October 2005 – Federal Register Recent Federal Regulation Documents

Due to the need to reschedule three public hearings regarding the draft Consolidated Highly Migratory Species (HMS) Fishery Management Plan (FMP), and the extended recovery period needed for the Gulf region constituents from Hurricanes Katrina and Rita, NMFS is extending the comment period to provide adequate opportunity for public comment on the draft Consolidated HMS FMP and its proposed rule. NMFS is extending the comment period until March 1, 2006. The original comment period was scheduled to conclude on October 18, 2005. The three public hearings were cancelled in Federal Register documents on September 7 and 23, 2005. The draft Consolidated HMS FMP and its proposed rule describe a range of management measures that could impact fishermen and dealers for all HMS fisheries. NMFS is also rescheduling the October 11-13, 2005, HMS and Billfish Advisory Panels (AP) meeting to February 21-23, 2006. The intent of this meeting is to consider alternatives for the conservation and management of HMS as presented in the draft Consolidated HMS FMP and its proposed rule.

EPA is proposing to approve revisions to the Texas State Implementation Plan (SIP) concerning the Emission Credit Banking and Trading program. Additionally, EPA is proposing approval of a section of the Texas rules on Control of Air Pollution from Volatile Organic Compounds that cross-references the Emission Credit Banking and Trading program. We are also proposing approval of a subsection of Chapter 116 of the Texas Administrative Code (TAC), Control of Air Pollution by Permits for New Construction or Modification, which provides a definition referred to in the Emission Credit Banking and Trading Program.

EPA is proposing to approve revisions to the Texas State Implementation Plan (SIP) concerning the Mass Emissions Cap and Trade (MECT) program for emissions of nitrogen oxides (NOX) in the Houston/Galveston/Brazoria (HGB) ozone nonattainment area. Additionally, EPA is proposing approval of several subsections of Chapter 116 of the Texas Administrative Code (TAC) (Control of Air Pollution by Permits for New Construction or Modification) that provide cross-references to the MECT Program.

NMFS announces changes to management measures in the commercial and recreational Pacific Coast groundfish fisheries. These actions, which are authorized by the Pacific Coast Groundfish Fishery Management Plan (FMP), will allow fisheries to access more abundant groundfish stocks while protecting overfished and depleted stocks.

This proposal would amend Department of Transportation regulations implementing the governmentwide nonprocurement suspension and debarment requirements. Specifically, the DOT proposes to adopt the optional lower tier coverage prohibiting excluded parties from participating in subcontracts at tiers lower than the first tier below a covered nonprocurement transaction.

The Coast Guard has changed the drawbridge operation regulations that govern the Amtrak Portal Bridge at mile 5.0, across the Hackensack River at Little Snake Hill, New Jersey. This final rule allows the bridge owner to expand the two time periods in the morning and in the afternoon, Monday through Friday, when the bridge may remain closed to vessel traffic.

The Commander, First Coast Guard District, has issued a temporary deviation from the drawbridge operation regulations for the Metropolitan Avenue Bridge, mile 3.4, across English Kills at New York City, New York. Under this temporary deviation the bridge may remain in the closed position from 11 p.m. on October 21, 2005 through 6 a.m. on October 24, 2005. This temporary deviation is necessary to facilitate scheduled bridge maintenance.

This document presents interpretive guidance material for the Federal Motor Carrier Safety Regulations (FMCSRs). FMCSA issues new regulatory guidance for Forms MCS-90, MCS-90B, MCS-82, and MCS-82B used to establish minimum levels of financial responsibility of motor carriers. The questions and answers are applicable to motor carrier operations on a national basis. This guidance will provide the motor carrier and financial services industries and Federal, State, and local law enforcement officials with a clearer understanding of the applicability in particular situations of Forms MCS-90, MCS-90B, MCS- 82, and MCS-82B contained in the FMCSRs.

We are amending the endangered species regulations concerning terrestrial plants by replacing all references to ``general permits'' with references to ``protected plant permits.'' This final rule is necessary for the regulations to reflect the change in the name of the permit. We are also updating a mailing address in the regulations and making other nonsubstantive editorial changes.

The FAA proposes to supersede Airworthiness Directive (AD) 2004-08-13, which applies to certain BURKHARDT GROB LUFT-UND RAUMFAHRT GmbH & CO KG (Grob) Models G103 TWIN ASTIR, G103 TWIN II, G103 TWIN III ACRO, and G103C Twin III SL sailplanes. AD 2004-08-13 currently requires you to replace the center of gravity (CG) release hook attachment brackets with brackets of improved design. This proposed AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Germany. This proposed AD would retain all the actions required in AD 2004-08-13 and add Model G103A TWIN II ACRO sailplanes to the applicability. The actions specified by this proposed AD are to prevent abnormal or uncontrolled sailplane release due to cracked CG release hook attachment brackets. This condition could result in reduced or loss of sailplane control.

The FAA is revising an existing airworthiness directive (AD) that applies to all Boeing Model 767-200, -300, and -300F series airplanes. The existing AD currently requires inspections to detect cracking or corrosion of the fail-safe straps between the side fitting of the rear spar bulkhead at body station 955 and the skin; and follow- on/corrective actions. The existing AD results from reports of cracked and/or corroded fail-safe straps at body station (BS) 955 on Boeing Model 767-200 series airplanes. We issued the existing AD to detect and correct fatigue cracking or corrosion of the fail-safe straps, which could result in cracking of adjacent structure and consequent reduced structural integrity of the fuselage. This new AD revises the applicability of the existing AD to reduce the number of affected airplanes. We are issuing this AD to detect and correct fatigue cracking or corrosion of the fail-safe straps, which could result in cracking of adjacent structure and consequent reduced structural integrity of the fuselage.

The FAA proposes to adopt a new airworthiness directive (AD) for certain DG Flugzeugbau GmbH Models DG-800B and DG-500MB sailplanes. This proposed AD would require you to modify the connection of the starter ring gear to the lower drive belt pulley adapter. This proposed AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Germany. We are issuing this proposed AD to prevent the bolts currently used to connect the starter ring gear to the drive belt pulley adapter from shearing off and the bolt heads falling into the engine compartment. Failure of this connection could render the engine inoperative. Consequently, this failure could lead to loss of control of the sailplane.

This interim final rule sets forth the State requirements to provide information to us for purposes of estimating improper payments in Medicaid and the State Children's Health Insurance Program (SCHIP), as required under the Improper Payments Information Act (IPIA) of 2002. The IPIA requires heads of Federal agencies to annually estimate and report to the Congress these estimates of improper payments for the programs they oversee and, submit a report on actions the agency is taking to reduce erroneous payments. We published a proposed rule on August 27, 2004 to propose that States measure improper payments in Medicaid and SCHIP and report the State-specific error rates to us for purposes of computing the improper payment estimates for these programs. After extensive analysis of the issues related to having States measure improper payments in Medicaid and SCHIP, including public comments on the provisions in the proposed rule, we are revising our proposed approach. Our new approach incorporates commenters' suggestions to engage a Federal contractor by contracting with that entity to complete the data processing and medical reviews and calculate the State-specific error rates. Based on the States' error rates, the contractor also will calculate the improper payment estimates for these programs which will be reported by the Department of Health and Human Services as required by the IPIA. This interim final rule sets out the types of information that States would need to submit to allow CMS to conduct medical and data processing reviews on claims made in the fee-for-service (FFS) setting. CMS will address estimating improper payments for Medicaid managed care and eligibility and SCHIP FFS, managed care and eligibility at a later time. This rule responds to the public comments on the proposed rule, sets forth the requirements for States to assist us and the contractor to produce State-specific error rates in Medicaid and SCHIP which will be used as the basis for a national error rate, and outlines future plans for measuring eligibility, which may include greater State involvement than the level required for the medical and data processing reviews.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus airplane models, as specified above. This AD requires modifying the parking brake system to automatically restore the normal brake if the parking brake pressure decreases below a certain threshold. This AD results from a report of failure of the parking brake while the airplane was on the holding point of the runway before takeoff, leading to a runway departure. We are issuing this AD to ensure normal braking is available to prevent possible runway departure in the event of failure of the parking brake.

The FAA is adopting a new airworthiness directive (AD) for all Boeing Model 727 airplanes. This AD requires a one-time inspection of the lower lobe frames of body section 43 to find open holes between stringers 17L and 17R and to record their location; repetitive high frequency eddy current (HFEC) inspections for cracks of all open holes; and related investigative and corrective actions if necessary. This AD also includes an optional terminating action of installing rivets in all open tooling holes and all unused lining holes, which would terminate the repetitive open-hole HFEC inspections once a hole is plugged with a rivet. This AD results from reports of cracks at open tooling holes in the lower lobe frames of body section 43. We are issuing this AD to detect and correct cracks in the frames, which could result in cracks in the skin panels and rapid decompression of the airplane.

The Department of Defense (hereinafter the Department) is promulgating the Munitions Response Site (MRS) Prioritization Protocol (MRSPP) (hereinafter referred to as the rule) as a rule. This rule implements the requirement established in section 311(b) of the National Defense Authorization Act for Fiscal Year 2002 for the Department to assign a relative priority for munitions responses to each location (hereinafter MRS) in the Department's inventory of defense sites known or suspected of containing unexploded ordnance (UXO), discarded military munitions (DMM), or munitions constituents (MC).

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.