November 2005 – Federal Register Recent Federal Regulation Documents

The South Atlantic Fishery Management Council (Council) will hold an additional public hearing in Key West, Florida for Amendment 13C to the Snapper Grouper Fishery Management Plan. The additional hearing is being added to accommodate those recently impacted by Hurricane Wilma. Earlier public hearings have been noticed. A total of 11 public hearings regarding Amendment 13C will be held. Amendment 13C is intended to eliminate or phase out overfishing of snowy grouper, golden tilefish, vermilion snapper, and black sea bass; and increase red porgy harvest consistent with an updated stock assessment.

Pursuant to the Antarctic Conservation Act of 1978, The National Science Foundation (NSF) is amending its regulations to designate additional Antarctic Specially Protected Areas (ASPA). Also, NSF is adding to this rule in Antarctica designated by the Treaty Parties as Antarctic Specially Managed Areas (ASMA) and Historical Sites or Monuments (HSM). These additions only reflect measures already adopted by the Antarctic Treaty parties at Antarctic Treaty Consultative Meetings (ATCM). Finally, the regulation is being revised to correct some typographical and numbering errors.

This action establishes a Class E enroute domestic airspace area west of San Luis Obispo, CA, to replace existing Class G uncontrolled airspace.

The Board of Governors of the Federal Reserve System (Board) has adopted final amendments to its Regulation A to reflect the Board's approval of an increase in the primary credit rate at each Federal Reserve Bank. The secondary credit rate at each Reserve Bank automatically increased by formula as a result of the Board's primary credit rate action.

MMS is proposing regulations which impose new fees to process certain plans, applications, and permits. The proposed service fees would offset MMS's costs of processing these plans, applications, and permits.

This document makes technical amendments to the regulation governing the Occupant Protection Incentive Grant program, 23 CFR part 1345, in light of new legislation extending the program. It updates information to conform to the new time period covered by the program and changes the due date for the submission of applications.

EPA is making determinations that the Greene County and Jackson County ozone nonattainment areas have attained the 8-hour ozone National Ambient Air Quality Standard (NAAQS). These determinations are based on three years of complete, quality-assured ambient air quality monitoring data for the 2002-2004 seasons that demonstrate that the 8- hour ozone NAAQS has been attained in the areas. EPA is approving requests from the State of Indiana to redesignate the Greene County and Jackson County areas to attainment of the 8-hour ozone NAAQS. These requests were submitted by the Indiana Department of Environmental Management (IDEM) on July 15, 2005 and supplemented on September 6, 2005, September 7, 2005, October 6, 2005, and October 20, 2005. In approving these requests, EPA is also approving the State's plans for maintaining the 8-hour ozone NAAQS through 2015 in these areas as a revision to the Indiana State Implementation Plan (SIP). EPA is also finding adequate and approving the State's 2015 Motor Vehicle Emission Budgets (MVEBs) for these areas.

EPA is taking final action to approve state implementation plan (SIP) revisions submitted by the State of California to provide for attainment of the particulate matter (PM-10) national ambient air quality standards (NAAQS) in the Los Angeles-South Coast Air Basin and the Coachella Valley Area, and to establish emissions budgets for these areas for purposes of transportation conformity. EPA is also approving revisions to fugitive dust regulations and ordinances for the areas. EPA is approving these SIP revisions under provisions of the Clean Air Act (CAA) regarding EPA action on SIP submittals, SIPs for national primary and secondary ambient air quality standards, and plan requirements for nonattainment areas.

The FAA is adopting a new airworthiness directive (AD) for all Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 airplanes. This AD requires repetitively replacing the low-stage check valve and associated seals of the right-hand engine bleed system. This AD results from a report that an engine shut down during flight due to the failure of the low-stage check valve to close. We are issuing this AD to prevent failure of the low-stage check valve, which could result in an engine shutting down during flight.

The FAA is adopting a new airworthiness directive (AD) for certain EMBRAER Model EMB-135 airplanes, and Model EMB-145, -145ER, - 145MR, -145LR, -145XR, -145MP, and -145EP airplanes. This AD requires modification of the logic of the steering system of the nose landing gear (NLG) wheel. This AD results from reports of the loss of directional control of the airplane on the ground after an internal failure of the NLG wheel steering system. We are issuing this AD to prevent failure of the NLG wheel steering system, which could result in reduced controllability of the airplane.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus Model A319-100 series airplanes, Model A320-111 airplanes, Model A320-200 series airplanes, and Model A321-100 series airplanes equipped with any additional center tank (ACT). This AD requires identifying the part number of the ACT and, for certain ACTs, replacing the outer ACT manhole cover and seal. This AD results from reports of an ACT fuel transfer failure due to air leakage around the seal of the outer manhole covers of the ACTs. We are issuing this AD to prevent this leakage, which could result in fuel or fuel vapor leaking into the cargo compartment, and consequent increased risk of a fire in the cargo compartment.

The FAA is superseding an existing airworthiness directive (AD), which applies to certain Airbus Model A319-100, A320-200, and A321-100 and -200 series airplanes. That AD currently requires modification of the telescopic girt bar of the escape slide/raft assembly, and follow-on actions. This new AD requires a new modification of the telescopic girt bar and the installation of placards on the modified girt bars, which terminates the repetitive functional tests required by the existing AD. This AD results from development of a new, improved modification. We are issuing this AD to prevent failure of the escape slide/raft to deploy correctly, which could result in the slide being unusable during an emergency evacuation and consequent injury to passengers or airplane crewmembers.

The FAA is adopting a new airworthiness directive (AD) for certain Learjet Model 23, 24, 24A, 24B, 24B-A, 24D, 24D-A, 24E, 24F, 25, 25A, 25B, 25C, 25D, and 25F airplanes. This AD requires removing the thrust reverser accumulator, and making the thrust reverser hydraulic system and the thrust reversers inoperable. This AD results from reports of the failure of two thrust reverser accumulators. We are issuing this AD to prevent failure of the thrust reverser accumulators, due to fatigue cracking on the female threads, which could result in the loss of hydraulic power and damage to the surrounding airplane structure.

On February 3, 2004 (69 FR 5038), the EPA issued national emission standards for hazardous air pollutants for organic liquids distribution (non-gasoline) (OLD NESHAP) under section 112 of the Clean Air Act (CAA). In this action, EPA is proposing to amend portions of the OLD NESHAP in response to petitions for judicial review and for administrative reconsideration of the promulgated rule. The proposed amendments are being made to clarify the applicability and control requirements for storage tanks and transfer racks, and amend the recordkeeping and reporting requirements for affected sources for which there are no control requirements. The proposed amendments do not reflect the full set of possible amendments EPA intends to propose in response to all of the issues raised in the petitions for review and reconsideration. The Agency is separately developing a proposed response to some of those issues.

In this direct final rule, the FAA is amending its regulation on the use of pilot supplemental oxygen. The amendment changes the flight level at which the remaining pilot at the controls of the airplane must put on and use his oxygen mask if the other pilot at any time leaves his control station of the airplane. This amendment revises that altitude to ``above flight level 350'' from ``above flight level 250.'' It will also eliminate the needless use of oxygen that is not otherwise required to provide for safety in air carrier operations. This will reduce needless expenditures to replace oxygen equipment that is subject to excessive wear and tear.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier Model CL-600-1A11 (CL-600), CL-600-2A12 (CL- 601), and CL-600-2B16 (CL-601-3A, CL-601-3R, & CL-604) airplanes. This proposed AD would require modifying the rudder balance spring assembly by installing a new adjustable balance spring, and rigging the assembly to suit the rudder of each airplane. This proposed AD results from production inspections that showed that the spring assembly that controls rudder balance may not have the correct pre-load on some airplanes. We are proposing this AD to prevent uncommanded yaw movements and consequent reduced controllability of the airplane.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus Model A319-100, A320-200, A321-100, and A321-200 series airplanes. This proposed AD would require repetitive inspections for corrosion in the inside and outside lower walls of each type A, D, E, and F lavatory wall that has at least one wall-mounted cabin attendant seat, and related investigative and corrective actions if necessary. The repetitive inspections may be terminated by repairing the wall with composite material, or replacing the entire wall with a new wall made of composite material. This proposed AD results from reports of corrosion in the lower part of the lavatory walls due to water ingress. We are proposing this AD to detect and correct corrosion and damage on the lower part of the lavatory walls, which could compromise the structural integrity of the cabin attendant seat attachments, and cause injury to the cabin attendants during a crash landing.

The Nuclear Regulatory Commission (NRC) is withdrawing an advance notice of proposed rulemaking (ANPR) that presented possible changes to the regulations governing the release of radionuclides from licensed nuclear facilities into sanitary sewer systems. Changes were proposed to account for the potential for radionuclide concentration during some types of wastewater treatment processes. NRC is withdrawing this advance notice of proposed rulemaking because it has determined that there are no widespread public health and safety concerns due to potential radiation exposures associated with the handling, beneficial use, and disposal of sewage sludge containing radioactive materials. This notice of withdrawal acknowledges public comments sent in response to the ANPR.

This final rule amends HUD's regulations to permit the release to the public of certain data and information that have been, and will be, submitted to HUD by the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (collectively, the government sponsored enterprises, or GSEs). These amendments allow for the release of GSE mortgage data that fall into three categories, as identified in HUD's proposed rule. The first category involves HUD's public release of GSE mortgage data that the Secretary, by regulation or order, reclassifies from proprietary to non-proprietary status. Following the Secretary's determination to reclassify such data as non-proprietary, HUD will release the GSE mortgage data to the public both prospectively and for all preceding years' public use databases. The second category involves HUD's public release of certain GSE aggregated data derived from proprietary loan- level mortgage data that the Secretary determines are not proprietary when presented in aggregated form. Following the Secretary's determination that such aggregations of GSE data are not proprietary, HUD will release the data to the public both prospectively and for all preceding years. The third category involves the release of certain GSE mortgage data that are at least five years old that the Secretary determines, by regulation or order, to re-classify from proprietary to non-proprietary status because of the passage of time. This final rule provides that such data may, as determined by the Secretary on a case- by-case basis, lose proprietary status once the data have aged a minimum of five years, with the time interval for particular data elements to be determined by the Secretary. The final rule also amends HUD's regulations at 24 CFR 81.75 to incorporate the procedures the Secretary will use to make determinations under each of the above categories and makes certain technical and editorial changes to 24 CFR 81.74 and 81.75. This final rule follows publication of a January 10, 2005, proposed rule and takes into consideration the public comments received in response to the proposed rule.

This action amends Title 14 Code of Federal Regulations, part 71 (14 CFR 71) by modifying Class E airspace at Kennett, MO. The establishment of Non-Directional Beacon (NDB) Instrument Approach Procedures (IAP) to Runway 2 and Runway 20 has made this action necessary. Additional controlled airspace extending upward from 700 feet above the surface is needed to contain aircraft executing these IAPs. The intended effect of this rule is to provide adequate controlled airspace for Instrument Flight Rules operations at Kennett Memorial Airport, Kennett, MO.

The Coast Guard is changing the regulations that govern the operation of the Berkley Bridge across the Eastern Branch of the Elizabeth River, mile 0.4, in Norfolk, Virginia. The final rule will extend the morning and evening rush hour closure periods so that the morning rush hour period starts at 5 a.m. and ends at 9 a.m., and the evening rush hour starts at 3 p.m. and ends at 7 p.m., Monday through Friday, except Federal holidays. The rule will also reduce the deep- draft commercial vessel requirement to 18 feet and the advance notice period to 6 hours. This change will relieve vehicular traffic congestion during the weekday rush hours while still providing for the reasonable needs of navigation.

EPA is proposing to approve a revision to the Pinal County Air Quality Control District (PCAQCD) portion of the Arizona State Implementation Plan (SIP). Under authority of the Clean Air Act as amended in 1990 (CAA or the Act), we are proposing to approve a local rule that addresses opacity standards.

EPA is taking direct final action to correct the boundary of the Phoenix metropolitan 1-hour ozone nonattainment area to exclude the Gila River Indian Reservation. EPA is taking this action under the authority of section 110(k)(6) of the Clean Air Act and in light of the Federal trust responsibility to the Tribes. This action is intended to facilitate and support the Gila River Indian Community's efforts to develop, adopt and implement a comprehensive Tribal Implementation Plan by removing unnecessary obligations that flow from the erroneous inclusion of a portion of the Reservation in the Phoenix metropolitan 1-hour ozone nonattainment area.

This final rule with comment period revises the Medicare hospital outpatient prospective payment system to implement applicable statutory requirements and changes arising from our continuing experience with this system and to implement certain related provisions of the Medicare Prescription Drug, Improvement, and Modernization Act (MMA) of 2003. In addition, the final rule with comment period describes changes to the amounts and factors used to determine the payment rates for Medicare hospital outpatient services paid under the prospective payment system. This final rule with comment period also changes the requirement for physician oversight of mid-level practitioners in critical access hospitals (CAHs). In this final rule with comment period, we also are responding to public comments received on the November 15, 2004, final rule with comment period pertaining to the ambulatory payment classification (APC) group assignment of Healthcare Common Procedure Coding System (HCPCS) codes identified in Addendum B of that rule with the new interim (NI) comment indicator. These changes are applicable to services furnished on or after January 1, 2006.

NMFS has determined that the Atlantic bluefin tuna (BFT) General category daily retention limit on previously designated restricted fishing days (RFD) that was published on June 7, 2005, should be adjusted. Certain General category RFDs are being waived to allow for maximum utilization of the coastwide General category BFT quota. Therefore, NMFS waives the RFDs in November and increases the daily retention limit from zero to two large medium or giant BFT on the previously designated RFDs during the month of November 2005.