code of Federal Regulations that are not equipped with Traffic Collision and Alert System (TCAS) II. The FAA has, however, reassessed the need for retaining this requirement and now withdraws that notice.
Modification of Class D and Class E Airspace; Topeka, Forbes Field, KS
Document Number: 05-20179
Type: Rule
Date: 2005-10-07
Agency: Federal Aviation Administration, Department of Transportation
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 Tuesday, July 12, 2005 (70 FR 39914).
Obligation To Solicit Race and Gender Data for Agency Enforcement Purposes
Document Number: 05-20176
Type: Rule
Date: 2005-10-07
Agency: Department of Labor, Office of Federal Contract Compliance Programs, Federal Contract Compliance Programs Office
Office of Federal Contract Compliance Programs (OFCCP) regulations require covered federal contractors and subcontractors to collect information about the gender, race and ethnicity of each ``applicant'' for employment. The final rule published today modifies OFCCP applicant recordkeeping requirements to address challenges presented by the use of the Internet and electronic data technologies in contractors' recruiting and hiring processes. The final rule is intended to address recordkeeping requirements regarding ``Internet Applicants'' under all OFCCP recordkeeping and data collection requirements.
Special Conditions: Raytheon Model HS.125 Airplanes; High-Intensity Radiated Fields (HIRF)
Document Number: 05-20175
Type: Rule
Date: 2005-10-07
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for a Raytheon Model HS.125 airplane modified by LJSC Ltd. This modified airplane will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. The modification incorporates the installation of two Air Data Display Units and two Air Data Sensors manufactured by Innovative Solutions and Support. These systems perform critical functions. 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 established by the existing airworthiness standards.
Alaska Native Veterans Allotments
Document Number: 05-20164
Type: Proposed Rule
Date: 2005-10-07
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
The Bureau of Land Management (BLM) proposes to amend regulations published in the Federal Register on Friday, June 30, 2000 (65 FR 40953). The existing regulations allowed certain Alaska Native veterans another opportunity to apply for a Native allotment under the repealed Native Allotment Act of 1906. This proposed rulemaking would delete the requirement that veteran applicants must post the land by marking all corners of the ground with their name and address prior to filing an application with the BLM. Enforcement of the posting rule for allotments adjudicated under the 1906 Act was previously waived by an Assistant Secretary. Therefore, the posting requirement is deemed unnecessary for Native veteran allotment cases.
Leasing in Special Tar Sand Areas
Document Number: 05-20150
Type: Rule
Date: 2005-10-07
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
The Bureau of Land Management (BLM or ``we'') is issuing this interim final rule to amend regulations for the leasing of hydrocarbons, except coal, gilsonite and oil shale, in special tar sand areas. In this rule, BLM amends our regulations to respond to provisions of the Energy Policy Act of 2005 that allow separate oil and gas leases and tar sand leases in special tar sand areas, specify several oil and gas leasing practices that apply to tar sand leases, increase the maximum size for combined hydrocarbon leases and tar sand leases, and set the minimum acceptable bid for tar sand leases at $2.00 per acre. The law requiring these changes also requires that this rule be published as a final rule within 45 days of enactment. This is an interim final rule. Although the rule is effective upon publication, there is a 60-day comment period that starts on the date of publication. After the comment period, we will review the comments and may issue a further final rule making any necessary changes.
Navajo Partitioned Lands Grazing Permits
Document Number: 05-20100
Type: Rule
Date: 2005-10-07
Agency: Department of the Interior, Bureau of Indian Affairs, Indian Affairs Bureau
The Department of the Interior (Department), Bureau of Indian Affairs (BIA), is amending its regulations by adding a new part to govern the grazing of livestock on the Navajo Partitioned Land (NPL) of the Navajo-Hopi Former Joint Use Area (FJUA) of the 1882 Executive Order reservation. The purpose of this regulation is to conserve the rangelands of the NPL in order to maximize future use of the land for grazing and other purposes, while recognizing the importance of livestock in the Navajo way of life.
Medicare and Medicaid Programs; Condition of Participation: Immunization Standard for Long Term Care Facilities
Document Number: 05-19987
Type: Rule
Date: 2005-10-07
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
The goal of this final rule is to increase immunization rates in Medicare and Medicaid participating long term care (LTC) facilities by requiring LTC facilities to offer each resident immunization against influenza annually, as well as lifetime immunization against pneumococcal disease. LTC facilities will be required to ensure that before offering the immunization, each resident or the resident's legal representative receives education regarding the benefits and potential side effects of immunization. The facilities will be required to offer immunization against influenza annually and immunization against pneumococcal disease once, unless medically contraindicated or the resident or the resident's legal representative refuses immunization. Increasing the use of Medicare-funded preventive services is a goal of both CMS and the Centers for Disease Control and Prevention (CDC). This final rule is intended to increase the number of elderly receiving influenza and pneumococcal immunization and decrease the morbidity and mortality rate from influenza and pneumococcal diseases.
Medicare Program; Termination of Non-Random Prepayment Review
Document Number: 05-19925
Type: Proposed Rule
Date: 2005-10-07
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This proposed rule would implement the statutory requirements regarding the termination of non-random prepayment review under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. This proposed rule provides the criteria for terminating a provider or supplier from non-random prepayment review.
Oil and Gas Leasing; Geothermal Resources Leasing; Coal Management; Management of Solid Minerals Other Than Coal; Mineral Materials Disposal; and Mining Claims Under the General Mining Laws
Document Number: 05-19851
Type: Rule
Date: 2005-10-07
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
The Bureau of Land Management (BLM) is issuing this final rule to amend its mineral resources regulations to increase certain fees and to impose new fees to cover BLM's costs of processing documents relating to its minerals programs. The new fees include costs of actions such as environmental studies performed by BLM, lease applications, name changes, corporate mergers, lease consolidations and reinstatements, and other processing-related costs. BLM established some fixed fees and some fees on a case-by-case basis. BLM based these fee changes on statutory authorities, which authorize us to charge for our processing costs, and on policy guidance from the Office of Management and Budget (OMB) and the Department of the Interior (DOI) requiring BLM to charge these fees. This rule also responds to recommendations issued in audit reports by the DOI's Office of Inspector General (OIG). The final rule also reflects changes to the proposed rule required by the Energy Policy Act of 2005.
Hazardous Materials Training Requirements
Document Number: 05-19659
Type: Rule
Date: 2005-10-07
Agency: Federal Aviation Administration, Department of Transportation
The Federal Aviation Administration (FAA) is amending its hazardous materials (hazmat) training requirements for certain air carriers and commercial operators. In addition, the FAA is requiring that certain repair stations provide documentation showing that persons handling hazmat for transportation have been trained, as required by the Department of Transportation's Hazardous Materials Regulations (HMRs). The FAA is updating its regulations because hazmat transportation and the aviation industry have changed significantly since the FAA promulgated its hazmat regulations over 25 years ago. The rule will set clear hazmat training standards and ensure uniform compliance with hazmat training requirements.
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