February 9, 2006 – Federal Register Recent Federal Regulation Documents

Air Quality: Revision to Definition of Volatile Organic Compounds-Exclusion of HFE-7300
Document Number: E6-1800
Type: Proposed Rule
Date: 2006-02-09
Agency: Environmental Protection Agency
This action proposes to revise EPA's definition of volatile organic compounds (VOC) for purposes of preparing State implementation plans (SIPs) to attain the national ambient air quality standards (NAAQS) for ozone under title I of the Clean Air Act (CAA). This proposed revision would add 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4- trifluoromethyl-pentane [also known as HFE-7300 or L-14787 or C2F5CF(OCH3)CF(CF3)2 ] to the list of compounds excluded from the definition of VOC on the basis that this compound makes a negligible contribution to tropospheric ozone formation. If you use or produce HFE-7300 and are subject to EPA regulations limiting the use of VOC in your product, limiting the VOC emissions from your facility, or otherwise controlling your use of VOC for purposes related to attaining the ozone NAAQS, then you will not count HFE-7300 as a VOC in determining whether you meet these regulatory obligations. This action may also affect whether HFE- 7300 is considered as a VOC for State regulatory purposes, depending on whether the State relies on EPA's definition of VOC. As a result, if you are subject to certain Federal regulations limiting emissions of VOCs, your emissions of HFE-7300 may not be regulated for some purposes.
Transition to New or Revised Particulate Matter (PM); National Ambient Air Quality Standards (NAAQS)
Document Number: E6-1798
Type: Proposed Rule
Date: 2006-02-09
Agency: Environmental Protection Agency
The EPA recently issued a notice of proposed revisions to the national ambient air quality standards (NAAQS) for particulate matter (PM). EPA will take final action on the proposal by September 27, 2006. This notice provides advance notice of key issues for consideration in the development of potentially new or revised policies and/or regulations to implement revisions to the NAAQS for PM recognizing that no final decision has been made concerning whether or how to revise the PM NAAQS. The EPA is posing a number of questions related to the transition from the current to potentially revised PM2.5 standards, as well as the transition from the current PM10 standards to potentially new PM10-2.5 standards. In this ANPR, EPA is soliciting comment on the Agency's preferred approaches to revocation of the 1997 PM2.5 standards once any new 2006 PM2.5 standards would be in place, and also approaches to revocation of the 24-hour PM10 standard in areas where it would remain after promulgation of any new PM10-2.5 standards. The EPA is also highlighting and providing preliminary thinking on how to address some of the key New Source Review (NSR) issues related to the new PM10-2.5 standards, and the transition from PM10 standards to PM10-2.5 standards. Finally, EPA is requesting comment on potential timeframes for designations, attainment demonstrations and State Implementation Plan (SIP) submittals and attainment dates for both any new PM2.5 and PM10-2.5 standards.
Export Notification; Proposed Change to Reporting Requirements
Document Number: E6-1797
Type: Proposed Rule
Date: 2006-02-09
Agency: Environmental Protection Agency
EPA is proposing amendments to the Toxic Substances Control Act (TSCA) section 12(b) export notification regulations at subpart D of 40 CFR part 707. One amendment would change the current annual notification requirement to a one-time requirement for exporters of chemical substances or mixtures (hereinafter referred to as ``chemicals'') for which certain actions have been taken under TSCA. Relatedly, for the same TSCA actions, EPA is proposing to change the current requirement that the Agency notify foreign governments annually after the Agency's receipt of export notifications from exporters to a requirement that the Agency notify foreign governments once after it receives the first export notification from an exporter. EPA is also proposing de minimis concentration levels below which notification would not be required for the export of any chemical for which export notification under TSCA section 12(b) is otherwise required, proposing other minor amendments (to update the EPA addresses to which export notifications must be sent, to indicate that a single export notification may refer to more than one section of TSCA where the exported chemical is the subject of multiple TSCA actions, and to correct an error), and clarifying exporters' and EPA's obligations where an export notification-triggering action is taken with respect to a chemical previously or currently subject to export notification due to the existence of a previous triggering action.
Airworthiness Directives; Mitsubishi Heavy Industries MU-2B Series Airplanes
Document Number: E6-1769
Type: Proposed Rule
Date: 2006-02-09
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for some Mitsubishi Heavy Industries (MHI) MU-2B series airplanes. This proposed AD would require you to change the flight idle blade angle. This proposed AD results from a recent safety evaluation that used a data-driven approach to analyze the design, operation, and maintenance of the MU-2B series airplanes in order to determine their safety and define what steps, if any, are necessary for their safe operation. Part of that evaluation was the identification of unsafe conditions that exist or could develop on the affected type design airplanes. We are issuing this proposed AD to prevent confusion in blade angle settings. This unsafe condition, if not corrected, could lead to an asymmetric thrust situation in certain flight conditions, which could result in airplane controllability problems.
Airworthiness Directives; Turbomeca Turmo IV A and IV C Series Turboshaft Engines
Document Number: E6-1768
Type: Proposed Rule
Date: 2006-02-09
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to supersede an existing airworthiness directive (AD) for Turbomeca Turmo IV A and IV C series turboshaft engines. That AD currently requires borescope and eddy current inspections or ultrasonic inspections of centrifugal compressor intake wheel blades for cracks and evidence of corrosion pitting, and replacement with serviceable parts. This proposed AD would require the same actions, but would require borescope inspections at more frequent intervals for certain engines. This proposed AD results from Turbomeca's review of the engines' service experience that determined more frequent borescope inspections are required on engines not modified to the TU 191, TU 197, or TU 224 standard. We are proposing this AD to prevent centrifugal compressor intake wheel blade cracks, which can result in engine in-flight power loss, engine shutdown, or forced landing.
Airworthiness Directives; Boeing Model 777-200 and 777-300 Series Airplanes
Document Number: E6-1767
Type: Proposed Rule
Date: 2006-02-09
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 777-200 and 777-300 series airplanes. This proposed AD would require repetitive inspections for discrepancies of the splined components that support the inboard end of the inboard trailing edge flap, and related investigative, corrective, and other specified actions if necessary. This proposed AD would also require a one-time modification of the inboard support of the inboard trailing edge flap by installing a new isolation strap and attachment hardware. This proposed AD would also require repetitive replacement of the torque tube assembly. This proposed AD results from reports of corrosion on the torque tube and closeout rib fittings that support the inboard end of the inboard trailing edge flap, as well as a structural reassessment of the torque tube joint that revealed the potential for premature fatigue cracking of the torque tube that would not be detected using reasonable inspection methods. We are proposing this AD to detect and correct corrosion or cracking of the torque tube and closeout rib fittings that support the inboard end of the inboard trailing edge flap. Cracking in these components could lead to a fracture, which could result in loss of the inboard trailing edge flap and consequent reduced controllability of the airplane.
Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) Airplanes
Document Number: E6-1766
Type: Proposed Rule
Date: 2006-02-09
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. This proposed AD would require revising the Airworthiness Limitations section of the Instructions for Continuing Airworthiness of the Maintenance Requirements Manual to include revised threshold and repeat inspection intervals for the cargo door skin cut- out. This proposed AD results from a report that a crack was discovered at the lower forward corner of a cargo door skin cut-out during fatigue testing. We are proposing this AD to detect and correct cracking in the lower forward corner of the cargo door skin cut-out, which could result in reduced structural integrity of the airplane.
Airworthiness Directives; BAE Systems (Operations) Limited Model BAe 146 and Model Avro 146-RJ Airplanes
Document Number: E6-1762
Type: Proposed Rule
Date: 2006-02-09
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain BAE Systems (Operations) Limited Model BAe 146 and Model Avro 146-RJ airplanes. This proposed AD would require modifying the control cable duct on the left bulkhead structure at frame 12, and for certain airplanes, the forward toilet bulkhead structure. This proposed AD results from a structural analysis by the manufacturer which revealed that rapid decompression of the flight compartment with the door closed could cause structural deformation of the left bulkhead structure at frame 12, and of the attached cable duct structure. The duct structure protects the cables for the primary flight controls. We are proposing this AD to prevent deformation of the cable duct structure in the event of a rapid decompression, which could result in restriction of the primary flight controls and consequent reduced controllability of the airplane.
Special Local Regulations for Marine Events; Maryland Swim for Life, Chester River, Chestertown, MD
Document Number: E6-1740
Type: Proposed Rule
Date: 2006-02-09
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to amend the special local regulations at 33 CFR 100.533, established for the ``Maryland Swim for Life'' held annually on the waters of the Chester River, near Chestertown, Maryland by changing the event date to the third Saturday in June. This proposed rule is intended to restrict vessel traffic in portions of the Chester River and is necessary to provide for the safety of life on navigable waters during the event.
Federal Motor Vehicle Safety Standards No. 111 Rearview Mirrors
Document Number: E6-1739
Type: Proposed Rule
Date: 2006-02-09
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document denies the petition for rulemaking submitted by Mr. Bernard Cox, requesting that NHTSA amend the Federal Motor Vehicle Safety Standard for rearview mirrors to require manufacturers to install a mirror of unit magnification (a flat mirror) on the passenger's side of multipurpose passenger vehicles (MPVs) and trucks with a gross vehicle weight rating (GVWR) of 4,536 kg (10,000 pounds) or less when such vehicles are equipped with a tow hitch package. Accordingly, manufacturers of MPVs, trucks, and buses (other than school buses) with a GVWR of 4,536 kg (10,000 pounds) or less continue to have the option of installing either a flat mirror or a convex mirror on the passenger's side of the vehicle provided that either mirror meets the applicable requirements of the standard.
Special Local Regulations for Marine Events; Severn River, College Creek, Weems Creek and Carr Creek, Annapolis, MD
Document Number: E6-1738
Type: Proposed Rule
Date: 2006-02-09
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to suspend the special local regulations at 33 CFR 100.518 and establish a temporary rule that will be effective during the suspension period. This rulemaking is intended to accommodate a change in event dates for the year 2006 and modify the boundaries of the regulated area. The marine events included in this proposed rule include the Safety at Sea Seminar, U.S. Naval Academy Crew Races and the Blue Angels Air Show. This proposed rule is intended to restrict vessel traffic in portions of the Severn River during the period of these marine events and is necessary to provide for the safety of life on navigable waters during the event.
Orthopedic Devices; Reclassification of the Intervertebral Body Fusion Device
Document Number: E6-1736
Type: Proposed Rule
Date: 2006-02-09
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is proposing to reclassify intervertebral body fusion devices that contain bone grafting material, from class III (premarket approval) into class II (special controls), and retain those that contain any therapeutic biologic (e.g., bone morphogenic protein) in class III. Elsewhere in this issue of the Federal Register, FDA is announcing the availability of a draft guidance document that would serve as the special control if FDA reclassifies this device. The agency is proposing this reclassification based on the recommendation of the Orthopaedic and Rehabilitation Devices Panel (the Panel).
Chronic Beryllium Disease Prevention Program; Worker Safety and Health Program
Document Number: 06-964
Type: Rule
Date: 2006-02-09
Agency: Department of Energy
The Department of Energy (DOE) is today publishing a final rule to implement the statutory mandate of section 3173 of the Bob Stump National Defense Authorization Act (NDAA) for Fiscal Year 2003 to establish worker safety and health regulations to govern contractor activities at DOE sites. This program codifies and enhances the worker protection program in operation when the NDAA was enacted.
Endangered and Threatened Wildlife and Plants; Petition To List the Polar Bear as Threatened
Document Number: 06-1226
Type: Proposed Rule
Date: 2006-02-09
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the polar bear (Ursus maritimus) as threatened under the Endangered Species Act of 1973, as amended (Act). We find that the petition presents substantial scientific or commercial information indicating that the petitioned action of listing the polar bear may be warranted. We, therefore, are initiating a status review of the polar bear to determine if listing under the Act is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial information regarding this species.
Eligibility for Health Care Benefits for Certain Filipino Veterans in the United States
Document Number: 06-1221
Type: Rule
Date: 2006-02-09
Agency: Department of Veterans Affairs
Department of Veterans Affairs (VA) medical regulations describe veterans who are eligible to receive health care from VA in the United States. This document amends VA medical regulations to provide eligibility for VA hospital care, nursing home care, and outpatient services for any Filipino Commonwealth Army veteran, including those recognized by authority of the U.S. Army as belonging to organized Filipino guerilla forces, and for any veteran of the new Philippine Scouts, provided that any such veteran resides in the U.S. and is either a citizen of the U.S. or is lawfully admitted to the United States for permanent residence. Under this regulatory provision, these certain veterans are eligible for VA hospital care, nursing home care, and outpatient medical services in the United States in the same manner and subject to the same terms and conditions as apply to U.S. veterans.
Microbiology Devices; Reclassification of Hepatitis A Virus Serological Assays
Document Number: 06-1206
Type: Rule
Date: 2006-02-09
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is issuing a final rule to reclassify hepatitis A virus (HAV) serological assays from class III (premarket approval) into class II (special controls). FDA is taking this action after reviewing a reclassification petition submitted by Beckman Coulter, Inc. Elsewhere in this issue of the Federal Register, FDA is announcing the availability of the guidance document entitled ``Guidance for Industry and FDA Staff: Class II Special Controls Guidance Document: Hepatitis A Virus Serological Assays'' that will serve as the class II special control for these devices.
Oral Dosage Form New Animal Drugs; Praziquantel, Pyrantel Pamoate, and Febantel Tablets
Document Number: 06-1205
Type: Rule
Date: 2006-02-09
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a supplemental new animal drug application (NADA) filed by Bayer HealthCare LLC, Animal Health Division. The supplemental NADA provides for the use of flavored, chewable praziquantel/pyrantel pamoate/febantel tablets for the removal of several species of internal parasites in dogs.
Imported Fire Ant; Additions to Quarantined Areas in Arkansas and Tennessee
Document Number: 06-1203
Type: Rule
Date: 2006-02-09
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are adopting as a final rule, without change, an interim rule that amended the imported fire ant regulations by designating as quarantined areas all of 1 county in Arkansas and all or portions of 18 counties in Tennessee. As a result of the interim rule, the interstate movement of regulated articles from those areas is restricted. The interim rule was necessary to prevent the artificial spread of imported fire ant to noninfested areas of the United States.
Long-Term Firm Transmission Rights in Organized Electricity Markets; Long-Term Transmission Rights in Markets Operated by Regional Transmission Organizations and Independent System Operators
Document Number: 06-1195
Type: Proposed Rule
Date: 2006-02-09
Agency: Department of Energy, Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission is proposing to amend its regulations to require transmission organizations that are public utilities with organized electricity markets to make available long- term firm transmission rights that satisfy certain guidelines established in this proceeding. The Commission is taking this action pursuant to section 1233(b) of the Energy Policy Act of 2005, Public Law No. 109-58, section 1233(b), 119 Stat. 594, 960 (2005).
Consolidated Plan Revisions and Updates
Document Number: 06-1182
Type: Rule
Date: 2006-02-09
Agency: Department of Housing and Urban Development
This rule makes streamlining and clarifying changes to the consolidated plan regulations of state and local governments so that the plans are more results-oriented and useful to communities in assessing their own progress toward addressing the problems of low- income areas. The rule also eliminates obsolete and redundant provisions and makes other changes that conform these regulations to HUD's public housing regulations that govern the Public Housing Agency (PHA) Plan. A consolidated plan is a document that jurisdictions submit to HUD if they receive funding under any of HUD's Community Planning and Development formula grant programs. The consolidated plan also serves as the jurisdiction's planning document for the use of the funds received under these programs.
Airworthiness Directives; Boeing Model 737-100, -200, -200C, -300, -400, and -500 Series Airplanes
Document Number: 06-1152
Type: Rule
Date: 2006-02-09
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for all Boeing Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This AD requires an inspection for chafing of certain wire bundles located above the center fuel tank, corrective actions if necessary, and replacement of wire bundle clamps with new clamps. This AD also requires an inspection for damage to the fuel vapor barrier area located below the wire bundles, and corrective action if necessary. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent chafed wire bundles near the center fuel tank, which could cause electrical arcing through the tank wall and ignition of fuel vapor in the fuel tank, and result in a fuel tank explosion.
Airworthiness Directives; Airbus Model A318-100 and A319-100 Series Airplanes; A320-111 Airplanes; A320-200 Series Airplanes; and A321-100 and A321-200 Series Airplanes
Document Number: 06-1151
Type: Rule
Date: 2006-02-09
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain Airbus Model A318-100 and A319-100 series airplanes; A320-111 airplanes; A320-200 series airplanes; and A321-100 and A321-200 series airplanes. This AD requires a one-time inspection of the horizontal hinge pin of the 103VU electrical panel in the avionics compartment to determine if the hinge pin can move out of the hinge, and related investigative and corrective actions if necessary. This AD results from a report indicating that electrical wire damage was found in the 103VU electrical panel due to contact between the hinge pin and the adjacent electrical wire harness. We are issuing this AD to prevent contact between the horizontal hinge pin and the adjacent electrical wire harness, which could result in damage to electrical wires, and consequent arcing and/or failure of associated systems.
Airworthiness Directives; British Aerospace Model HS 748 Airplanes
Document Number: 06-1149
Type: Rule
Date: 2006-02-09
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for all British Aerospace Model HS 748 airplanes. This AD requires installing a baulking actuator system for the elevator gust lock; doing a functional test and an inspection of any previously installed baulking actuator system for wiring errors; doing repetitive inspections of the gust lock baulk lever for correct operation; and corrective action, if necessary. This AD results from incidents where an elevator gust lock re-engaged without input from the flightcrew, and may have caused a flight control restriction. We are issuing this AD to prevent uncommanded re- engagement of the elevator gust lock, which could result in restriction of the elevator's movement and consequent reduced controllability of the airplane.
Airworthiness Directives; McDonnell Douglas Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-30F (KC-10A and KDC-10), DC-10-40, DC-10-40F, MD-10-10F, MD-10-30F, MD-11, and MD-11F Airplanes
Document Number: 06-1148
Type: Rule
Date: 2006-02-09
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain McDonnell Douglas transport category airplanes. This AD requires an initial ultrasonic inspection for cracks of the studbolts of the inboard and outboard hinge fittings of the left and right outboard flaps of the wings. Based on the inspection results, this AD also requires doing repetitive ultrasonic inspections, replacing upper and/or lower studbolts with new or serviceable studbolts, doing a detailed inspection for corrosion of the upper studbolts, doing a magnetic particle inspection for cracks of studbolts, and changing the protection treatment; as applicable. This AD results from reports of corrosion and failures of the upper and lower studbolts of the outboard flaps inboard and outboard hinge fittings. We are issuing this AD to prevent corrosion and subsequent cracking of studbolts, which could result in failure of the flap hinge fittings and their possible separation from the wing rear spar, and consequent reduced controllability of the airplane.
Airworthiness Directives; Rolls-Royce plc RB211 Trent 500 Series Turbofan Engines
Document Number: 06-1145
Type: Rule
Date: 2006-02-09
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for Rolls Royce plc (RR) RB211 Trent 500 series turbofan engines. This AD requires initial and repetitive borescope inspections of the high pressure-and-intermediate pressure (HP-IP) turbine oil vent tubes and bearing chambers for coking and carbon buildup and replacing the vent tubes if necessary. This AD results from a report of an RB211 Trent 700 series engine that experienced a disk shaft separation, overspeed of the IP turbine rotor, and multiple blade release of IP turbine blades. Since the design arrangement in the Trent 500 series engines is similar to that of the Trent 700 series engines, the same failure could occur in the Trent 500 series engines. We are issuing this AD to prevent internal oil fires caused by coking and carbon buildup, that could result in uncontained engine failure and damage to the airplane.
Standard Instrument Approach Procedures; Miscellaneous Amendments
Document Number: 06-1118
Type: Rule
Date: 2006-02-09
Agency: Federal Aviation Administration, Department of Transportation
This amendment amends Standard Instrument Approach Procedures (SIAPs) for operations at certain airports. These regulatory actions are needed because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, addition of new obstacles, or changes in air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
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