November 2005 – Federal Register Recent Federal Regulation Documents

This document revises an earlier proposed airworthiness directive (AD), applicable to certain Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135 and EMB-145 series airplanes, that would have required inspecting the pilot's and co-pilot's seat tracks for proper locking of the seats, and adjusting or replacing the seat tracks, if necessary. This new action revises the proposed rule by revising the applicability statement, and requiring replacement of the seat locking pin on certain SICMA-brand seats. The actions specified by this new proposed AD are intended to prevent uncommanded movement of the pilot's or co-pilot's seat, which could interfere with the operation of the airplane and consequent temporary loss of airplane control. This action is intended to address the identified unsafe condition.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier Model CL-600-2C10 (Regional Jet Series 700, 701, & 702), CL-600-2D15 (Regional Jet Series 705), and CL-600-2D24 (Regional Jet Series 900) airplanes. This proposed AD would require replacing the Camloc fasteners on the sidewall of the center pedestal. This proposed AD results from reports of the Camloc fasteners on the sidewall of the center pedestal disengaging and interfering with an inboard rudder pedal. We are proposing this AD to prevent these fasteners from disengaging and interfering with an inboard rudder pedal, which could reduce directional controllability of the airplane.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to all Short Brothers Model SD3-60 and SD3- SHERPA airplanes. The existing AD currently requires an inspection of the fork end of the rear pintle pin on each main landing gear (MLG) to verify that sealant is properly applied and is undamaged, and related investigative/corrective actions if necessary. This proposed AD would add an inspection for correctly applied sealant on the MLG rear pintle pin assemblies, and related investigative/corrective actions if necessary. This proposed AD would also expand the applicability of the existing AD. This proposed AD results from a new report of a cracked pintle pin fork end. We are proposing this AD to prevent stress- corrosion cracking and subsequent failure of the MLG.

LSC is conducting a Rulemaking Workshop in connection with its rulemaking to consider revisions to its regulations on prohibition on discrimination on the basis of handicap at 45 CFR part 1624. LSC hereby solicits expressions of interest in participation in the Workshop from the regulated community, its clients, advocates, the organized bar, the disability rights community and other interested parties.

The Farm Credit Administration (FCA) published a final rule under parts 611, 612, 614, 615, and 620 on September 13, 2005 (70 FR 53901). This final rule amends our regulations governing preferred stock issued by Farm Credit System (FCS or System) banks, associations, and service corporations. This final rule requires greater board involvement and oversight in the retirement of preferred stock, enhances FCA's current standards of conduct regulations to specifically address insider preferred stock transactions, modifies and streamlines the FCA review and clearance process, and requires disclosure of senior officer and director preferred stock transactions. Lastly, we add a new provision to require FCA prior approval of investments by FCS banks, associations, and service corporations in preferred stock of other System institutions, including the Federal Agricultural Mortgage Corporation. In accordance with 12 U.S.C. 2252, the effective date of the final rule is 30 days from the date of publication in the Federal Register during which either or both Houses of Congress are in session. Based on the records of the sessions of Congress, the effective date of the regulation is November 3, 2005.

This document corrects final regulations (TD 9222) that were published in the Federal Register on Thursday, August 25, 2005 (70 FR 49864). The final regulations under section 951(a) of the Internal Revenue Code (Code) provide guidance for determining a United States shareholder's pro rata share of a controlled foreign corporation's (CFC's) subpart F income, previously excluded subpart F income withdrawn from investment in less developed countries, and previously excluded subpart F income withdrawn from foreign base company shipping operations.

This regulation establishes a time-limited tolerance for combined residues of flucarbazone-sodium, 4,5-dihydro-3-methoxy-4- methyl-5-oxo-N-[2(trifluoromethoxy)phenyl] sulfonyl-1H-1,2,4-triazole 1-carboxamide, sodium salt and its N-desmethyl metabolite in or on wheat, forage at 0.30 parts per million (ppm); wheat, grain at 0.01 ppm; wheat, hay at 0.10 ppm; and wheat, straw at 0.05 ppm; and combined residues of flucarbazone-sodium and its metabolites converted to 2- (trifluoromethoxy) benzene sulfonamide and calculated as flucarbazone- sodium in or on milk at 0.005 ppm; meat and meat byproducts (excluding liver) of cattle, goats, hogs, horses, and sheep at 0.01 ppm; and liver of cattle, goats, hogs, horses, and sheep at 1.5 ppm. Arysta LifeScience North America Corporation requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA). The tolerance will expire on November 30, 2006.

The FAA is adopting a new airworthiness directive (AD) for Hamilton Sundstrand Power Systems (formerly Sundstrand Power Systems) auxiliary power units (APUs) models T-62T-46C2, T-62T-46C2A, T-62T- 46C3, T-62T-46C7, and T-62T-46C7A, with compressor impeller assembly, part number (P/N) 4502020 or 4502020A, installed. This AD requires removal from service of those compressor impeller assemblies at reduced service life limits. This AD results from two reports of uncontained failures of compressor impeller assemblies. We are issuing this AD to prevent an uncontained APU failure and damage to the airplane.

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the contiguous United States distinct population segment of the Canada lynx (Lynx canadensis) (lynx) pursuant to the Endangered Species Act of 1973, as amended (Act). The lynx generally inhabits cold, moist boreal forests in the contiguous United States. In total, approximately 26,935 square miles (mi\2\) (69,760 square kilometers (km\2\)) fall within the boundaries of the proposed critical habitat designation, in four units in the States of Idaho, Maine, Minnesota, Montana, and Washington. However, we are not proposing to designate all of the area with the boundaries. In particular, we are not including lands within Lynx Analysis Units in the Superior National Forest in Minnesota, because they do not meet the definition of critical habitat pursuant to section 3(5)(A) of the Act as a consequence of the Superior National Forest having amended its Forest Plan to adopt the Lynx Conservation Assessment and Strategy. These lands are not included in the estimated square miles of the proposed designation. In addition, we are not proposing to designate critical habitat on the Federal lands within seven National Forests in Idaho, Montana, and Washington that are covered by the May 2005 Conservation Agreement and therefore do not meet the definition of critical habitat. These lands, however, are included in the estimated square miles of the proposed designation owing to difficulties in obtaining accurate estimates of the area of Federal land within each national forest boundary in a timely manner. This will be corrected in the final designation. We hereby solicit data and comments from the public on all aspects of this proposal, including data on economic and other potential impacts of the designation. We are also soliciting public comments on inclusion of certain lands in the designation and on the appropriateness of excluding lands from this designation that are covered by management plans that provide for the conservation of lynx and our determination as to whether existing management plans provide special management and protection for lynx habitat. In addition, depending on public comment and our analysis at the time of the final designation, any or all of these Forest Service lands described above may be included in the final designation, and we are specifically seeking comment on whether these lands are covered by the definition of critical habitat and should be included in the final designation. In the development of our final designation, we will incorporate or address any new information received during the public comment period, or from our evaluation of the potential economic impacts of this proposal. We may revise this proposal to address new information, to exclude areas that may warrant exclusion pursuant to section 4(b)(2) of the Act, or to add in those areas determined to be essential to conservation of the species, but not included in this proposal.

The San Miguel Island fox (Urocyon littoralis littoralis), Santa Rosa Island fox (U. l. santarosae), Santa Cruz Island fox (U. l. santacruzae), and Santa Catalina Island fox (U. l. catalinae) were listed as endangered under the Endangered Species Act of 1973, as amended (Act), on March 5, 2004. We, the U.S. Fish and Wildlife Service, do not find any habitat on the four islands occupied by the foxes that meets the definition of critical habitat under the Act. Because there is no habitat that meets the definition of critical habitat for these island fox subspecies, there is none to designate; therefore, we are not designating any critical habitat.

DoD is making a technical amendment to the Defense Federal Acquisition Regulation Supplement to update the Internet address for obtaining a list of processes accepted under the DoD Single Process Initiative (SPI).

DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to delete obsolete procedures for screening of Government inventory before authorizing a contractor to purchase information technology equipment. This rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.

DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update text pertaining to the processing of requests for extraordinary contract adjustments. This rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.

DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update text pertaining to contract modifications. This rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.

This final rule sets forth an update to the 60-day national episode rates and the national per-visit amounts under the Medicare prospective payment system for home health agencies. This final rule is the first update of the home health prospective payment system (HH PPS) rates that uses the revised area labor market Metropolitan Statistical Area designations for calendar year 2006. In implementing the new area labor market designations, we are allowing for a one-year transition period. This transition consists of a blend of 50 percent of the new area labor market designations' wage index and 50 percent of the previous area labor market designations' wage index. In addition, we are revising the fixed dollar loss ratio, which is used in the calculation of outlier payments.

The Department of Homeland Security is giving notice of a revised and updated system of records pursuant to the Privacy Act of 1974 for the Office of Inspector General, Office of Investigations. In this proposed rulemaking, the Department proposes to exempt portions of this system of records from one or more provisions of the Privacy Act because of criminal, civil and administrative enforcement requirements.

The Food and Drug Administration (FDA) is proposing to amend the classification regulations of tinnitus masker devices in order to specify a special control for the device. The agency is taking this action on its own initiative. This action is being taken under the Federal Food, Drug, and Cosmetic Act (the act), as amended by the Safe Medical Devices Act of 1990 (SMDA), and the Food and Drug Administration Modernization Act of 1997 (FDAMA). Elsewhere in this issue of the Federal Register, FDA is publishing a notice of availability of the draft guidance document that the agency proposes to use as a special control for the device.

The Board of Governors of the Federal Reserve System (the Board) is soliciting comments on an interim rule that would amend the section of its Rules Regarding Equal Opportunity (EEO Rules) which governs the employment of persons who are not United States citizens consistent with the Board's requirements for the security of its information. The amendments would clarify the limitations on access to sensitive information for non-citizen employees. The amendment, which concerns the internal management of the Board, is issued as an immediately effective interim rule, with opportunity for public comment, to ensure that hiring decisions facing the Board can be made as soon as possible.

We are announcing receipt of a proposed amendment to the West Virginia regulatory program (the West Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). West Virginia proposes to revise its Code of State Regulations (CSR) concerning surety bonds. The amendment is intended to provide the State with an alternative source of reliable financial information about the surety, and to allow sureties that are licensed and in good financial condition but are not currently listed with the U.S. Department of the Treasury as an acceptable surety of Federal bonds to provide surety bonds to the coal industry in West Virginia. The proposed amendment was authorized by the West Virginia Secretary of State as an emergency rule under the State's Administrative Procedures Act.

The General Services Administration is amending the Federal Management Regulation (FMR) to update the legal citations to conform to Public Law 107-217 and to incorporate additional policy guidance. Public Law 107-217, which was enacted on August 21, 2002, revised, restated, and recodified, without substantive change, certain laws related to public buildings, property, and works in Title 40 of the United States Code. Accordingly, this final rule cancels and replaces in its entirety FMR Amendment C-1 issued December 13, 2002. In addition to updating the legal citations, this final rule implements new accessibility standards for Federal facilities and provides additional real property policy coverage on the integrated workplace, sustainable development, outleasing, telework, siting antennas on Federal property, seismic safety, screening of excess real property, and the National Environmental Policy Act of 1969 (NEPA), as amended. The FMR and any corresponding documents may be accessed at GSA's Web site at https:// www.gsa.gov/fmr.

In this action, the FAA reopens the comment period and announces its intention to hold a public meeting concerning the ``Washington, DC Metropolitan Area Special Flight Rules Area'' NPRM that was published August 4, 2005. In that document, the FAA proposed to codify current flight restrictions for certain aircraft operations in the Washington, DC Metropolitan Area. This reopening is in response to requests from Members of Congress and industry associations.

The Office of Personnel Management (OPM) is issuing a final regulation for the Combined Federal Campaign (CFC). This regulation requires that each federation and unaffiliated organization applying to participate in the CFC must, as a condition of participation, certify that it is in compliance with all statutes, Executive orders, and regulations restricting or prohibiting U.S. persons from engaging in transactions and dealings with countries, entities, and individuals subject to economic sanctions administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC).

The Federal Trade Commission published a document in the Federal Register on April 3, 2001 (66 FR 17622), that, inter alia, revised Sec. 3.25(c) of the Commission Rules of Practice by adding a new sentence, and by adding a new clause to an existing sentence, and made those revisions effective on May 18, 2001. The Commission subsequently published a document in the Federal Register on December 12, 2001 (66 FR 64142), that, inter alia, further revised Sec. 3.25(c), and made those revisions effective on December 12, 2001. Inadvertently, however, the December 12, 2001 document did not include in its depiction of Sec. 3.25(c), as revised, the new sentence and new clause added by the April 3, 2001 document. This document corrects Sec. 3.25(c) by re-adding the new sentence and the new clause originally added by the April 3, 2001 document.

This notice announces the Office of Management and Budget's approval of the information collection requirements in the final rule, Establishment of Organization Designation Authorization Program. Affected parties were not required to comply with the information collection requirements of this rule until a notification of OMB approval was published in the Federal Register.

This rule invites comments on the establishment of final free and restricted percentages for the 2005-2006 crop year. The percentages are 58 percent free and 42 percent restricted and will establish the proportion of cherries from the 2005 crop which may be handled in commercial outlets. The percentages are intended to stabilize supplies and prices, and strengthen market conditions. The percentages were recommended by the Cherry Industry Administrative Board (Board), the body that locally administers the marketing order. The marketing order regulates the handling of tart cherries grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin.