2005 – Federal Register Recent Federal Regulation Documents

The Lake Tahoe Basin Federal Advisory Committee will hold a meeting on October 25, 2005, at the Inn by the Lake, 3300 Lake Tahoe Blvd., South Lake Tahoe, CA 96150. This Committee, established by the Secretary of Agriculture on December 15, 1998 (64 FR 2876), is chartered to provide advice to the Secretary on implementing the terms of the Federal Interagency Partnership on the Lake Tahoe Region and other matters raised by the Secretary.

Pursuant to Section 102(2)(C) of the National Environmental Policy Act of 1969 (NEPA), the Bureau of Reclamation (Reclamation) intends to prepare an EIS for the implementation of the safety modifications for Folsom Dam and Appurtenant Structures (Folsom Safety of Dams Project). Reclamation seeks to improve public safety by modifying Folsom Facilities and its appurtenant structures (Folsom Facilities) to mitigate issues identified in previous and ongoing safety evaluations. Studies are being conducted by Reclamation to identify alternatives (modifications) to address these conditions. Engineering, Economic, and Environmental studies are being conducted to help determine reasonable design alternatives. Information gathered from the EIS process will be used in conjunction with engineering and economic principles to determine preferred alternatives.

We, the U.S. Fish and Wildlife Service (Service), determine endangered status for the Salt Creek tiger beetle (Cicindela nevadica lincolniana), pursuant to the Endangered Species Act (Act) of 1973, as amended (Act). This species is endemic to the saline wetlands of eastern Nebraska (NE) and associated streams in the northern third of Lancaster County and southern margin of Saunders County. Only three small populations of this subspecies remain, and the known adult population size in 2005 was only 153 individuals. This final rule extends Federal protection and recovery provisions of the Act to the Salt Creek tiger beetle.

This action corrects an error in the legal description of Class D airspace in a direct final rule, request for comments that was published in the Federal Register on Tuesday, July 12, 2005 (70 FR 39914).

The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.

The Farm Credit Administration (FCA) published a final rule under parts 620, 621, 650, 651, 652, 653, 654, and 655 on July 14, 2005 (70 FR 40635). This final rule ensures that the Federal Agricultural Mortgage Corporation (Farmer Mac) continues to hold high-quality, liquid investments to maintain a sufficient liquidity reserve, invest surplus funds, and manage interest-rate risk, while maintaining non- program investments at appropriate levels considering Farmer Mac's status as a Government-sponsored enterprise. 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 September 30, 2005.

The Office of the Secretary of Defense proposes to add a system of records to its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

EPA is approving several State Implementation Plan (SIP) revisions submitted by the Commonwealth of Pennsylvania. These revisions amend Pennsylvania`s existing, Federally-approved enhanced vehicle inspection and maintenance program (or I/M program) SIP. EPA is herein taking a single final rulemaking action to finalize two separately issued proposed rulemakings on the subject of Pennsylvania's I/M program. The intended effect of this combined final action is to approve the Commonwealth's revised I/M program SIP for the Philadelphia, Pittsburgh, South Central and Northern Regions. This action also serves to incorporate into the SIP a visual emission component inspection program done under the Commonwealth's annual safety inspection program in those 42 counties of Pennsylvania not subject to Federal I/M program requirements.

In accordance with the requirements of the Privacy Act of 1974, we are proposing to establish a new SOR titled ``Medicare Care Management Performance Demonstration (MCMP),'' System No. 09-70-0562. MCMP demonstration tests a payment methodology for physician practices that combines Medicare fee-for-service payments with performance-based payments for improvements in information technology systems, patient education, care management, and quality of care. Improvements in these areas are expected to generate savings to the Medicare program to offset the costs of the performance payments. Mandated by Section 649 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA), the MCMP Demonstration seeks to provide incentives for physicians to adopt and integrate information technology systems into their practices, and to improve quality as defined by key measurable outcomes. The primary purpose of the system is to establish a pay-for- performance three year pilot with physicians to promote the adoption and use of health information technology to improve the quality of patient care for chronically ill Medicare patients. Information retrieved from this system will also be disclosed to: (1) Support regulatory, reimbursement, and policy functions performed within the agency or by a contractor or consultant; (2) 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; (3) assist an individual or organization for 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; (4) support constituent requests made to a congressional representative; (5) support litigation involving the agency; and (6) 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 Dates'' section for comment period.

In accordance with the requirements of the Privacy Act of 1974, CMS is proposing to establish a new system of records (SOR) titled ``Medicare Drug Data Processing System (DDPS),'' System No. 09- 70-0553. On December 8, 2003, Congress passed the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) (Public Law (Pub. L.) 108-173). MMA amends the Social Security Act (the Act) by adding the Medicare Part D Program under Title XVIII and mandate that CMS establish a voluntary Medicare prescription drug benefit program effective January 1, 2006. Under the new Medicare Part D benefit, the Act allows Medicare payment to plans that contract with CMS to provide qualified Part D prescription drug coverage as described in 42 Code of Federal Regulations (CFR) Sec. 423.401. As a condition of payment, all Part D plans must submit data and information necessary for CMS to carry out payment provisions (Sec. 1860D-15(c)(1)(C) and (d)(2) of the Act, and 42 CFR 423.322). The primary purpose of this system is to collect, maintain, and process information on all Medicare covered and non-covered drug events, including non-Medicare drug events, for Medicare beneficiaries participating in the Part D voluntary prescription drug coverage under the Medicare program. The system will process drug event transactions and other drug events as necessary for CMS to help determine appropriate payment of covered drugs. The DDPS will consist of the transaction validation processing, storing and maintaining the drug event data in a large-scale database, and staging the data into data marts to support beneficiary and plan analysis of incurred payment. Information in this system will also be disclosed to: (1) Support regulatory, reimbursement, and policy functions performed within the agency or by a contractor or consultant; (2) assist Quality Improvement Organizations; (3) assist Part D prescription drug plans; (4) support an individual or organization for a research, evaluation or epidemiological project; (5) support constituent requests made to a congressional representative; (6) support litigation involving the agency; and (7) 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 Dates'' section for comment period.

The FAA is adopting a new airworthiness directive (AD) for certain McDonnell Douglas transport category airplanes. This AD requires an inspection of the rudder pedal torque tube assembly for cracking; an inspection of the torque tube assembly to determine the thickness of the torque tube wall, if necessary; and replacing the rudder torque tube with a new or serviceable rudder torque tube, if necessary. This AD results from a report of a broken rudder pedal torque tube. We are issuing this AD to prevent failure of a rudder pedal torque tube, which could result in loss of rudder control and nose wheel steering controlled by the rudder pedal, and consequent reduced controllability of the airplane.

The FAA is adopting a new airworthiness directive (AD) for all BAE Systems (Operations) Limited Model ATP airplanes. This AD requires repetitive inspections for environmental damage, including corrosion, of the fuselage and wing structure, and corrective actions if necessary. This AD results from information indicating the potential for environmental damage of the fuselage and wing structure. We are issuing this AD to detect and correct such damage, including corrosion, in the fuselage and wing structure, which could result in cracking and consequent reduced structural integrity of the fuselage and wing structure.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus Model A330-301, -321, -322, -341, and -342 airplanes; and Model A340-200 and A340-300 series airplanes. This AD requires installing lockplates on the main landing gear (MLG) and center landing gear (CLG) wheel assemblies, as applicable, to keep the tie bolts in position in the wheel assembly in the event of a tie bolt failure. This AD results from reports of tie bolts that were broken or missing from the MLG wheel assembly; in some cases the wheels have ruptured and caused damage to other equipment in the adjacent area. We are issuing this AD to prevent damage to the wheel assembly and equipment in the area adjacent to the MLG and CLG, which could result in a decrease in braking function and possible runway over-run.

In this final action, EPA is correcting an error in the incorporation by reference provisions in the approval of revisions to the Rules for the Control of Air Pollution in Idaho (IDAPA 58.01.01) published on January 16, 2003 (68 FR 2217). This correction removes the list of State toxic air pollutants from the definition of ``regulated air pollutant'' in the EPA-approved Idaho State implementation plan.

The Federal Aviation Administration invites public comment on proposed Advisory Circular (AC) 25-XX, ``Subpart I, Continued Airworthiness and Safety Improvements.'' This proposed AC provides generic guidance, which is applicable to the safety initiatives in the proposed Subpart I (i.e., Enhanced Airworthiness Program for Airplane Systems, Reduction of Fuel Tank Flammability in Transport Category Airplanes, Aging Airplane Safety, and Widespread Fatigue Damage), on the roles and responsibilities of type certificate and supplemental type certificate holders, manufacturers, owners, and operators. 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.

This notice announces the availability of and requests comments on a proposed advisory circular (AC) that sets forth acceptable methods of compliance with Sec. 25.1362 concerning electrical wiring. This proposed AC complements revisions to the airworthiness standards that are being proposed by a separate notice. This notice is necessary to give all interested persons an opportunity to present their views on the proposed AC.