March 2006 – Federal Register Recent Federal Regulation Documents

NMFS issues this proposed rule to implement a regulatory amendment to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) prepared by the Gulf of Mexico Fishery Management Council (Council). This proposed rule would establish a recreational bag limit for Gulf red grouper of one fish per person per day; prohibit the captain and crew of a vessel operating as a charter vessel or headboat from retaining any Gulf grouper, i.e.,establish a zero bag limit for captain and crew; and establish a seasonal closure of the recreational fishery for gag, red grouper, and black grouper in or from the Gulf exclusive economic zone (EEZ). The intended effect of this proposed rule is to maintain recreational landings at levels consistent with the red grouper rebuilding plan while minimizing potential shift of fishing effort to associated grouper species.

The FAA proposes to supersede an existing airworthiness directive (AD) for General Electric Company (GE) CT7-5A2, -5A3, -7A, - 7A1, -9B, -9B1, and -9B2 turboprop engines, with certain part number (P/N) and serial number stage 2 turbine aft cooling plates installed. That AD currently requires a onetime eddy current inspection (ECI) of boltholes in certain P/N stage 2 turbine aft cooling plates. This proposed AD would expand the population of affected CT7 turboprop engine models, but would reduce the number of cooling plates affected. It would also require a onetime ECI of boltholes in certain P/N stage 2 turbine aft cooling plates. This proposed AD results from the manufacturer identifying the affected stage 2 turbine aft cooling plates by serial number. We are proposing this AD to prevent separation of the stage 2 turbine aft cooling plate, resulting in uncontained engine failure and damage to the airplane.

On January 25, 2006, the Office of Personnel Management (OPM) issued proposed rules regarding the reporting and best practices requirements of Title II of the No FEAR Act (71 FR 4053). The proposed rule contained a 60-day comment period. In response to requests by the No Fear Coalition and Members of Congress to extend the comment period, OPM has reopened the initial comment period until May 1, 2006.

The Federal Aviation Administration (FAA) proposes to amend its commercial space transportation regulations under the Commercial Space Launch Amendments Act of 2004. The FAA proposes application requirements for an operator of a reusable suborbital rocket to obtain an experimental permit. The FAA also proposes operating requirements and restrictions on launch and reentry of reusable suborbital rockets operated under a permit.

We are amending the regulations governing the importation of plants and plant products by adding Christmas cactus (Schlumbergera spp.) and Easter cactus (Rhipsalidopsis spp.) from the Netherlands and Denmark to the list of plants that may be imported in an approved growing medium subject to specified growing, inspection, and certification requirements. We are taking this action in response to requests from the Netherlands and Denmark and after determining that Christmas cactus and Easter cactus established in growing media can be imported without resulting in the introduction into the United States or the dissemination within the United States of a plant pest or noxious weed. This change will allow Christmas cactus and Easter cactus established in growing media to be imported into the United States from the Netherlands and Denmark under certain conditions.

The Food and Drug Administration (FDA) is removing regulations that exempted certain new animal drugs administered in feed from batch certification requirements. FDA is also removing portions of a regulation that required sponsors to submit data regarding the subtherapeutic use of certain antibiotic, nitrofuran, and sulfonamide drugs administered in animal feed. The intended effect of this rule is to remove regulations that are obsolete or redundant. The portions of the latter regulation that are being removed are most of the Type A medicated articles and use combinations that are listed in the tables contained in that regulation. This rule does not finalize the provisions of the proposed rule regarding removing the remainder of that regulation.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of an abbreviated new animal drug application (ANADA) filed by Cross Vetpharm Group Ltd. The ANADA provides for the veterinary prescription use of flunixin meglumine injectable solution for the control of inflammation in horses and cattle.

The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulations governing the operation of the Berkley Bridge across the Eastern Branch of the Elizabeth River, mile 0.4, at Norfolk, Virginia. To facilitate electrical and mechanical repairs, this deviation allows the drawbridge to remain closed to navigation each day, from 7 a.m. to 7 p.m., on April 18, 19, and 20, 2006.

This action proposes to revise Class E surface airspace at Kalispell, MT. This action is necessary for the safety of Instrument Flight Rules (FR) aircraft executing Instrument Landing System (ILS) approach procedures to the newly extended runway at Kalispell/Glacier Park International Airport, Kalispell, MT.

EPA is taking direct final action on revisions to the Maryland State Implementation Plan (SIP) submitted by the Maryland Department of Environment (MDE). The revisions update the SIP's reference to the EPA definition of volatile organic compounds (VOC). EPA is approving these revisions to the State of Maryland's SIP in accordance with the requirements of the Clean Air Act.

EPA is taking final action to approve revisions to the Commonwealth of Pennsylvania State Implementation Plan (SIP). The revisions were submitted by the Pennsylvania Department of Environmental Protection (PADEP) to establish and require reasonably available control technology (RACT) for two major sources of volatile organic compounds (VOC) and nitrogen oxides (NOX) pursuant to the Commonwealth of Pennsylvania's (Pennsylvania's or the Commonwealth's) SIP-approved generic RACT regulations. EPA is approving these revisions in accordance with the Clean Air Act (CAA).

The Food and Drug Administration (FDA) is issuing this final rule to correct some inadvertent typographical errors and other minor errors in certain device regulations. FDA intends for these corrections to improve the accuracy of the agency's regulations.

This final rule revises the regulations under the single- family mortgage insurance program that require mortgagees to report the status of all single-family mortgages insured by HUD that are 90 or more days delinquent. The rule requires mortgagees to report to HUD mortgages that are 30 or more days delinquent on the last day of the month. The Department believes that the rule would, among other things, provide HUD with more recent delinquency information. The receipt of more up-to-date information will enable HUD to better monitor its loss mitigation program and strengthen the soundness of the Federal Housing Administration (FHA) mortgage insurance funds. This final rule follows publication of a January 21, 2005, proposed rule, and takes into consideration the seven public comments received on the proposed rule. After careful consideration of the comments, HUD has decided to adopt the proposed rule without substantive change.

The FAA is adopting a new airworthiness directive (AD) for all McDonnell Douglas airplanes identified above. This AD requires a one- time inspection of the aft attach fitting assembly of the spoiler link to determine the part number, and further investigative action and replacement of the assembly with a new or serviceable assembly, if necessary. This AD results from a determination that the holes of certain aft attach fitting assemblies of the spoiler link were not cold-worked during production. We are issuing this AD to prevent fatigue cracking of the aft attach fitting of the spoiler link and consequent failure of the fitting. Failure of the fitting could result in an asymmetrical lift condition and consequent reduced controllability of the airplane.

The FAA is adopting a new airworthiness directive (AD) for all Airbus Model A318-100 and A319-100 series airplanes; Model A320-111 airplanes; and Model A320-200, A321-100, and A321-200 series airplanes. This AD requires repetitive detailed inspections of the trimmable horizontal stabilizer actuator (THSA) attachments for proper clearances, and any crack, damage, or metallic particles; related corrective actions if necessary; and a report of the inspection results to the manufacturer. This AD results from a report that during lab testing to verify the performance of the THSA's secondary load path with a simulated failure of the THSA's primary load path, the secondary load path's nut did not jam (as it was supposed to do). We are issuing this AD to ensure the integrity of the THSA's primary load path, which if failed, could result in latent (undetected) loading and eventual failure of the THSA's secondary load path and consequent uncontrolled movement of the horizontal stabilizer and loss of control of the airplane.

The Social Security Administration is committed to providing the high quality of service the American people expect and deserve. In light of the significant growth in the number of disability claims and the increased complexity of those claims, the need to make substantial changes in our disability determination process has become urgent. We are publishing a final rule that amends our administrative review process for applications for benefits that are based on whether you are disabled under title II of the Social Security Act (the Act), or applications for supplemental security income (SSI) payments that are based on whether you are disabled or blind under title XVI of the Act. We expect that this final rule will improve the accuracy, consistency, and timeliness of decision-making throughout the disability determination process.

The FAA is revising an earlier proposed airworthiness directive (AD) for all Gulfstream Model GV and certain Model GV-SP series airplanes. The original NPRM would have required a one-time inspection of the left and right aileron and elevator actuators to determine the part and serial numbers of each actuator, repetitive inspections of suspect actuators to detect broken damper shafts, and replacement of any actuator having a broken damper shaft. The original NPRM would also have required that operators report any broken damper shaft they find to the FAA. The original NPRM would also have provided an optional terminating action for the repetitive inspection requirements of the proposed AD. The original NPRM resulted from reports of broken or cracked damper shafts within the aileron and elevator actuator assemblies. This action revises the original NPRM by proposing to mandate the previously optional terminating action. We are proposing this supplemental NPRM to prevent broken damper shafts, which could result in locking of an aileron or elevator actuator (hard-over condition), which would activate the hard-over protection system (HOPS), resulting in increased pilot workload and consequent reduced controllability of the airplane.

The FAA proposes to adopt a new airworthiness directive (AD) for all Boeing Model 777 airplanes. This proposed AD would require, for the drive mechanism of the horizontal stabilizer, repetitive detailed inspections for discrepancies; repetitive lubrication of the ballnut and ballscrew; repetitive measurements of the freeplay between the ballnut and the ballscrew; and corrective action if necessary. This proposed AD results from a report of extensive corrosion of a ballscrew in the drive mechanism of the horizontal stabilizer on a Boeing Model 757 airplane, which is similar in design to the ballscrew on certain Model 777 airplanes. We are proposing this AD to prevent an undetected failure of the primary load path for the ballscrew in the horizontal stabilizer and subsequent wear and failure of the secondary load path, which could lead to loss of control of the horizontal stabilizer and consequent loss of control of the airplane.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of two recently published reports and the underlying data which present additional analysis data regarding the Preble's meadow jumping mouse (Zapus hudsonius preblei). In order to ensure the public has full access to and an opportunity to comment on all available information on the proposed rule to delist the Preble's meadow jumping mouse, we are extending the public comment period until May 18, 2006. Comments previously submitted need not be resubmitted as they have already been incorporated into the public record and will be fully considered in the final decision and rule.

This final rule adopts new mailing standards to make Parcel Return Service a permanent classification. Parcel Return Service replaces the former Parcel Return Services experiment and is now open to all postal customers who meet the participation requirements.

The Food and Drug Administration (FDA) is amending its regulations to reflect a change in telephone number for the Office of Combination Products (OCP). This action is editorial in nature and is intended to improve the accuracy of the agency's regulations.

The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the AMTRAK Pelham Bay railroad bridge, across the Hutchinson River at mile 0.5, at New York City, New York. This deviation allows the bridge to open on a limited daily schedule from March 27, 2006 through April 25, 2006. Vessels that can pass under the bridge without a bridge opening may do so at all times. This deviation is necessary to facilitate scheduled bridge maintenance.

EPA is making a revision to the Code of Federal Regulations (CFR) for the purpose of giving the Iowa Department of Natural Resources (IDNR) full regulatory responsibility for EPA-issued Prevention of Significant Deterioration (PSD) permits. IDNR demonstrated state legislative authority to take responsibility for the permits, and demonstrated that resources are available to accomplish full regulatory responsibility.

EPA proposes to approve a revision to the State Implementation Plan (SIP) submitted by the state of Iowa. The purpose of this revision is to approve the 2005 update to the Polk County Board of Health Rules and Regulations, Chapter V, Air Pollution. These revisions will help to ensure consistency between the applicable local agency rules and Federally-approved rules, and ensure Federal enforceability of the applicable parts of the local agency air programs.

The Treasury Department's Office of Foreign Assets Control is removing from the Code of Federal Regulations the Libyan Sanctions Regulations, the Angola (UNITA) Sanctions Regulations, and the Rough Diamonds (Liberia) Sanctions Regulations, as a result of the termination of the national emergencies, and revocation of the Executive orders, on which those regulations were based.