November 16, 2005 – Federal Register Recent Federal Regulation Documents

The Antitrust Modernization Commission will hold public hearings on December 1 and 5, 2005. The topics of the hearings are Government Civil Remedies, Statutory Immunities and Exemptions, and Antitrust in Regulated Industries.

The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.

The National Aeronautics and Space Administration, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. 3506(c)(2)(A)).

The Antitrust Modernization Commission requests comments from the public regarding specific questions relating to the issues selected for Commission study.

Pursuant to sections 254(a)(11)(A) and 255(b) of the Help America Vote Act (HAVA), Public Law 107-252, the U.S. Election Assistance Commission (EAC) hereby causes to be published in the Federal Register material changes to the HAVA State plan previously submitted by Michigan.

In accordance with the requirements of the Privacy Act of 1974, we propose to create a new system of records titled, ``Medicare True Out-of-Pocket (TrOOP) Expenditures System,'' HHS/CMS/OIS, System No. 09-70-0557. The TrOOP facilitation process is mandated by the Medicare Prescription Drug Benefit Program enacted into law December 8, 2003 under provisions of Section 101 of Title 1 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) (Pub. L. 108-173). MMA amends Title XVIII, Section 1860D of the Social Security Act (the Act). Section 1860D-2 of the Act requires the tracking of beneficiaries' TrOOP expenditures. TrOOP costs are treated as ``incurred'' only if they were paid by the individual (or by another person, such as a family member, on behalf of the individual), paid on behalf of a low-income subsidy-eligible individual under the Sec. 1860D-14 provisions, or paid under a State Pharmaceutical Assistance Program (SPAP) as defined in Sec. 1860D-23. Section 1860D- 2(b)(4)(D)(i) of the MMA authorizes CMS to establish procedures for determining whether costs for Part D enrollees are being reimbursed by excluded payers and alerting Part D plans about the existence of such payers. The purpose of this system is to collect and maintain a master file to establish a ``TrOOP'' facilitation process, maintain information on individuals and entities that make payments on covered drugs under the Medicare Part D Program, and coordinate TrOOP relevant data from State Pharmaceutical Programs (SPAPs) and other health insurers. Information retrieved from this system may be disclosed to: (1) Support regulatory, reimbursement, and policy functions performed within the agency or by a contractor, grantee, consultant or other legal agent; (2) support Medicare Prescription Drug Plans (PDP) and Medicare Advantage Prescription Drug Plans (MAPD) directly or through a CMS contractor for the administration of Title XVIII of the Act; (3) assist another Federal or state agency with information to enable such agency to administer a Federal health benefits program, or to enable such agency to fulfill a requirement of Federal statute or regulation that implements a health benefits program funded in whole or in part with Federal funds; (4) assist Quality Improvement Organization (QIO) in connection with review of claims; (5) assist insurance companies and other groups providing protection against medical expenses of their enrollees; (6) assist an individual or organization engaged in the performance activities of the demonstration or in a research project or in support of an evaluation project related to the prevention of disease or disability, the restoration or maintenance of health, or payment related projects; (7) support constituent requests made to a congressional representative; (8) support litigation involving the agency; and (9) combat fraud and abuse in certain health benefits programs. We have provided background information about the new system in the SUPPLEMENTARY INFORMATION section below. Although the Privacy Act requires only that CMS provide an opportunity for interested persons to comment on the proposed routine uses, CMS invites comments on all portions of this notice. See EFFECTIVE DATE section for comment period.

This notice announces the availability of and requests comments on a proposed advisory circular (AC) revision that sets forth acceptable methods of compliance with Title 14, Code of Federal Regulations (14 CFR), part 25, concerning the crashworthiness requirements as applied to cabin interiors. Like all ACs, it is not regulatory but provides guidance for applicants in demonstrating compliance with the objective safety standards set forth in part 25. This notice is necessary to give all interested persons an opportunity to present their views on the proposed AC.

The FAA invites public comments about our intention to request the Office of Management and Budget's (OMB) renewal of a current information collection. Standards have been established for the operation of agricultural aircraft and for the dispensing of chemicals, pesticides, and toxic substances. Information collected shows applicant compliance and eligibility for certification by FAA.

The Commander, First Coast Guard District, has issued a temporary deviation from the drawbridge operation regulations for the Amtrak Old Saybrook-Old Lyme Bridge, mile 3.4, across the Connecticut River, Connecticut. This deviation from the regulations allows the bridge to operate on a fixed schedule for bridge openings from November 21, 2005 through December 22, 2005. This deviation is necessary in order to facilitate necessary scheduled bridge maintenance.

The Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.

The Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.

Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), the Department of Justice (DOJ), Tax Division, proposes to modify the following systems of records, ``Tax Division Central Classification Cards, Index Docket Cards, and Associated RecordsCriminal Tax Cases, Justice/TAX-001,'' previously published in full on February 20, 1998, (63 FR 8659) and amended on March 29, 2001 (66 FR 17200); ``Tax Division Central Classification Cards, Index Docket Cards, and Associated RecordsCivil Tax Cases, Justice/TAX-002,'' previously published in full on February 20, 1998, (63 FR 8659) and amended on March 29, 2001 (66 FR 17200) ; ``Files of Applications for Attorney with the Tax Division, Justice/TAX-003,'' previously published on September 30, 1977, (42 FR 53390); and to eliminate the system of records, ``Tax Division Special Projects File, Justice/TAX-005,'' previously published on September 30, 1977 (42 FR 53391). Specifically, the proposed Justice/TAX-001 modifications are intended to change the system name; to disclose additional details as to what data is kept in paper-based files and in electronic-based files; to provide additional details as to how access to confidential taxpayer-related information and tax enforcement-related information is managed; to expand the categories of routine uses; to clarify the policies and practices through which the Justice/TAX-001 records are stored and retrieved; and to reflect the adoption of an electronic timekeeping function for Tax Division staff. The proposed Justice/TAX-002 modifications are intended to change the system name; to disclose additional details as to what data is kept in paper-based files and in electronic-based files; to provide additional details as to how access to confidential taxpayer-related information and tax enforcement-related information is managed; to expand the categories of routine uses; and to reflect the adoption of an electronic timekeeping function for Tax Division staff. The proposed Justice/TAX-003 modifications are intended to change the system name, to include non-attorney applications; to disclose additional details as to what type of applicant information is maintained; and to show how access to applicant information is managed. Exemptions from the Privacy Act are claimed for this system of records and a separate Proposed Rule is included for publication in the Federal Register. The proposed deletion of Justice/TAX-005 is intended to eliminate a redundancy: many elements of Justice/TAX-005 system descriptions and the basis for its descriptionscriminal tax enforcementare shared by Justice/TAX-001. Accordingly, the Tax Division believes it is appropriate to add the ``Special Projects'' to the Justice/TAX-001 system name, to incorporate the relevant elements of Justice/TAX-005 into Justice/TAX-001, and to delete Justice/TAX-005 on the effective date of the revised system notice for Justice/TAX-001. Title 5 U.S.C. 552a(e)(4) and (11) provides that the public must be given thirty days in which to comment on proposed new routine use disclosures and other changes as noted above. The Office of Management and Budget (OMB), which has oversight responsibilities under the Act, requires forty days to conclude its review of proposed changes to the current Tax Division Systems of Records embodied in Justice/TAX-001, Justice/TAX-002, and Justice/TAX-003.

We, the Fish and Wildlife Service (Service), are adding two marine taxa to the List of Endangered and Threatened Wildlife (List) in accordance with the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) (Act). These two taxa are the white abalone (Haliotis sorenseni) and the United States Distinct Vertebrate Population Segment (DPS) of the smalltooth sawfish (Pristis pectinata). These amendments are based on previously published determinations by the National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration, Department of Commerce, which has jurisdiction for these species.

This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide chloroneb. The Agency's risk assessments and other related documents are also available in the chloroneb docket. Chloroneb (1,4-dichloro-2,5-dimethoxybenzene) is a systemic fungicide currently registered for seed treatment uses on beans (including cowpeas), cotton, lupine, soybeans, and sugar beets to protect against a variety of diseases such as seed rot, damping-off, blights, and other seedling diseases. Chloroneb is also registered on golf course and turf grasses, as well as ornamental plants to control blights. EPA has reviewed chloroneb through the public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.

This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide tau-fluvalinate, and opens a public comment period on this document, related risk assessments, and other support documents. EPA has reviewed the low risk pesticide tau- fluvalinate through a modified, streamlined version of the public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.

EPA is proposing to revoke 30 exemptions from the requirement of a tolerance that are associated with 28 inert ingredients because these substances are no longer contained in active Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) pesticide product registrations. These ingredients are subject to reassessment by August 2006 under section 408(q) of the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA). Upon the issuance of the final rule revoking the tolerance exemptions, the 30 tolerance exemptions will be counted as ``reassessed'' for purposes of FFDCA's section 408(q).

The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act (PRA) of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a valid control number. Comments are requested concerning (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology.

The FAA is adopting a new airworthiness directive (AD) for all British Aerospace Model BAC 1-11 200 and 400 series airplanes. This AD requires revising the airplane flight manual (AFM) to contain applicable AFM amendments, which advise the flightcrew of information pertaining to safely operating the fuel system. The AD also requires revising the FAA-approved maintenance program to include certain repetitive maintenance tasks intended to improve the safety of the fuel system. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent potential ignition sources inside the fuel system, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.

The FAA is adopting a new airworthiness directive (AD) for all Fokker Model F27 Mark 050 airplanes. This AD requires a one-time inspection of the bleed air supply ducts to determine if blanking plugs are present and a one-time inspection of the entire area of the engine nacelle for heat damage; and corrective actions if necessary. This AD also requires replacement of the blanking plugs with clamping devices. This AD results from heat damage in areas adjacent to the bleed air supply duct assembly. We are issuing this AD to prevent rupture of the bleed air supply duct, which could lead to hot bleed air leaking into the engine controls area and result in heat damage to control cables, electrical wiring, hydraulic components, and fuel lines, and consequent fire.

This action changes the effective date of a final rule published in the Federal Register on October 18, 2005 (70 FR 60424), Airspace Docket No. 05-ASW-1. In that rule, the effective date was inadvertently published as December 22, 2005. This action changes the effective date to April 13, 2006.