2005 – Federal Register Recent Federal Regulation Documents

This document proposes adopting a new airworthiness directive (AD) for the Robinson Helicopter Company (RHC) Model R22 series helicopters. The AD would require replacing each main rotor blade (blade) droop and teeter stop (stop) and teeter stop bracket (bracket) and associated hardware with redesigned and improved airworthy parts. This proposal is prompted by an in-flight break up of a helicopter on which both brackets failed. The actions specified by the proposed AD are intended to prevent failure of the stops and brackets, blade contact with the airframe, and subsequent loss of control of the helicopter.

Technical information or comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

This interim rule lists communities where modification of the Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents.

This document makes a correction to Airworthiness Directive (AD) 2005-12-20, which was published in the Federal Register on June 20, 2005 (70 FR 35370), and applies to certain The Lancair Company (Lancair) Model LC41-550FG airplanes. We incorrectly referenced the affected airplane model as LC41-550F in the applicability section. The correct airplane model is LC41-550FG. This action corrects the regulatory text.

The Federal Crop Insurance Corporation (FCIC) finalizes the Nursery Crop Insurance Provisions to make container and field grown practices separate crops; provide coverage for plants in containers that are equal to or greater than 1 inch in diameter; provide separate basic units by share for all coverage levels and basic units by plant type when additional coverage is purchased; permit insureds to select one coverage level for each plant type basic unit when additional coverage is purchased; allow increases to the Plant Inventory Value Report (PIVR) up to 30 days before the end of the crop year; allow acceptance of an application for insurance for any current crop year up to 30 days before the end of the crop year; change the starting and ending dates for the crop year to June 1st and May 31st, respectively; and make other policy changes to improve coverage of nursery plants. FCIC also finalizes the Nursery Peak Inventory Endorsement to reflect changes made in the Nursery Crop Provisions and adds a new Rehabilitation Endorsement to provide a rehabilitation payment for field grown plants to compensate them for rehabilitation costs for plants that will recover from an insured cause of loss.

The Federal Energy Regulatory Commission (Commission) is issuing this final rule amending its regulations for gaining access to critical energy infrastructure information (CEII). These changes are being made based on comments filed in response to the March 3, 2005, notice seeking public comment on the effectiveness of the Commission's CEII rules. The final rule removes federal agency requesters from the scope of the rule, modifies the application of non-Internet public (NIP) treatment, and clarifies obligations of requesters. It also discusses changes that will be made to non-disclosure agreements.

The FAA is adopting a new airworthiness directive (AD) for all BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ series airplanes. This AD requires repetitive external eddy current inspections of the forward fuselage skin to detect cracking due to fatigue, and repair if necessary. This AD is prompted by evidence of cracking due to fatigue along the edges of the chemi-etched pockets in certain front fuselage canopy skin panels. We are issuing this AD to detect and correct this cracking, which could result in reduced structural integrity of the airplane fuselage.

We, NOAA's National Marine Fisheries Service (NMFS), are issuing final determinations to list 16 Evolutionarily Significant Units (ESUs) of West Coast salmon (chum, Oncorhynchus keta; coho, O. kisutch, sockeye, O. nerka; Chinook, O. tshawytscha; pink, O. gorbuscha) under the Endangered Species Act (ESA) of 1973, as amended. We have concluded that four ESUs are endangered, and twelve ESUs are threatened, in California, Oregon, Washington, and Idaho. Fifteen of these ESUs were previously listed as threatened or endangered under the ESA, and one ESU was previously designated as a candidate species. With respect to the Oregon Coast coho ESU and ten O. mykiss ESUs, we have found that substantial disagreement regarding the sufficiency or accuracy of the relevant data precludes making final listing determinations at this time, and accordingly we are extending the deadline for making our final determinations for these 11 ESUs for an additional 6 months. The findings regarding the extension of the final listing determination for the Oregon Coast coho ESU and for the ten O. mykiss ESUs appear in the Proposed Rules section in today's Federal Register issue. The ten O. mykiss ESUs were previously listed and remain listed pending final agency action. Also in this notice, we are finalizing amendments to the ESA 4(d) protective regulations for threatened salmonid ESUs. As part of the proposed listing determinations in June 2004, we proposed changes to these protective regulations to provide the necessary flexibility to ensure that fisheries and artificial propagation programs are managed consistently with the conservation needs of ESA-listed ESUs, and to clarify the existing regulations so that they can be more efficiently and effectively interpreted and followed by all affected parties. Finally, we are soliciting biological and economic information relevant to designating critical habitat for the Lower Columbia River coho salmon ESU.

We, the National Marine Fisheries Service (NMFS), announce a final policy addressing the role of artificially propagated (hatchery produced) Pacific salmon (Oncorhynchus gorbuscha, O. keta, O. kisutch, O. nerka, O. tshawytscha) and steelhead (O. mykiss) in listing determinations under the Endangered Species Act of 1973 (ESA), as amended. This final policy supersedes the Interim Policy on Artificial Propagation of Pacific Salmon under the Endangered Species Act, published in the Federal Register on April 5, 1993. The Interim Policy is being revised in light of a 2001 United States District Court ruling that NMFS improperly listed only the naturally spawning component of Oregon Coast coho salmon under the ESA, excluding hatchery stocks that the agency had determined were part of the same ``distinct population segment'' (DPS) as the listed natural populations. The Court's ruling invalidated the practice described in the Interim Policy of generally excluding hatchery stocks in a DPS from listing unless it was determined that they contained a substantial proportion of the DPS's remaining genetic diversity and were ``essential for recovery.'' Under this new policy, hatchery stocks determined to be part of a DPS will be considered in determining whether a DPS is threatened or endangered under the ESA, and will be included in any listing of the DPS. This policy applies only to Pacific salmon and steelhead and only in the context of making ESA listing determinations.

This notice announces the Commission's decision to lift a stay enforcement of special packaging requirements for the drug Lidoderm[reg]. The Commission issued the stay in August of 2001. The manufacturer of Lidoderm[reg] is now using packaging that complies with special packaging requirements.

The EPA is requesting comment on certain aspects of our national emission standards for hazardous air pollutants (NESHAP) for industrial, commercial, and institutional boilers and process heaters, which EPA promulgated on September 13, 2004. After promulgation of the final regulations for boilers and process heaters, the Administrator received petitions for reconsideration of certain provisions in the final rule. In this document, the EPA is initiating the reconsideration of some of those provisions. We are requesting comment on certain provisions of the approach used to demonstrate eligibility for the health-based compliance alternatives, as outlined in appendix A of the final rule, and on the provisions establishing a health-based compliance alternative for total selected metals. We are not requesting comment on any other provisions of the final rule. We are not granting petitioners' request that we stay the effectiveness of the health-based compliance provisions of the final rule, pending this reconsideration action.

The Environmental Protection Agency (EPA) is today finalizing this rule to implement a pilot project under the Project XL program, providing site-specific regulatory flexibility under the Resource Conservation and Recovery Act (RCRA), as amended, for the Ortho-McNeil Pharmaceutical, Inc. facility in Spring House, Pennsylvania (OMP Spring House). The principal objective of this XL project is to obtain information helpful to determining whether regulatory oversight by the Nuclear Regulatory Commission (NRC), or NRC Agreement States, under authority of the Atomic Energy Act (AEA) is sufficient to ensure protection of human health and the environment regarding the management of certain small volumes of mixed wastes (i.e., RCRA hazardous wastes that also contain radioactive materials) that are both generated and treated in an NRC-licensed pharmaceutical research and development laboratory. If, as a result of this XL project, the Agency determines that certain small volumes of low-level mixed wastes (LLMW) generated and managed under NRC oversight need not also be subject to RCRA hazardous waste regulations to ensure protection of human health and the environment, EPA may consider adopting the approach on a national basis.

The Coast Guard is establishing temporary moving Safety Zones around the Tall Ships participating in the Tacoma Tall Ships 2005 Parade of Sail and simulated cannon battle events. The Safety Zones will be in effect in Quartermaster Harbor and Commencement Bay, Washington. These actions are necessary to provide for the safety of life and property on the navigable waters in Quartermaster Harbor and Commencement Bay, Washington for the participating Tall Ships during Tacoma Tall Ships 2005. This rule will temporarily restrict vessel traffic in portions of Quartermaster Harbor and Commencement Bay, Washington.

The Coast Guard is establishing safety zones on the waters of the Suislaw, Willamette, Columbia, Coos, and Chehalis Rivers, located in the Area of Responsibility of the Captain of the Port, Portland, Oregon, during fireworks displays. The Captain of the Port, Portland, Oregon, is taking this action to safeguard watercraft and their occupants from safety hazards associated with these displays. Entry into these safety zones is prohibited unless authorized by the Captain of the Port.

We are adopting as a final rule, without change, two interim rules regarding Oriental fruit fly. The first interim rule designated a portion of Orange County, CA, as a quarantined area and provided for the use of spinosad bait spray as an alternative treatment for premises. The second interim rule removed the quarantine on that portion of Orange County, CA, and thus removed the restrictions on the interstate movement of regulated articles from that area. The first interim rule was necessary to prevent the spread of Oriental fruit fly to noninfested areas of the United States, and to provide an alternative to malathion bait spray to treat premises that produce regulated articles within the quarantined area. The second interim rule was necessary to reflect our determination that the Oriental fruit fly had been eradicated from Orange County, CA.

In order to keep the public informed, we are resubmitting language that was previously redacted from the CFR. The National Library Service for the Blind and Physically Handicapped is able to better serve its constituents with the information provided through publication. Therefore we are re-inserting language previously in Sec. 701.10, Loans of library materials for blind and other physically handicapped persons, and renumbering it 701.6. The section has been also revised to add reference to the program's Web site.

This rule revises the requirements regarding credit for promotion and advertising activities under the administrative rules and regulations of the California almond marketing order (order). The order regulates the handling of almonds grown in California and is administered locally by the Almond Board of California (Board). The order is funded through the collection of assessments from almond handlers. Under the order, handlers may receive credit towards their assessment obligation for certain expenditures for marketing promotion activities, including paid advertising. This rule revises the requirements regarding the activities for which handlers may receive such credit. The changes will expand the credit allowed for certain promotional activities, and help to clarify and simplify the current regulations.

This rule decreases the assessment rate established for the Area No. 3 Colorado Potato Administrative Committee (Committee) for the 2005-2006 and subsequent fiscal periods from $0.03 to $0.02 per hundredweight of potatoes. The Committee locally administers the marketing order which regulates the handling of potatoes grown in Colorado. Authorization to assess Colorado potato handlers enables the Committee to incur expenses that are reasonable and necessary to administer the program. The fiscal period begins July 1 and ends June 30. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

This rule increases the assessment rate established for the Avocado Administrative Committee (Committee) for the 2005-06 and subsequent fiscal years from $0.20 to $0.27 per 55-pound bushel container or equivalent of avocados handled. The Committee locally administers the marketing order which regulates the handling of avocados grown in South Florida. Authorization to assess avocado handlers enables the Committee to incur expenses that are reasonable and necessary to administer the program. The fiscal year began April 1 and ends March 31. The assessment rate remains in effect indefinitely unless modified, suspended, or terminated.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 737-300, -400, and -500 series airplanes. This AD requires repetitive inspections for cracking of the crown area of the fuselage skin, and corrective actions if necessary. This AD is prompted by a Model 737 fuselage structure test and fatigue analysis that indicate fuselage skin cracking could occur between 21,000 and 42,000 total flight cycles. We are issuing this AD to detect and correct fatigue cracking of the fuselage skin, which could cause the fuselage skin to fracture and fail, and could result in rapid decompression of the airplane.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus models, as specified above. This AD requires installing safety signs on all passenger/crew doors, emergency exit doors, and cargo compartment doors. This AD is prompted by a report of injuries occurring on in-service airplanes when crewmembers forcibly initiated opening of passenger/crew doors against residual pressure causing the doors to rapidly open. We are issuing this AD to ensure that crewmembers are informed of the risks associated with forcibly opening passenger/crew, emergency exit, and cargo doors before an airplane is fully depressurized, which will prevent injury to crewmembers, and subsequent damage to the airplane caused by the rapid opening of the door.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 777-200 and -300 series airplanes. This AD requires inspecting for the installation of the tie plate for the wire bundles routed from lower section 41 into the center control stand in the flight deck; inspecting for any wire chafing or damage and repair if necessary; and installing a tie plate if necessary. This AD is prompted by a report of missing tie plates for the wire bundles. We are issuing this AD to prevent wire chafing, which could result in the loss of flight control, communication, navigation, and engine fire control systems. Loss of these systems could consequently result in a significant reduction of safety margins, an increase in flight crew workload, and in the case where loss of engine fire control is combined with an engine fire, could result in an uncontrollable fire.

The FAA is adopting a new airworthiness directive (AD) for all Fokker Model F.28 Mark 1000, 2000, 3000, and 4000 airplanes. This AD requires a detailed inspection to determine the presence of incorrectly installed bushings in the attachment holes of the reinforcing strap of the left- and right-hand wings' lower skin, and corrective actions if necessary. This AD is prompted by a report that bushings were installed in accordance with improper procedures in the structural repair manual. We are issuing this AD to detect and correct improperly installed bushings, which could result in reduced tensile strength of the reinforcing strap of the wing's lower skin, and consequently a reduction of the structural capability of the wing and possible wing failure.

This rule changes the container and reporting requirements currently prescribed under the marketing order for avocados grown in South Florida. The marketing order regulates the handling of avocados grown in South Florida and is administered locally by the Avocado Administrative Committee (Committee). This rule prohibits the handling of fresh market avocados in 20 bushel plastic field bins to destinations inside the production area. This rule also requires handlers to provide, at the time of inspection, information regarding the number of avocados packed per container (count per container). These changes are expected to help reduce packing costs and facilitate the distribution of useful marketing information.

NMFS will present a workshop on proposed catch-monitoring standards for the non-American Fisheries Act (AFA) trawl catcher/ processor sector. These standards are necessary to support proposed groundfish and prohibited species allocations to this sector that are under consideration by the North Pacific Fishery Management Council.