2005 – Federal Register Recent Federal Regulation Documents

As part of a comprehensive plan for reducing the serious risk of rollover crashes and the risk of death and serious injury in those crashes, this document proposes to upgrade the agency's safety standard on roof crush resistance in several ways. First, we are proposing to extend the application of the standard to vehicles with a Gross Vehicle Weight Rating (GVWR) of 4,536 kilograms (10,000 pounds) or less. Second, we are proposing to increase the applied force to 2.5 times each vehicle's unloaded weight, and to eliminate an existing limit on the force applied to passenger cars. Third, we are proposing to replace the current limit on the amount of roof crush with a new requirement for maintenance of enough headroom to accommodate a mid-size adult male occupant. Because the impacts of this rulemaking would affect and be affected by other aspects of the comprehensive effort to reduce rollover-related injuries and fatalities, we are also seeking comments on some of those other aspects.

The FAA adopts a new airworthiness directive (AD) for certain The Cessna Aircraft Company (Cessna) Models 525, 525A, and 525B airplanes. This AD requires you to install identification sleeves on the wiring for both engine fire extinguisher bottles. This AD results from reports of incorrectly connecting wires to the engine fire extinguisher bottles. We are issuing this AD to prevent incorrect installation of the wires to the engine fire extinguisher bottles, which could result in failure of the engine fire extinguisher bottles to discharge when activated. This failure could lead to the inability to control an engine fire.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus Model A320-111 airplanes and Model A320-200 series airplanes. This AD requires doing a one-time general visual inspection of the axle nut on each main landing gear (MLG) wheel for the presence of locking bolts and associated hardware; doing any related investigative and corrective actions as applicable; and submitting an inspection report to the manufacturer. This AD results from a report that an axle nut had separated from an axle on a main landing gear (MLG) wheel, due to missing locking bolts. We are issuing this AD to detect and correct missing locking bolts on the axle nuts of the MLG wheels. Absence of the locking bolts could result in separation of a wheel(s) from the axle and consequent reduced controllability of the airplane during takeoff and landing, and possible injury to people on the ground.

The FAA is superseding an existing airworthiness directive (AD), which applies to certain Boeing Model 747, 757, 767, and 777 series airplanes. That AD currently requires modifying certain drip shields located on the flight deck, and follow-on actions. This new AD removes certain airplanes that are included in the applicability statement of the existing AD, and requires modifying additional drip shields on the flight deck of certain other airplanes. This AD is prompted by a determination that certain airplanes have drip shields that are not adequately resistant to fire. We are issuing this AD to prevent potential ignition of the moisture barrier cover of the drip shield, which could propagate a small fire that results from an electrical arc, leading to a larger fire.

The FAA is adopting a new airworthiness directive (AD) for Turbomeca Artouste III series turboshaft engines. This AD requires modification of the engine air intake assembly. This AD results from a report of an in-flight shutdown and subsequent loss of control of the helicopter due to ice ingestion into the engine. We are issuing this AD to prevent ice ingestion into the engine, which could lead to an in- flight shutdown and subsequent loss of control of the helicopter.

The Department of Defense (DoD) is revising the DoD Grant and Agreement Regulations (DoDGARs) to implement four Office of Management and Budget (OMB) policy directives, to conform the DoDGARs with several statutory and regulatory revisions, and to make other administrative changes. The four OMB directives that are being implemented: require Federal agencies to use a new standard format for announcements of funding opportunities; require Federal agencies to electronically post synopses of those announcements at a Governmentwide Internet site; require Governmentwide use of the Data Universal Numbering System (DUNS) number as the universal identifier for recipient organizations; and amend OMB Circular A-B3 to raise the threshold of Federal funding at which recipients must obtain single audits. The statutory and regulatory changes with which the DoDGARs are being conformed concern matters such as nonprocurement debarment and suspension, drug-free workplace requirements for grants, and campus access for military recruiters and Reserve Officer Training Corps.

This final rule implements Framework 17 to the Atlantic Sea Scallop Fishery Management Plan (Framework 17), which was developed and submitted by the New England Fishery Management Council (Council) and approved by NMFS. Framework 17 requires that vessels issued a general category scallop permit and that intend to land over 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L) of in-shell scallops, install and operate vessel monitoring systems (VMS). Framework 17 also allows general category scallop vessels with VMS units to turn off (power-down) their VMS units after they have offloaded scallops and while they are tied to a fixed dock or mooring. Finally, Framework 17 revises the broken trip adjustment provision for limited access scallop vessels fishing in the Sea Scallop Area Access Program. The intent of this action is to provide more complete monitoring of the general category scallop fleet, to reduce VMS operating costs, and to eliminate a provision that may have a negative influence on vessel operator decisions at sea and facilitate safety.

This proposed rule amends regulations of the Bureau of Economic Analysis, Department of Commerce (BEA) to set forth the reporting requirements for the BE-11, Annual Survey of U.S. Direct Investment Abroad. The BE-11 survey is conducted annually and is a sample survey that obtains financial and operating data covering the overall operations of nonbank U.S. parent companies and their nonbank foreign affiliates. To address the current needs of data users while at the same time keeping the respondent burden as low as possible, BEA proposes modification, addition, or deletion of items on the survey forms and in the reporting criteria. Most of the changes are proposed to bring the BE-11 forms and related instructions into conformity with the 2004 BE-10, Benchmark Survey of U.S. Direct Investment Abroad.

The Office of Personnel Management is issuing a proposed rule that would remove Adams County, CO, from the Adams-Denver, CO, Federal Wage System (FWS) nonappropriated fund (NAF) wage area and redefine Arapahoe County, CO, from the area of application to the survey area. In addition, we propose to change the name of the Adams-Denver FWS NAF wage area to Arapahoe-Denver. These changes are necessary because the closure of Fitzsimons Army Medical Center in Adams County left the Adams-Denver survey area without a host activity to conduct local NAF wage surveys.

We, the Office of Surface Mining Reclamation and Enforcement (OSM), announced our decision to substitute Federal enforcement for parts of the Missouri permanent regulatory program (Missouri program) on August 22, 2003 (68 FR 50944). We are announcing today that the Governor of Missouri petitioned us to consider returning to Missouri the authority to enforce those parts of the Missouri program for which we substituted Federal enforcement. The Missouri Department of Natural Resources, Air and Land Protection Division, Land Reclamation Program (MLRP) is the regulatory authority responsible for implementing and enforcing the Missouri program. If we approve Missouri's petition, we will terminate Federal enforcement for those parts of the Missouri program for which we substituted Federal enforcement and return full enforcement authority to the MLRP. We are providing an opportunity for interested persons to comment on the Missouri Governor's petition to reassume authority of those parts of the Missouri program currently being enforced by us (Administrative Record No. MO-664.42). This document gives the dates and times during which interested persons may submit written comments or participate in the scheduled public hearing regarding Missouri's petition. This document also includes the procedures that we will follow for the public hearing.

This rule revises the pack requirements for California kiwifruit under the California kiwifruit marketing order (order). The order regulates the handling of kiwifruit grown in California and is administered locally by the Kiwifruit Administrative Committee (Committee). This rule requires that kiwifruit marked as Size 39 or 42 not vary in diameter by more than \3/8\ inch, regardless of pack type. In addition, the three tables that are currently under the pack regulation will be consolidated into one. By allowing handlers to utilize a single table for kiwifruit size designations and size variation tolerances regardless of pack or container, this rule is expected to simplify requirements for the industry, reduce handler packing costs, increase grower returns, and increase flexibility in handler packing operations.

We, the U.S. Fish and Wildlife Service (Service), are correcting a special rule promulgated under Section 4(d) of the Endangered Species Act of 1973, as amended (Act), to exempt the import and export of, and foreign and interstate commerce in, certain products of beluga sturgeon (Huso huso) from the permit requirements under 50 CFR 17.32. These corrections are not substantive.

This document corrects the preamble to a proposed rule published in the Federal Register of August 9, 2005, regarding fees for testing, evaluation, and approval of mining products.

The FAA proposes to adopt 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 proposed AD would require modification of the logic of the steering system of the nose landing gear (NLG) wheel. This proposed AD results from the 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 proposing this AD to prevent failure of the NLG wheel steering system, which could result in reduced controllability of the airplane.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Airbus model A300-600 and A310 series airplanes. The existing AD currently requires repetitive visual inspections to detect corrosion on the lower rim area of the fuselage rear pressure bulkhead; and follow-on actions, if necessary. This proposed AD would require new repetitive inspections for corrosion on the rear pressure bulkhead between stringer (STGR) 27 (right hand) and STGR27 (left hand), and related investigative/corrective actions if necessary. This proposed AD also would require sending a report of certain information to the manufacturer. The proposed AD also would add airplanes to the applicability of the existing AD. This proposed AD results from findings of severe corrosion on airplanes previously inspected in accordance with the existing AD. We are proposing this AD to detect and correct corrosion at the lower rim area of the fuselage rear pressure bulkhead, which could result in reduced structural integrity of the bulkhead, and consequent decompression of the cabin.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Pilatus Aircraft Ltd. (Pilatus) Models PC-12 and PC-12/45 airplanes. This proposed AD would require you to determine (maintenance records check and/or inspection) whether certain nose landing gear (NLG), main landing gear (MLG), and MLG shock absorber assemblies with a serial number beginning with ``AM'' are installed, and, if installed, would require you to replace them with ones without the ``AM.'' This proposed AD is the result of mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Switzerland. We are issuing this proposed AD to detect and correct the NLG, MLG, and MLG shock absorber assemblies that are affected by hydrogen embrittlement, which could result in failure of the landing gear. This failure could lead to nose or main landing gear collapse during operation with consequent loss of airplane control.

This final rule amends the Federal motor vehicle safety standard (FMVSS) for seat belt assemblies to redefine the requirements and to establish a new test methodology for emergency-locking retractors. Specifically, this final rule establishes a new acceleration-time corridor, adds a figure illustrating the new acceleration-time corridor, provides a tolerance on angle measurements, and adopts the same instrumentation specifications currently found in other FMVSSs containing crash tests.

This document confirms the effective date of the direct final rule which revises Class E airspace at McCook, NE.

These special conditions are issued for Gulfstream Model G150 airplanes. These airplanes will have a novel or unusual design feature(s) associated with side-facing single-occupant seats. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

The Coast Guard is revising the perimeter of the existing security zone that extends approximately 50 yards into the navigable waters of the Oakland Estuary, Alameda, California, around the United States Coast Guard Island Pier to coincide with the perimeter of a floating security barrier. This action is necessary to provide continued security for the military service members on board vessels moored at the pier and the government property associated with these valuable national assets. This security zone prohibits all persons and vessels from entering, transiting through, or anchoring within a portion of the Oakland Estuary surrounding the Coast Guard Island Pier unless authorized by the Captain of the Port (COTP) or his designated representative.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a supplemental abbreviated new animal drug application (ANADA) filed by Phoenix Scientific, Inc. The supplemental ANADA provides for veterinary prescription use of flunixin meglumine solution by intravenous injection in lactating dairy cattle for control of fever associated with bovine respiratory disease and endotoxemia, and for control of inflammation in endotoxemia.

The EPA is approving revisions to the State Implementation Plan (SIP) submitted by the Louisiana Department of Environmental Quality (LDEQ) on December 28, 2004. The revisions will incorporate the Shreveport-Bossier City Metropolitan Statistical Area (MSA) Early Action Compact (EAC) Air Quality Improvement Plan (AQIP) into the Louisiana SIP. EPA is approving the photochemical modeling in support of the attainment and maintenance demonstration for the 8-hour ozone standard within the Shreveport-Bossier City EAC area and is approving the associated control measures. These actions strengthen the SIP in accordance with the requirements of sections 110 and 116 of the Federal Clean Air Act (the Act) and will result in emission reductions needed to ensure continued attainment and maintenance of the 8-hour National Ambient Air Quality Standard (NAAQS) for ozone.

The Board of Governors is correcting the Paperwork Reduction Act information that it provided in connection with a final rule amending certain provisions of Regulation BB, which was published in the Federal Register of August 2, 2005.

This document contains temporary regulations under section 408A of the Internal Revenue Code (Code). These temporary regulations provide guidance concerning the tax consequences of converting a non- Roth IRA annuity to a Roth IRA. These temporary regulations affect individuals establishing Roth IRAs, beneficiaries under Roth IRAs, and trustees, custodians and issuers of Roth IRAs. The text of these temporary regulations also serves as the text of proposed regulations set forth in a notice of proposed rulemaking in the Proposed Rules section of this issue of the Federal Register.

The Safe Drinking Water Act (SDWA), as amended in 1996, requires the United States Environmental Protection Agency (EPA) to establish criteria for a program to monitor unregulated contaminants and to publish a list of contaminants to be monitored every five years. EPA published such a list for the first Unregulated Contaminant Monitoring Regulation cycle (i.e., UCMR 1) and a revised approach for UCMR implementation in the Federal Register dated September 17, 1999. UCMR 1 established a three-tiered approach for monitoring contaminants based on the availability of analytical methods and laboratory capacity considerations. Today's proposed regulation meets the SDWA requirement to publish a listing of unregulated contaminants every five years. Today's action proposes the design for the second UCMR cycle. EPA is proposing to require monitoring of 26 chemicals using nine different analytical methods. UCMR 2 monitoring is proposed to occur during 2007- 2011.This proposed action builds on the established structure of UCMR 1 and proposes some changes to the rule design. The primary changes to UCMR 1 include: Redesign of the Screening Survey for List 2 contaminants to increase the statistical strength of the sampling results by incorporating additional PWSs; updates to the lists of contaminants to be monitored and the analytical methods approved to conduct that monitoring; revisions to the ``data elements'' required to be reported; and some revisions to the implementation of the monitoring program to reflect ``lessons learned'' during UCMR 1. A systematic procedure for the determination of a Minimum Reporting Level (MRL) is also being proposed. Implementation of today's proposed action would benefit the environment by providing EPA and other interested parties with scientifically valid data on the occurrence of these contaminants in drinking water, permitting the assessment of the population potentially being exposed and the levels of that exposure. These data are the primary source of occurrence and exposure data for the Agency to determine whether to regulate these contaminants.