June 2006 – Federal Register Recent Federal Regulation Documents

The Office of Personnel Management (OPM) is issuing proposed regulations to rewrite certain sections of the Federal regulations in plain language. These regulations require Federal agencies to provide employees entering leave without pay (LWOP) status, or whose pay is insufficient to cover their Federal Employees Health Benefits (FEHB) premium payments, written notice of their opportunity to continue their FEHB coverage. Employees who want to continue their enrollment must sign a form agreeing to pay their premiums directly to their agency on a current basis, or to incur a debt to be withheld from their future salary. The purpose of this proposed regulation is to rewrite the existing regulations to ensure that employees who are entering LWOP status, or whose pay is insufficient to pay their FEHB premiums, are fully informed when they decide whether or not to continue their FEHB coverage.

These final special conditions are issued to Aero Propulsion, Inc., for Piper Model PA28-236 airplanes with a Societe de Motorisation Aeronautiques (SMA) Model SR305-230 ADE. The supplemental type certificate for these airplanes will have a novel or unusual design feature associated with the installation of an aircraft diesel engine that uses an electronic engine control system instead of a mechanical control system. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

This action proposes to establish 16 VOR Federal Airways (V- 65, V-176, V-383, V-396, V-406, V-410, V-414, V-416, V-418, V-426, V- 467, V-486, V-542, V-584, V-586, and V-609); modify 13 VOR Federal Airways (V-14, V-26, V-40, V-72, V-75, V-90, V-96, V-103, V-116, V-133, V-297, V-435, and V-526); and revoke one VOR Federal Airway (V-42) over the East Central United States in support of the Midwest Airspace Enhancement Plan (MASE). The FAA is proposing this action to enhance safety and to improve the efficient use of the navigable airspace assigned to the Chicago, Cleveland, and Indianapolis Air Route Traffic Control Centers (ARTCC).

NMFS is implementing an observer service provider program for the Atlantic sea scallop (scallop) fishery including criteria for becoming an approved observer service provider, observer certification criteria, decertification criteria, and observer deployment logistics. Through this emergency rule, NMFS is re-activating the industry-funded observer program implemented under the Atlantic Sea Scallop Fishery Management Plan (FMP) through a scallop total allowable catch (TAC) and days-at-sea (DAS) set-aside program that helps vessel owners defray the cost of carrying observers. Under this emergency action, scallop vessel owners, operators, or vessel managers are required to procure certified fishery observers for specified scallop fishing trips from an approved observer service provider. This emergency rule maintains the existing requirements for scallop vessel owners to pay for observers whether or not scallop TAC or DAS set-aside is available.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period and a public hearing on the proposed designation of critical habitat for the Perdido Key beach mouse (Peromyscus polionotus trissyllepsis), Choctawhatchee beach mouse (Peromyscus polionotus allophrys), and St. Andrew beach mouse (Peromyscus polionotus peninsularis) and the availability of the draft economic analysis of the proposed designation of critical habitat under the Endangered Species Act of 1973, 16 U.S.C. 1531, et seq. (Act). We are also using this comment period to modify the boundary of proposed critical habitat unit CBM-5 for Choctawhatchee beach mouse and PKBM-5 for Perdido Key beach mouse, correct an error made in the proposed rule, and solicit further comments on the proposed rule. The draft economic analysis finds that costs associated with conservation activities for the three beach mice are forecast to range from $60.4 million to $107.7 million in undiscounted dollars over the next 20 years. Adjusted for possible inflation, the costs would range from $56.3 million to $103.3 million over 20 years, or $3.8 million to $6.9 million annually using a three percent discount; or $52.5 million to $99.4 million over 20 years, or $5.0 million to $9.4 million annually using a seven percent discount rate. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed rule and the associated draft economic analysis. Comments previously submitted need not be resubmitted as they will be incorporated into the public record as part of this comment period and will be fully considered in preparation of the final rule.

The FAA adopts a new airworthiness directive (AD) for General MachineDiecron, Inc. (GMD) actuator nut assembly, part number (P/N) GMD115-810029-17 and P/N GMD115-810029-23, that are installed on certain Raytheon Aircraft Company (Raytheon) (formerly Beech) airplanes that are not equipped with a hydraulic main landing gear (MLG) or modified to a hydraulic MLG. This AD requires you to determine by maintenance records check and/or inspection whether any actuator nut assembly, P/N GMD115-810029-17 or P/N GMD115-810029-23, is installed on the right main MLG actuator, and, if installed, requires you to replace it with a new actuator nut assembly, P/N GMD115-810029-23B or FAA- approved equivalent P/N. This AD results from several reports of failures of the actuator nut assembly, P/N GMD115-810029-17 and P/N GMD115-810029-23. We are issuing this AD to prevent failure of the actuator nut assembly for the right MLG actuator, which could result in failure of the MLG. This failure could prevent the extension or retraction of the MLG.

This document makes a correction to Airworthiness Directive (AD) 2006-10-21. That AD applies to Engine Components Incorporated (ECi) reciprocating engine connecting rods. We published AD 2006-10-21 in the Federal Register on May 18, 2006, (71 FR 28769). An incorrect amendment number exists under the Sec. 39.13 amended heading. This document corrects the amendment number. In all other respects, the original document remains the same.

The FAA is adopting a new airworthiness directive (AD) for all Airbus Model A318, A319, A320, and A321 airplanes. This AD requires inspecting to determine the part number and serial number of the fuel tank boost pumps and, for airplanes with affected pumps, revising the Airplane Flight Manual (AFM) and the FAA-approved maintenance program. This AD also provides for optional terminating action for compliance with the revisions to the AFM and the maintenance program. This AD results from a report that a fuel tank boost pump failed in service, due to a detached screw of the boost pump housing that created a short circuit between the stator and rotor of the boost pump motor and tripped a circuit breaker. We are issuing this AD to ensure that the flightcrew is aware of procedures to prevent the presence of a combustible air-fuel mixture in the fuel tank boost pump, which, in the event of electrical arcing in the pump motor, could result in an explosion and loss of the airplane.

The FAA is adopting a new airworthiness directive (AD) for all Raytheon Model BAe.125 series 800A (including variants C-29A and U- 125), 800B, 1000A, and 1000B airplanes and Model Hawker 800 (including variant U-125A) and 1000 airplanes; and for certain Raytheon Model HS.125 series 700A and 700B airplanes and Model Hawker 800XP airplanes. This AD requires measuring the resistance of the current limiters for the PE, PS1, and PS2 busses, and replacing a current limiter with a new part if necessary. This AD also requires reporting certain information to the airplane manufacturer. This AD allows a records review for determining if suspect current limiters were installed, which may exempt airplanes from the required measurement. This AD results from reports that certain current limiters have opened within two to four hours after installation. We are issuing this AD to prevent loss of all primary electrical power, which could result in the airplane operating only under emergency power.

The FAA is adopting a new airworthiness directive (AD) for all Short Brothers Model SD3 airplanes. This AD requires installing additional fuel tank bonding jumpers, performing an in-place resistance check of the float switches, inspecting certain internal components of the fuel tanks, and performing related corrective actions if necessary. This AD also requires revisions to the Airworthiness Limitations section of the Instructions for Continued Airworthiness, and to the airplane flight manual procedures for operation during icing conditions and fuel system failures. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent ignition sources inside the fuel tanks, which could lead to fire or explosion.

This Treasury decision expands the existing 96,000-acre Livermore Valley viticultural area into northern Alameda County and southern Contra Costa County, California. The expansion adds 163,000 acres to the Livermore Valley viticultural area. We designate viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase.

This Treasury decision expands by approximately 20,000 acres the San Francisco Bay viticultural area and the Central Coast viticultural area in California to conform to the expanded boundary of the Livermore Valley viticultural area. We designate viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase.

On April 27, 2006, the Animal and Plant Health Inspection Service published a direct final rule. (See 71 FR 24806-24808.) The direct final rule notified the public of our intention to amend the animal importation regulations by adding Indiana to the lists of States approved to receive certain stallions and mares imported into the United States from regions affected with contagious equine metritis. We did not receive any written adverse comments regarding the addition of Indiana to those lists or written notice of intent to submit adverse comments in response to the direct final rule.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Airbus Model A300-600 series airplanes. The existing AD currently requires repetitive eddy current inspections to detect cracks of the outer skin of the fuselage at certain frames, and repair or reinforcement of the structure at the frames, if necessary. The existing AD also requires eventual reinforcement of the structure at certain frames, which, when accomplished, terminates the repetitive inspections. This proposed AD would add, for airplanes that were previously reinforced but not repaired in accordance with the existing AD, a one-time inspection for cracking of the fuselage outer skin at frames 28A and 30A above stringer 30, and repair if necessary. This proposed AD results from a report that the previously required actions were not sufficient to correct cracking before the structural reinforcement was installed. We are proposing this AD to prevent such fatigue cracking, which could result in reduced structural integrity, and consequent rapid decompression of the airplane.

The Food and Drug Administration (FDA) is correcting a document amending the animal drug regulations to reflect approval of an original new animal drug application (NADA) that appeared in the Federal Register of April 27, 2006 (71 FR 24814). FDA is correcting a paragraph designation in the table for lasalocid cattle feeds which was drafted in error. This correction is being made to improve the accuracy of the animal drug regulations.

This interim rule amends Department of Homeland Security regulations to provide that employers and recruiters or referrers for a fee who are required to complete and retain Forms I-9, Employment Eligibility Verification, may sign and retain these forms electronically. This interim rule implements statutory changes to the Form I-9 retention requirements by establishing standards for electronic signatures and the electronic retention of the Form I-9.

This rule revises the reporting and assessment requirements under the marketing order for Vidalia onions grown in Georgia (order). The order regulates the handling of Vidalia onions grown in Georgia and is administered locally by the Vidalia Onion Committee (Committee). This rule changes the reporting requirements for handlers from filing weekly shipment reports to monthly reporting. It also changes when assessments are due and how delinquent assessments are handled. This change is expected to benefit handlers without negatively affecting program compliance.

We are proposing to amend the regulations to add Namibia, except the portion of the country north of the Veterinary Cordon Fence (VCF), to the list of regions that are considered free of foot-and- mouth disease (FMD), and to add the entire country to the list of regions that are considered free of rinderpest. We are taking this action because we have determined that the region in Namibia south of the VCF is now free of FMD and the entire country is free of rinderpest. We are also proposing to add Namibia, except the region north of the VCF, to the list of FMD- and rinderpest-free regions that are subject to certain import restrictions on meat and other animal products because of their proximity to or trading relationships with rinderpest- or FMD-affected regions. This proposed action would relieve certain restrictions due to FMD and rinderpest on the importation into the United States of certain live animals and animal products from all regions of Namibia except the region north of the VCF. However, because we consider Namibia to be affected with African swine fever, classical swine fever, and swine vesicular disease, the importation of live swine and pork and pork products would continue to be restricted. In addition, because we consider Namibia to be affected with other animal diseases that are exotic to the United States, the importation of live ruminants and germplasm would also continue to be restricted. These actions would update the disease status of Namibia with regard to FMD and rinderpest while continuing to protect the United States from an introduction of those diseases by providing additional requirements for any meat and meat products imported into the United States from Namibia.

The U.S. Small Business Administration (SBA) proposes to amend its regulations governing SBA's government contracting programs. This proposed rule would add a new part to implement the Women-Owned Small Business Federal Contract Assistance Program authorized under the Small Business Reauthorization Act of 2000. It would also make the relevant conforming amendments to SBA's regulations.

The Bureau of Immigration and Customs Enforcement proposes to amend the regulations relating to the unlawful hiring or continued employment of unauthorized aliens. The amended regulation describes the legal obligations of an employer, under current immigration law, when the employer receives a no-match letter from the Social Security Administration or the Department of Homeland Security. It also describes ``safe-harbor'' procedures that the employer can follow in response to such a letter and thereby be certain that DHS will not find that the employer had constructive knowledge that the employee referred to in the letter was an alien not authorized to work in the United States. The proposed rule adds two more examples of situations that may lead to a finding that an employer had such constructive knowledge to the current regulation's definition of ``knowing.'' These additional examples involve an employer's failure to take reasonable steps in response to either of two events: (1) The employer receives written notice from the Social Security Administration (SSA) that the combination of name and social security account number submitted to SSA for an employee does not match agency records; or (2) the employer receives written notice from the Department of Homeland Security (DHS) that the immigration-status or employment-authorization documentation presented or referenced by the employee in completing Form I-9 was not assigned to the employee according to DHS records. (Form I-9 is retained by the employer and made available to DHS investigators on request, such as during an audit.) The proposed rule also states that whether DHS will actually find that an employer had constructive knowledge that an employee was an unauthorized alien in a situation described in any of the regulation's examples will depend on the totality of relevant circumstances. The ``safe-harbor'' procedures include attempting to resolve the no-match and, if it cannot be resolved within a certain period of time, verifying again the employee's identity and employment authorization through a specified process.

This regulation establishes a temporary exemption from the requirement of a tolerance for residues of the microbial pesticide Bacillus mycoides isolate J on sugar beets when applied/used to control Cercospora Leaf Spot (Cercospora beticola) in sugar beets. Montana Microbial Products submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting the temporary exemption from tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Bacillus mycoides isolate J. The temporary tolerance exemption will expire on December 31, 2007.

The Nuclear Regulatory Commission (NRC) has received and requests public comment on a petition for rulemaking filed by William Stein III, M.D. (petitioner). The petition has been docketed by the NRC and has been assigned Docket No. PRM-35-19. The petitioner is requesting that the NRC amend the regulations that govern medical use of byproduct material concerning training for parenteral administration of certain radioactive drugs used to treat cancer. The petitioner believes that these regulations do not adequately consider the training necessary for a class of physicians, namely medical oncologists and hemotologists, to qualify as an Authorized User (AU) physician to administer these drugs. The petitioner requests that the regulations be amended to clearly codify an 80-hour training and experience requirement as appropriate and sufficient for physicians desiring to attain AU status for these unsealed byproduct materials.

This notice proposes special conditions for the Piper PA 28- 161 Cadet, Warrior II and Warrior III series airplanes. These airplanes, as modified by Thielert Aircraft Engines GmbH, will have a novel or unusual design feature(s) associated with the installation of a diesel cycle engine utilizing turbine (jet) fuel. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for installation of this new technology engine. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

This interim final rule invites comments on changing the boundaries of all seven districts under the Watermelon Research and Promotion Plan (Plan) to apportion producer and handler membership on the National Watermelon Promotion Board (Board). This will make all districts equal according to the previous three-year average production records. Pursuant to the provisions of the Plan and regulations, these changes are based on a review of the production and assessments paid in each district and the amount of watermelon import assessments, which the Plan requires at least every five years.

The Coast Guard is establishing a safety zone in support of the Joint Logistics Over the Shore Naval Operations to be held on the Chesapeake Bay in the vicinity of Fort Story, Virginia Beach, VA. This action is intended to restrict vessel traffic from certain areas of the Chesapeake Bay in the vicinity of Fort Story. The safety zone is necessary to protect mariners from the hazards associated with the naval operations.