October 2005 – Federal Register Recent Federal Regulation Documents

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

We are proposing to amend the animal and animal product import regulations by adding provisions for the importation of cured or cooked shelf-stable meat derived from ruminants or swine that originate in a region where rinderpest or foot-and-mouth disease exists if the meat is cured or cooked in another region. This action would provide for the importation of these commodities while continuing to protect the U.S. ruminant and swine populations against incursions of rinderpest and foot-and-mouth disease.

NMFS, in cooperation with the Pacific Fishery Management Council (Council), announces its intention to prepare an EIS or an EA in accordance with the National Environmental Policy Act (NEPA) to assess the impacts of the 2007-2008 Pacific Coast groundfish fishery specifications and management measures on the human, biological, and physical environment.

This rule amends the passport regulations to incorporate changes related to introduction of the electronic passport. The rule defines ``electronic passport,'' includes a damaged electronic chip as an additional basis for possible invalidation of a passport and provides for no fee issuance of a replacement passport if an electronic chip fails.

EPA is proposing to approve revisions to the Ventura County Air Pollution Control District (VCAPCD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from surface cleaning operations. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

EPA is taking final action to approve a State Implementation Plan (SIP) revision submitted by the State of Colorado on July 31, 2002, for the purpose of redesignating the Lamar, Colorado area from nonattainment to attainment for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10) under the 1987 standards. The Governor's submittal, among other things, documents that the Lamar area has attained the PM10 National Ambient Air Quality Standards (NAAQS), requests redesignation to attainment and includes a maintenance plan for the area demonstrating maintenance of the PM10 NAAQS for ten years. EPA is approving this redesignation request and maintenance plan because Colorado has met the applicable requirements of the Clean Air Act (CAA), as amended. Upon the effective date of this approval, the Lamar area will be designated attainment for the PM10 NAAQS. This action is being taken under sections 107, 110, and 175A of the Clean Air Act.

The Securities and Exchange Commission is publishing for comment this interpretive release with respect to client commission practices under Section 28(e) of the Securities Exchange Act of 1934 (``Exchange Act''). Section 28(e) of the Exchange Act establishes a safe harbor that allows money managers to use client funds to purchase ``brokerage and research services'' for their managed accounts under certain circumstances without breaching their fiduciary duties to clients. In light of the Commission's experience with Section 28(e) and in recognition of changing market conditions, the Commission is proposing to provide further guidance on money managers' use of client assets to pay for research and brokerage services under Section 28(e) of the Exchange Act. This release also reiterates the statutory requirement that money managers must make a good faith determination that commissions paid are reasonable in relation to the value of the products and services provided by broker-dealers and that broker- dealers must be financially responsible for the brokerage and research products that they provide to money managers and must be involved in ``effecting'' the trade.

This action proposes to establish new Class E airspace at Tok Junction, AK. Two new Standard Instrument Approach Procedures (SIAPs) are being published for the Tok Junction Airport. There is no existing Class E airspace to contain aircraft executing the new instrument procedures at Tok Junction, AK. Adoption of this proposal would result in the establishment of Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at Tok Junction, AK.

This action proposes to establish new Class E airspace at Nondalton, AK. One new Standard Instrument Approach Procedure (SIAPs) and one Departure Procedure (DP) are being published for the Nondalton Airport. There is no existing Class E airspace to contain aircraft executing the new instrument procedures at Nondalton, AK. Adoption of this proposal would result in the establishment of Class E airspace upward from 700 feet (ft.) above the surface at Nondalton, AK.

This action proposes to revise Class E airspace at Koliganek, AK. Two new Standard Instrument Approach Procedures (SIAPs) are being published for the Koliganek Airport. Additional Class E Airspace is needed to contain aircraft executing instrument approaches at Koliganek Airport. Adoption of this proposal would result in additional Class E airspace upward from 1,200 feet (ft.) above the surface at Koliganek, AK.

EPA is taking direct final action on administrative changes to the EPA Acquisition Regulation (EPAAR). This action revises the EPAAR, but does not impose any new requirements on Agency contractors. The revisions in this direct final rule will make minor corrections to and streamline Agency acquisition processes to be consistent with and non- duplicative of the Federal Acquisition Regulation (FAR). Some EPAAR clauses will be revised and others will be removed. FAR clauses are available to provide coverage for the EPAAR clauses that are removed by this rule.

The FAA is adopting a new airworthiness directive (AD) for Rolls-Royce Corporation (RRC) (formerly Allison Engine Company) 501- D22A, 501-D22C, and 501-D22G turboprop engines. This AD requires a onetime inspection for proper metal hardness of certain 1st stage, 2nd stage, 3rd stage, and 4th stage turbine wheels. This AD results from a report of a turbine wheel found to be over dimensional limits, caused by improper metal hardness. We are issuing this AD to prevent uncontained turbine wheel failure, leading to damage of the airplane and total loss of engine power.

This document extends the period for comments on the proposed rule published on August 29, 2005. The proposed rule would revise the financial reports (Form LM-30) required to be filed by union officers and employees under the Labor-Management Reporting and Disclosure Act of 1959, as amended (LMRDA). The comment period, which was to expire on October 28, 2005, is extended ninety days to January 26, 2006.