March 7, 2006 – Federal Register Recent Federal Regulation Documents

The FAA proposes to adopt a new airworthiness directive (AD) for certain Saab Model SAAB-Fairchild SF340A (SAAB/SF340A) and SAAB 340B airplanes. This proposed AD would require a one-time inspection to see if a faulty uplock axle for the shock strut of the main landing gear (MLG) is installed, and replacing the uplock axle with a new uplock axle if necessary. This proposed AD results from a report of a cracked uplock axle caused by hydrogen embrittlement during the manufacturing process. We are proposing this AD to prevent failure of the uplock mechanism, which, combined with a loss of hydraulic pressure, could result in an uncommanded extension of the MLG.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Raytheon Model Hawker 800XP airplanes. This proposed AD would require inspecting certain bus bars in the DA-A panel to ensure that the bus bars match the panel configuration and clearance is adequate between the bus bars and adjacent components, and performing corrective action if necessary. This proposed AD results from two reports of inadequate clearance between the bus bars in the DA-A panel. We are proposing this AD to prevent insufficient electrical isolation for the electrical bus configuration and inability of the flightcrew to isolate the bus bars in an emergency situation involving a dual generator failure, which could result in extra loads on the main ship batteries and consequent loss of power to the main essential bus.

This proposed rule would establish standards for recipients under the Indian Housing Block Grant Program to purchase insurance through nonprofit insurance entities owned and controlled by Indian tribes and tribally designated housing entities.

The Postal Service currently allows Periodicals mailers to prepare two types of mixed area distribution center (ADC) bundles and sacks, including a new type of optional mixed ADC bundle and sack that improves service for Periodicals without adding processing costs. We are proposing to make this optional separation a requirement beginning July 6, 2006.

The FAA proposes to adopt a new airworthiness directive (AD) for certain EMBRAER Model EMB-120, -120ER, -120FC, -120QC, and -120RT airplanes. This proposed AD would require replacing the shut-off and crossbleed valves of the bleed air system with new valves having hermetically sealed switches. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent a potential source of ignition near a fuel tank, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.

The document corrects an effective date in a final rule published in the Federal Register on February 27, 2006. That action amended Commission regulations to include certain rules governing the conduct of entities authorized to make sales of electricity and related products under market-based rate authorizations.

NMFS, upon application from BP Exploration (Alaska), (BP), is issuing regulations to govern the unintentional takings of small numbers of marine mammals incidental to operation of an offshore oil and gas platform at the Northstar facility in the Beaufort Sea in state waters. Issuance of regulations, and Letters of Authorization (LOAs) under these regulations, governing the unintentional incidental takes of marine mammals in connection with particular activities is required by the Marine Mammal Protection Act (MMPA) when the Secretary of Commerce (Secretary), after notice and opportunity for comment, finds, as here, that such takes will have a negligible impact on the species and stocks of marine mammals and will not have an unmitigable adverse impact on the availability of them for subsistence uses. These regulations do not authorize BP's oil development activities as such authorization is not within the jurisdiction of the Secretary. Rather, NMFS' regulations together with Letters of Authorization (LOAs) authorize the unintentional incidental take of marine mammals in connection with this activity and prescribe methods of taking and other means of effecting the least practicable adverse impact on marine mammal species and their habitat, and on the availability of the species for subsistence uses.

We are amending the regulations governing the importation of fruits and vegetables in order to allow certain types of peppers grown in approved registered production sites in Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua to be imported, under certain conditions, into the United States without treatment. The conditions to which the importation of peppers will be subject, including trapping, pre-harvest inspection, and shipping procedures, are designed to prevent the introduction of quarantine pests into the United States. This action will allow for the importation of peppers from those countries in Central America while continuing to provide protection against the introduction of quarantine pests into the United States.

The Board is publishing technical amendments to Regulation AA (Unfair or Deceptive Acts or Practices) to update the addresses of the Federal Reserve Banks where consumer complaints regarding a state member bank may be sent.

The Agricultural Marketing Service (AMS) is making a correction to the section of the Code of Federal Regulations which specifies maturity requirements for avocados grown in South Florida. The D date for the Meya variety of avocados is listed incorrectly.

The Department of Justice, Tax Division, is amending 28 CFR part 16 to exempt a newly revised Privacy Act system of records entitled ``Files of Applicants For Attorney and Non-Attorney Positions with the Tax Division, Justice/TAX-003,'' as described in today's notice section of the Federal Register, from 5 U.S.C. 552a(c)(3) and (d)(1). The exemptions will be applied only to the extent that information in a record is subject to exemption pursuant to 5 U.S.C. 552a(k)(5). The exemptions are necessary to protect the confidentiality of employment records. The Department also is deleting as obsolete provisions exempting two former Tax Division systems of records: ``Freedom of Information/Privacy Act Request Files, Justice/TAX-004;'' and ``Tax Division Special Project Files, Justice/TAX-005.'' The records in TAX-004 are now covered by a Departmentwide system notice, ``Freedom of Information Act, Privacy Act, and Mandatory Declassification Review Requests and Administrative Appeals, DOJ-004''. The relevant records in TAX-005 are now part of the revised system entitled ``Criminal Tax Case Files, Special Project Files, Docket Cards, and Associated Records, Justice/TAX-001.''

This action amends the Norton Sound Low, Woody Island Low and 1234L Offshore Airspace Areas in Alaska. Specifically, this action modifies the Norton Sound Low Offshore Airspace Area in the vicinity of the Toksook Bay Airport, Toksook Bay, AK, by lowering the Offshore airspace floor to 1,200 feet mean sea level (MSL) within a 35-mile radius from a defined point just south of the airport. This action also modifies the Woody Island Low and 1234L Offshore Airspace Areas in the vicinity of the Chignik Airport, Chignik, AK, by lowering the Offshore airspace floors to 1,200 feet MSL within a 72.8-mile radius from the Chignik Airport. The additional controlled airspace is necessary for the safety of instrument flight rules (IFR) operations at the Toksook Bay and Chignik Airports.

This rule upgrades minimum blowout prevention and well control requirements for well-workover operations on the OCS performed using coiled tubing with the production tree in place. Since 1997, there have been eight coiled tubing-related incidents on OCS facilities. The rule helps prevent losses of well control, and provides for increased safety and environmental protection.

We are adopting as a final rule, without change, an interim rule that amended the Karnal bunt regulations by adding certain areas in Maricopa and Pinal Counties, AZ, to the list of regulated areas and by removing certain areas or fields in Maricopa County, AZ, from the list of regulated areas. Those actions were necessary to prevent the spread of Karnal bunt into noninfected areas of the United States and to relieve restrictions on certain areas that were no longer necessary.

This amendment establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and/or Weather Takeoff Minimums for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or 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.