October 26, 2005 – Federal Register Recent Federal Regulation Documents
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Advanced Wireless Services
In this document, the Commission requires Broadband Radio Service (BRS) licensees in the 2150-2160/62 MHz band to provide information on the construction status and operational parameters of each incumbent BRS system that would be the subject of relocation.
Advanced Wireless Services
This document seek comment on the specific relocation procedures applicable to Broadband Radio Service (BRS) operations in the 2150-2160/62 MHz band, which the Commission recently decided will be relocated to the newly restructured 2495-2690 MHz band. We also seek comment on the specific relocation procedures applicable to Fixed Microwave Service (FS) operations in the 2160-2175 MHz band. We propose to generally follow our relocation policies delineated in our Emerging Technologies proceeding and as modified by subsequent decisions.
Advanced Wireless Services
This document reallocates the 2155-2160 MHz band for Fixed and Mobile services and designates the 2155-2175 MHz band for Advanced Wireless Service (AWS) use. We continue our ongoing efforts to promote spectrum utilization and efficiency with regard to the provision of new services, including Advanced Wireless Services (AWS).
Safety Zone Regulation; Tampa Bay, FL
The Coast Guard is establishing a temporary safety zone on the waters of Tampa Bay, Florida, in the vicinity of the Clearwater Memorial bascule bridge. This safety zone is being established to protect mariners from the hazards associated with the blasting demolition of the concrete portions of the Clearwater Memorial bascule bridge. This rule is necessary to provide for the safety of life on the navigable waters of the United States.
Filing of Constructive Removal Complaints by Administrative Law Judges; Reopening of the Comment Period
The Merit Systems Protection Board (MSPB or ``the Board'') is reopening the comment period for a proposed rule published in the Federal Register on August 16, 2005 (70 FR 48081). The proposed rule revised 5 CFR 1201.142 and concerned the filing of constructive removal complaints by administrative law judges. The Board is reopening the comment period because of the widespread disruption caused by hurricanes Rita and Katrina.
Fisheries of the Exclusive Economic Zone Off Alaska; Cape Sarichef Research Restriction Area Opening for the Groundfish Fisheries of the Bering Sea and Aleutian Islands Management Area
NMFS proposes to open the Cape Sarichef Research Restriction Area in the Bering Sea and Aleutian Islands Management Area (BSAI) to directed fishing for groundfish using trawl, pot, and hook-and-line gear from March 15, 2006, through March 31, 2006. Because NMFS' Alaska Fisheries Science Center (AFSC) will not conduct research in this area in 2006, closure of the Cape Sarichef Research Restriction Area is not needed. This action is intended to relieve an unnecessary restriction on groundfish fisheries and allow the optimum utilization of fishery resources, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). This proposed rule also would remove the regulations for the Cape Sarichef Research Restriction Area, as well as regulations for the Chiniak Gully Research Area because both research projects have ended.
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; VOC and NOX
EPA proposes to approve revisions to the Commonwealth of Pennsylvania State Implementation Plan (SIP). The revisions were submitted by the Pennsylvania Department of Environmental Protection (PADEP) to establish and require reasonably available control technology (RACT) for two major sources of volatile organic compounds (VOC) and nitrogen oxides (NOX) pursuant to the Commonwealth of Pennsylvania's (Pennsylvania or the Commonwealth) SIP-approved generic RACT regulations. EPA is proposing to approve these revisions in accordance with the Clean Air Act (CAA).
Medical Devices; Immunology and Microbiology Devices; Classification of Cystic Fibrosis Transmembrane Conductance Regulator Gene Mutation Detection System
The Food and Drug Administration (FDA) is classifying the cystic fibrosis transmembrane conductance regulator (CFTR) gene mutation detection 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: CFTR Gene Mutation Detection 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 the guidance document that will serve as the special control for the device.
Endangered and Threatened Wildlife and Plants; 90-day Finding on Petitions to Establish the Northern Rocky Mountain Distinct Population Segment of Gray Wolf (Canis lupus) and to Remove the Gray Wolf in the Northern Rocky Mountain Distinct Population Segment from the List of Endangered and Threatened Species
We, the U.S. Fish and Wildlife Service (USFWS), announce a 90- day finding for two petitions(1) the first that sought removal of the gray wolf from the designation of endangered under the Endangered Species Act of 1973, as amended (ESA); and (2) the second that requested to establish the northern Rocky Mountain Distinct Population Segment (Rocky Mountain DPS) of gray wolf (Canis lupus) and to remove the gray wolf in the northern Rocky Mountain DPS from the Federal list of threatened and endangered species, pursuant to the ESA. Although only one of these petitions presented substantial information, we have considered the collective weight of evidence indicating that the northern Rocky Mountain population of gray wolves may qualify as a DPS and that delisting may be warranted. We are initiating a status review to determine if delisting the species is warranted. To ensure that the review is comprehensive, we are soliciting information and data regarding this species.
Supplemental Financial Disclosure Requirements for Employees of the Department of Health and Human Services; Corrections
The Department of Health and Human Services published a final rule in the Federal Register on Wednesday, August 31, 2005 (70 FR 51559), establishing supplemental financial disclosure reporting requirements for certain employees of the Food and Drug Administration (FDA) and the National Institutes of Health (NIH). That document contained language that incorrectly rendered the supplemental reporting requirements inapplicable to new entrant employees who file either a public or confidential financial disclosure report. This document corrects the final regulation by revising the appropriate sections.
Fidelity Bond and Insurance Coverage for Federal Credit Unions
NCUA is amending its fidelity bond rule to increase the maximum allowable deductible, presently $200,000, and to change the minimum required coverage. NCUA is also removing its listing of approved bonds in the rule but will continue to list and update them on its Web site, and has concluded it will be useful to include in the rule some additional factors credit unions should consider in determining whether to raise their bond coverage above the regulatory requirements. NCUA believes these changes modernize the rule and provide flexibility while addressing safety and soundness concerns. In response to public comment, NCUA has elected not to rescind its approval of Blanket Bond Standard Form 23. Finally, NCUA is making a technical correction in the regulation that requires fidelity bond coverage for federally insured, state chartered credit unions.
Drawbridge Operation Regulations; Knapps Narrows, MD
The Commander, Fifth Coast Guard District, has approved a temporary deviation from the regulations governing the operation of the Route 33/Knapps Narrows Bridge, at mile 0.4, across Knapps Narrows, at Tilghman, Maryland. This deviation allows the drawbridge to remain closed-to-navigation each day from 9 p.m. to 5 a.m., beginning on Monday, October 24 until Friday, October 28, 2005, to facilitate mechanical repairs.
Amendment of Class E Airspace; Cortland, NY; Ithaca, NY; Elmira, NY; Endicott, NY; Sayre, PA
This action removes the description of the Class E airspace designated for Cortland, NY, Cortland County-Chase Field Airport (N03); Ithaca, NY, Tompkins County Airport (ITH); Elmira, NY, Elmira/Corning Regional Airport (ELM); Endicott, NY, Tri-Cities Airport (CZG); and Sayre, PA, Robert Parker Hospital Heliport. The affected Class E-5 airspace for the airports included in these descriptions will be consolidated into the amended Binghamton, NY airspace description contained in Docket No. FAA-2005-22100, Airspace Docket No. 05-AEA-16, effective February 16, 2006.
Amendment of Class E Airspace; Binghamton, NY
This action amends Class E airspace at Binghamton, NY. The development of multiple area navigation (RNAV) Standard Instrument Approach Procedures (SIAP) for numerous airports within the Binghamton, NY geographical area with approved Instrument Flight Rules (IFR) operations and the resulting overlap of designated Class E-5 airspace have made this action necessary. This action consolidates the Class E-5 airspace designations for five airspace and one heliport and results in the rescission of the five Class E-5 descriptions through separate rulemaking action. The area will be depicted on aeronautical charts for pilot reference.
Establishment of Area Navigation Instrument Flight Rules Terminal Transition Routes (RITTR); Cincinnati, OH
This action establishes three Area Navigation Instrument Flight Rules Terminal Transition Routes (RITTR) in the Cincinnati, OH, terminal area. The FAA originally proposed to establish four routes as part of this action, but one route (T-212) was deleted because it did not meet RITTR design criteria and its short length would provide limited benefits. RITTR's are low altitude Air Traffic Service (ATS) routes, based on Area Navigation (RNAV), for use by aircraft having Instrument Flight Rules (IFR)-approved Global Positioning System (GPS)/ Global Navigation Satellite System (GNSS) equipment. The FAA is taking this action to enhance safety and facilitate the more flexible and efficient use of the navigable airspace in the Cincinnati terminal area.
Airworthiness Directives; Airbus Model A320-111, -211, -212, and -231 Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain Airbus Model A320-111, -211, -212, and -231 airplanes. This AD requires, for certain airplanes, modifying the cables and access holes to the inner tank fuel pumps; and, for certain other airplanes, inspecting the fuel pump access holes and modifying the access holes, if necessary. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent chafing of the fuel pump cables, which could result in electrical arcing and possible ignition of fuel vapors and consequent explosion of the fuel tank.
Airworthiness Directives; Boeing Model 757-200, -200PF, and -300 Series Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 757-200, -200PF, and -300 series airplanes. This AD requires inspecting for damage of the ground brackets, ground wires, and terminal lugs of the auxiliary power unit (APU) battery and the APU start transformer rectifier unit (TRU) as applicable; and corrective and related investigative actions. This AD results from reports indicating that during inspections on two airplanes, the ground brackets for the APU battery were found damaged. We are issuing this AD to detect and correct a damaged electrical bonding surface of the APU battery and APU start TRU ground connections, which could cause overheating of the ground connections and lead to possible consequent ignition of the adjacent insulating blankets.
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ, -135ER, -135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain EMBRAER airplane models as identified above. This AD requires modifying the total air temperature (TAT) sensor heating system. This AD also allows replacing the fully automated digital electronic control (FADEC) assemblies with new or modified assemblies as an additional means of compliance. This AD results from a report indicating that the FADEC unit failed to compensate for ice accretion on the engine fan blades due to a false temperature signal from the TAT sensor to the FADEC. We are issuing this AD to prevent failure of the TAT sensor, which could result in insufficient thrust to take off or (if coupled with the loss of an engine during takeoff) to abort the takeoff in a safe manner, and consequent reduced controllability of the airplane.
Radio Broadcasting Services; Haven and Hutchinson, KS
The Audio Division, at the request of Ad Astra per Aspera Broadcasting, Inc., reallots Channel 246C2 from Hutchinson to Haven, Kansas, and modifies Station KSKU(FM)'s license accordingly. See 69 FR 60344, October 8, 2004. Channel 246C2 can be allotted to Haven in compliance with the Commission's minimum distance separation requirements with a site restriction of 24.9 kilometers (15.5 miles) southeast at petitioner's requested site. The reference coordinates for Channel 246C2 at Haven are 37-47-47 North Latitude and 97-31-59 West Longitude.
Radio Broadcasting Services; Rule, TX
The Audio Division, at the request of Jeraldine Anderson, allots Channel 253A at Rule, Texas, as the community's second local FM service. Channel 253A can be allotted to Rule, Texas, in compliance with the Commission's minimum distance separation requirements with a site restriction of 3.2 km (2.0 miles) southwest of Rule. The coordinates for Channel 253A at Rule, Texas, are 33-10-17 North Latitude and 99-55-24 West Longitude.
Digital Television Broadcast Service; Laredo, TX
The Commission, at the request of Eagle Creek Broadcasting of Laredo, LLC, substitutes DTV channel 31 for KVTV's assigned DTV channel 14. See 68 FR 42662 (July 18, 2003). DTV channel 31 can be allotted to Laredo, Texas, in compliance with the principle community coverage requirements of Section 73.625(a) at reference coordinates 27-31-19 N. and 99-31-19 W. with a power of 200, HAAT of 262 meters and with a DTV service population of 140 thousand. Since the community of Laredo is located within 275 kilometers of the U.S.-Mexico border, concurrence from the Mexican government has been obtained for this allotment. With this action, this proceeding is terminated.
Truth-in-Billing and Billing Format; National Association of State Utility Consumer Advocates' Petition for Declaratory Ruling Regarding Truth-in-Billing
In this document, the Commission announces that the Office of Management and Budget (OMB) has approved for three years the information collections contained in the Truth-in-Billing and Billing Format; National Association of State Utility Consumer Advocates' Petition for Declaratory Ruling Regarding Truth-in-Billing, Second Report and Order, Declaratory Ruling, and Second Further Notice of Proposed Rulemaking (Second Report and Order). The information collections contained in the Second Report and Order, were approved by OMB on September 15, 2005. The Second Report and Order states that the Commission will publish a document in the Federal Register announcing the effective date of this rule.
Airworthiness Directives; Boeing Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747SR, and 747SP Series Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747- 200C, 747-200F, 747-300, 747SR, and 747SP series airplanes. This AD requires doing a one-time high-frequency eddy current inspection and repetitive detailed inspections for cracks in the frame web of main entry door number 1; and repairing the door frame web if necessary. This AD also provides for optional terminating action for the repetitive inspections. This AD is prompted by reports of cracking at the upper aft corner of the cutout for main entry door number 1 in the station 488 frame web. We are issuing this AD to detect and correct cracks in the frame web. These cracks could cause the frame to break and lead to rapid decompression of the airplane.
Hazardous Materials Regulations: Aluminum Cylinders Manufactured of Aluminum Alloy 6351-T6 Used in SCUBA, SCBA, Carbon Dioxide, and Oxygen Service-Revised Requalification and Use Criteria
On September 10, 2003, the Research and Special Programs Administrationthe predecessor agency to the Pipeline and Hazardous Materials Safety Administration published a notice of proposed rulemaking (NPRM) to propose an inspection and testing program for early detection of sustained load cracking in certain cylinders manufactured with aluminum alloy 6351-T6. Based on comments received in response to that NPRM, we are proposing to adopt a maximum service life for cylinders manufactured with aluminum alloy 6351-T6 and to prohibit the use of these cylinders after the expiration of their maximum service life.
Approval and Promulgation of Air Quality Implementation Plans; State of Utah; State Implementation Plan Corrections
When EPA approved Utah State Implementation Plan (SIP) revisions for the Salt Lake City Carbon Monoxide (CO) Maintenance Plan and related Vehicle Inspection and Maintenance (I/M) Program for Salt Lake County, we inadvertently used an invalid acronym for the Utah Annotated Code. EPA is correcting this error with this document.
Airworthiness Directives; Sikorsky Aircraft Corporation Model S-76A, B, and C Helicopters
This amendment adopts a new airworthiness directive (AD) for the Sikorsky Aircraft Corporation (Sikorsky) Model S-76A, B, and C helicopters. This action requires certain inspections of the main rotor lower bifilar arm assembly in the attachment area around the lower bifilar lugs for a crack. If a crack is found on any bifilar lug, this AD requires replacing the bifilar arm assembly with an airworthy bifilar arm assembly. If no crack is found, this AD requires a one-time test for the required torque on the lug nuts and, if necessary, applying the required torque and conducting the torque stabilization tests. This amendment is prompted by four reports of cracked bifilars. The actions specified in this AD are intended to prevent failure of a bifilar lug, damage to the main rotor control system, and subsequent loss of control of the helicopter.
Airworthiness Directives; Pilatus Aircraft Ltd. Models PC-12 and PC-12/45 Airplanes
The FAA adopts a new airworthiness directive (AD) for certain Pilatus Aircraft Ltd. (Pilatus) Models PC-12 and PC-12/45 airplanes. This AD requires you to determine (maintenance records check and/or inspection) whether certain nose landing gear (NLG), main landing gear (MLG), and MLG shock absorber assemblies with a serial number beginning with ``AM'' are installed, and, if installed, would require you to replace them with ones without the ``AM.'' This AD is the result of mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Switzerland. We are issuing this AD to detect and correct the NLG, MLG, and MLG shock absorber assemblies that are affected by hydrogen embrittlement, which could result in failure of the landing gear. This failure could lead to nose or main landing gear collapse during operation with consequent loss of airplane control.
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