March 2006 – Federal Register Recent Federal Regulation Documents

The Fish and Wildlife Service (Service) proposes regulations that would authorize the nonlethal, incidental, unintentional take of small numbers of polar bears and Pacific walrus during year-round oil and gas industry (Industry) exploration, development, and production operations in the Beaufort Sea and adjacent northern coast of Alaska. Industry operations for the covered period are similar to, and include all activities covered by the previous 16-month Beaufort Sea incidental take regulations that were effective from November 28, 2003, through March 28, 2005 (68 FR 66744; November 28, 2003). We are proposing that this rule be effective for 5 years from date of issuance. We propose a finding that the total expected takings of polar bear and Pacific walrus during oil and gas industry exploration, development, and production activities will have a negligible impact on these species and will not have an unmitigable adverse impact on the availability of these species for subsistence use by Alaska Natives. We base this finding on the results of 12 years of data on the encounters and interactions between polar bears, Pacific walrus, and Industry; recent studies of potential effects of Industry on these species; and oil spill risk assessments using oil spill trajectory models, polar bear density models, potential and documented Industry impacts on these species, and models to determine the likelihood of impacts to polar bears should an accidental oil release occur. We are seeking public comments on this proposed rule.

The Federal Election Commission (``Commission'') is revising the regulation defining the phrase ``in connection with an election in which a candidate for Federal office appears on the ballot.'' The Bipartisan Campaign Reform Act of 2002 (``BCRA'') amended the Federal Election Campaign Act of 1971 (``FECA''), to provide that when voter identification, get-out-the-vote activity, and generic campaign activities are in connection with an election in which a candidate for Federal office appears on the ballot, they are ``Federal election activity'' (``FEA''), subject to certain funding limits and prohibitions. In its new interim final rule, the Commission specifies when voter identification and get-out-the-vote activity are conducted exclusively in connection with non-Federal elections and are therefore not FEA. The Commission is soliciting comments on all aspects of the interim final rule and may amend the interim rule as appropriate in response to comments received. Further information is provided in the SUPPLEMENTARY INFORMATION that follows.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to correct the inadvertent omission of appropriate references in the FAR pertaining to termination for cause of those purchase orders that have been accepted in writing. The Government is soliciting comments from interested parties to ensure the language in this proposed rule is clear in stating the appropriate termination coverage for commercial purchase orders that have been accepted in writing by the contractor.

The Coast Guard is establishing a temporary safety zone on the waters within Tampa Bay, Florida in the vicinity of the St Petersburg Municipal Yacht Basin. The safety zone is needed to ensure the safety of all mariners during the St Petersburg Grand Prix. This rule is necessary to provide for the safety of life on the navigable waters of the United States.

The Food and Drug Administration (FDA) is classifying Reagents for detection of specific novel influenza A viruses into class II (special controls). Special controls that will apply to the device are the guidance document entitled, ``Class II Special Controls Guidance Document: Reagents for Detection of Specific Novel Influenza A Viruses'' and limitations of distribution of these reagents. The agency is taking this action in response to a petition submitted under the Federal Food, Drug, and Cosmetic Act (the act) as amended by the Medical Device Amendments of 1976, the Safe Medical Devices Act of 1990, the Food and Drug Administration Modernization Act of 1997, and the Medical Device User Fee and Modernization Act of 2002. The agency is classifying the device into class II (special controls) in order to provide a reasonable assurance of safety and effectiveness of the device. Elsewhere in this issue of the Federal Register, FDA is publishing a notice of availability of a guidance document that is a special control for this device.

This regulation establishes a tolerance for combined residues of imidacloprid in or on oats and rye. Bayer CropScience requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).

EPA is taking direct final action to approve a PM10 State Implementation Plan (SIP) maintenance plan revision for the Lakeview, Oregon nonattainment area and to redesignate the area from nonattattainment to attainment for PM10. PM10 air pollution is suspended particulate matter with a nominal diameter less than or equal to a nominal ten micrometers. EPA is approving the SIP revision and redesignation request because the State adequately demonstrates that the control measures being implemented in the Lakeview area result in maintenance of the PM10 National Ambient Air Quality Standards and all other requirements of the Clean Air Act for redesignation to attainment are met.

EPA is proposing to approve a PM10 State Implementation Plan (SIP) maintenance plan revision for the La Grande, Oregon nonattainment area and to redesignate the area from nonattattainment to attainment for PM10. PM10 air pollution is suspended particulate matter with a nominal diameter less than or equal to a nominal ten micrometers. EPA is proposing to approve the SIP revision and redesignation request because the State adequately demonstrates that the control measures being implemented in the La Grande area result in maintenance of the PM10 National Ambient Air Quality Standards and all other requirements of the Clean Air Act for redesignation to attainment are met.

EPA is approving revisions to the Washoe County District Board of Health (WCDBH) portion of the Nevada State Implementation Plan (SIP). The WCDBH revisions concern particulate matter (PM-10) emissions from street sanding operations and from street sweeping operations. We are approving local rules under the Clean Air Act as amended in 1990 (CAA or the Act).

EPA is proposing to approve a request from the Indiana Department of Environmental Management (IDEM) to revise the Indiana State Implementation Plan (SIP). The revision consists of the repeal of 326 IAC 6-1, and its replacement by new articles 326 IAC 6.5 and 326 IAC 6.8. 326 IAC 6.5 contains particulate matter emission limitations for sources in all counties in Indiana, with the exception of Lake County. Sources in Lake County are addressed in 326 IAC 6.8. The revision does not change any control requirements or any other provisions in 326 IAC 6-1. In the final rules section of this Federal Register, EPA is approving the SIP revision as a direct final rule without prior proposal, because EPA views this as a noncontroversial revision and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If we do not receive any adverse comments in response to these direct final and proposed rules, we do not contemplate taking any further action in relation to this proposed rule. If EPA receives adverse comments, we will withdraw the direct final rule and will respond to all public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time.

The Food and Drug Administration (FDA) is issuing an order prohibiting the extralabel use of anti-influenza adamantane and neuraminidase inhibitor drugs in chickens, turkeys, and ducks. We are issuing this order based on evidence that extralabel use of these anti- influenza drugs in chickens, turkeys, and ducks will likely cause an adverse event in humans.

The FAA is adopting a new airworthiness directive (AD) for all Boeing Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747- 300, 747-400, 747-400D, and 747SR series airplanes. This AD requires a one-time inspection to determine whether any steel doubler (small or large) is installed at the lower forward and upper aft corners of the fuselage cutout at main entry doors (MEDs) number 3. Depending on the results of this inspection, this AD also requires repetitive inspections for cracks of the skin, bearstrap, and small steel doubler (if installed) at the applicable corner or corners of the fuselage cutouts, and related investigative/corrective actions if necessary. This AD also provides the optional terminating action for the repetitive inspections of installing a large steel doubler at the affected corners. This AD results from reports of cracks in the skin and bearstrap at the upper aft corner and at the lower forward corner of the fuselage cutout at MEDs number 3. We are issuing this AD to detect and correct cracks in the skin, bearstrap, and small steel doubler (if installed), which could propagate and result in rapid decompression of the airplane.

The FAA is adopting a new airworthiness directive (AD) for certain Fokker Model F.28 Mark 0070 and 0100 airplanes. This AD requires inspecting the main landing gear (MLG) main fitting for cracks, and repair if necessary. This AD also requires installing a placard and revising the airplane flight manual to include procedures to prohibit the application of brakes during backward movement of the airplane. This AD results from a report that an MLG main fitting failed on an airplane that was braking while moving backward. We are issuing this AD to detect and correct cracks in the MLG main fitting, which could result in reduced structural integrity of the MLG main fitting.

EPA is revoking 29 exemptions from the requirement of a tolerance that are associated with 27 inert ingredients because these substances are no longer contained in active Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) pesticide product registrations. These ingredients are subject to reassessment by August, 2006 under section 408(q) of the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA). The 29 tolerance exemptions are considered ``reassessed'' for purposes of FFDCA's section 408(q).

This document substitutes Channel 253C1 for Channel 252C3 at Bend, Oregon and modifies the Station KTWS-FM license to specify operation on Channel 253C1. To accommodate this upgrade, this document also substitutes Channel 271C3 for vacant Channel 255C3 at Prineville, Oregon. The reference coordinates for the Channel 227C2 allotment at Bend, Oregon, are 44-04-41 and 121-19-57. The reference coordinates for the Channel 271C3 allotment at Prineville, Oregon, are 44-20-36 and 120-44-06. See 68 FR 17003, April 8, 2003. With this action, the proceeding is terminated.

The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations revising the BNG Fuel Solutions Corporation VSC-24 cask system listing within the ``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 6 to the Certificate of Compliance. Amendment No. 6 would modify the present cask system design to revise the Technical Specification (TS) requirements related to periodic monitoring during storage operation. Specifically, the amendment would eliminate TS 1.3.4 that requires daily temperature measurement of the cask. The daily temperature measurement is not required because the daily visual inspection of the cask inlet and outlet vent screens, required by TS 1.3.1, provides the capability to determine when corrective action needs to be taken to maintain safe storage conditions under the requirements that govern general design criteria for spent fuel storage casks. This is because the visual inspection would determine if the cask inlets and outlets were blocked (the focus of the thermal analysis submitted by the CoC holder). The amendment would also revise TS 1.2.3 to correspond with TS 1.3.1 by revising the method of thermal performance evaluation to allow for daily temperature surveillance after the cask has reached thermal equilibrium. In addition, the amendment would update editorial changes associated with the company name change from BNFL Fuel Solutions Corporation to BNG Fuel Solutions Corporation.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 777 airplanes. This proposed AD would require a one-time inspection of the first bonding jumper aft of the bulkhead fitting to detect damage or failure and to determine the mechanical integrity of its electrical bonding path, and repair if necessary; measuring the bonding resistance between the fitting for the fuel feed tube and the front spar in the left and right main fuel tanks, and repairing the bonding if necessary; and applying additional sealant to completely cover the bulkhead fittings inside the fuel tanks. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent arcing or sparking during a lightning strike at the interface between the bulkhead fittings of the engine fuel feed tube and the front spar inside the fuel tank. This arcing or sparking could provide a potential ignition source inside the fuel tank, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.

This action extends the comment period for an NPRM published on November 23, 2005. In the NPRM, the FAA proposed new rules that would require operators and manufacturers of transport category airplanes to take steps that, in combination with other required actions, should greatly reduce the chance of a catastrophic fuel tank explosion. The extension of the comment period is a result of requests from a number of entities to allow public comment on new information that has recently been placed in the public docket.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to revise requirements for reporting of Government property in the possession of DoD contractors. The proposed rule replaces existing DD Form 1662 reporting requirements with requirements for DoD contractors to electronically submit, to the Item Unique Identification (IUID) Registry, the IUID data applicable to the Government property in the contractor's possession. This will result in more efficient and accurate reporting of Government property in the possession of contractors.

On January 20, 2006, the Office of Federal Contract Compliance Programs (OFCCP) published in the Federal Register a notice of proposed rulemaking (NPRM). The NPRM (71 FR 3373) proposes to amend the regulations implementing Executive Order 11246 by removing the current requirement for nonconstruction federal contractors to file the Equal Opportunity Survey (``EO Survey NPRM''). This document corrects the e- mail address for submitting comments on the EO Survey NPRM. Further, to ensure that all public comments are received, this document extends the comment period for the proposed rule for seven (7) days. Respondents who sent comments to the earlier e-mail address are encouraged to contact the person named below to find out if their comments were received and re-submit them to the e-mail address below if necessary.

The Nuclear Regulatory Commission (NRC) is amending its regulations revising the BNG Fuel Solutions Corporation VSC-24 cask system listing within the ``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 6 to Certificate of Compliance Number 1007. Amendment No. 6 will modify the present cask system design to revise the Technical Specification (TS) requirements related to periodic monitoring during storage operation under a general license. Specifically, the amendment will eliminate TS 1.3.4 that requires daily temperature measurement of the cask. The daily temperature measurement is not required because the daily visual inspection of the cask inlet and outlet vent screens, required by TS 1.3.1, provides the capability to determine when corrective action needs to be taken to maintain safe storage conditions under the requirements that govern general design criteria for spent fuel storage casks. This is because the visual inspection would determine if the cask inlets and outlets were blocked (the focus of the thermal analysis submitted by the CoC holder). The amendment will also revise TS 1.2.3 to correspond with TS 1.3.1 by revising the method of thermal performance evaluation to allow for daily temperature surveillance after the cask has reached thermal equilibrium. In addition, the amendment updates editorial changes associated with the company name change from BNFL Fuel Solutions Corporation to BNG Fuel Solutions Corporation.

This proposed rule would revise existing regulations under sections 401-432 of the Health Care Quality Improvement Act of 1986, governing the National Practitioner Data Bank for Adverse Information on Physicians and Other Health Care Practitioners, to incorporate statutory requirements under section 1921 of the Social Security Act, as amended by section 5(b) of the Medicare and Medicaid Patient and Program Protection Act of 1987, and as amended by the Omnibus Budget Reconciliation Act of 1990. The Medicare and Medicaid Patient and Program Protection Act of 1987, along with certain additional provisions in the Omnibus Budget Reconciliation Act of 1990, was designed to protect program beneficiaries from unfit health care practitioners, and otherwise improve the anti-fraud provisions of the Medicare and State health care programs. Section 1921, the statutory authority upon which this regulatory action is based, requires each State to adopt a system of reporting to the Secretary of Health and Human Services (the Secretary) certain adverse licensure actions taken against health care practitioners and health care entities licensed or otherwise authorized by a State (or a political subdivision thereof) to provide health care services. It also requires each State to report any negative actions or findings that a State licensing authority, peer review organization, or private accreditation entity has concluded against a health care practitioner or health care entity.

This action corrects a final rule published in the Federal Register on February 15, 2006 (71 FR 7848), Airspace Docket No. 03-AWA- 2, FAA Docket No. FAA-2005-22509. In that rule, inadvertent errors were made in the graphic depicting the modified St. Louis Class B airspace area. This action corrects those errors.

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

The FAA is adopting a new airworthiness directive (AD) for General Electric Company (GE) Model CF6-80C2D1F turbofan engines. This AD requires modifying the latching system of the fan reverser. This AD results from 13 reports of released thrust reverser hardware. We are issuing this AD to prevent release of the thrust reverser cascade on landing, which could result in runway debris and a possible hazard to other aircraft.