October 27, 2006 – Federal Register Recent Federal Regulation Documents
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Record Retention
The Office of Federal Housing Enterprise Oversight (OFHEO) is issuing a final regulation that sets forth record retention requirements with respect to the record management programs of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation consistent with the safety and soundness responsibilities of OFHEO under the Federal Housing Enterprises Financial Safety and Soundness Act of 1992.
Regulations Implementing the Energy Policy Act of 2005; Coordinating the Processing of Federal Authorizations for Applications Under Sections 3 and 7 of the Natural Gas Act and Maintaining a Complete Consolidated Record
Section 313 of the Energy Policy Act of 2005 (EPAct 2005) \1\ amends section 15 of the Natural Gas Act (NGA) \2\ to provide the Federal Energy Regulatory Commission (Commission) with additional authority to coordinate the processing of authorizations required under Federal law for proposed natural gas projects subject to NGA sections 3 and 7 and to maintain a complete consolidated record of decisions with respect to such Federal authorizations. This Final Rule promulgates regulations governing its exercise of this authority whereby the Commission will establish a schedule for the completion of reviews of requests for authorizations necessary for a proposed project and compile a consolidated record to be used in the event of review of actions by the Commission and other agencies in responding to requests for authorizations necessary for a proposed project.
Incorporation by Reference of American Society of Mechanical Engineers Boiler and Pressure Vessel Code Cases
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to incorporate by reference the latest revisions of two previously incorporated regulatory guides (RGs) that approve Code Cases published by the American Society of Mechanical Engineers (ASME). Specifically, these are Revision 34 of RG 1.84, ``Design and Fabrication Code Case Acceptability, ASME Section III'' (temporarily designated as Draft Regulatory Guide DG-1133), and Revision 15 of RG 1.147, ``Inservice Inspection Code Case Acceptability, ASME Section XI, Division 1'' (temporarily designated as Draft Regulatory Guide DG- 1134). This proposed action would allow licensees to use the Code Cases listed in the regulatory guides as alternatives to requirements in the ASME Boiler and Pressure Vessel (BPV) Code regarding the construction and inservice inspection of nuclear power plant components. Toward that end, the NRC has issued for public comment drafts of the two revised guides in the agency's Regulatory Guide Series. This series has been developed to describe and make available to the public such information as methods that are acceptable to the NRC staff for implementing specific parts of the NRC's regulations, techniques that the staff uses in evaluating specific problems or postulated accidents, and data that the staff needs in its review of applications for permits and licenses.
Incorporation by Reference of American Society of Mechanical Engineers Boiler and Pressure Vessel Code Cases
The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to incorporate by reference the latest revisions of two previously incorporated regulatory guides (RGs) that approve Code cases published by the American Society of Mechanical Engineers (ASME). These RGs are 1.84, ``Design and Fabrication Code Case Acceptability, ASME Section III,'' Revision 34 and RG 1.147, ``Inservice Inspection Code Case Acceptability, ASME Section XI, Division 1,'' Revision 15. This proposed action would allow licensees to use the Code Cases listed in the regulatory guides as alternatives to requirements in the ASME BPV Code regarding the construction and inservice inspection of nuclear power plant components.
Required Advance Electronic Presentation of Cargo Information for Truck Carriers: ACE Truck Manifest
Pursuant to section 343(a) of the Trade Act of 2002 and implementing regulations published in December, 2003, truck carriers and other eligible parties were directed to transmit advance electronic truck cargo information to the Bureau of Customs and Border Protection (CBP) through a CBP-approved electronic data interchange (EDI). This notice announces that CBP is designating the Automated Commercial Environment (ACE) Truck Manifest System as the approved EDI for the transmission of the required data and that the requirement that advance electronic truck cargo information be transmitted through ACE will be phased in by groups of ports of entry identified in this document.
Drawbridge Operation Regulations; Youngs Bay and Lewis and Clark River, Astoria, OR
The Coast Guard proposes to change the operating regulations for the New Youngs Bay, Old Youngs Bay, and the Lewis and Clark River Drawbridges near Astoria, Oregon. This change is requested by the Oregon Department of Transportation (ODOT), owner of the bridges, due to reduced demand for draw openings.
Nonforeign Area Cost-of-Living Allowance Rates; Alaska, Puerto Rico, and the U.S. Virgin Islands
The Office of Personnel Management is publishing a proposed regulation to change the cost-of-living allowance rates received by certain white-collar Federal and U.S. Postal Service employees in Alaska, Puerto Rico, and the U.S. Virgin Islands. The changes are the result of living-cost surveys conducted by OPM in 2005 and interim adjustments OPM calculated based on relative Consumer Price Index differences between the cost-of-living allowance areas and the Washington, DC area.
Airworthiness Directives; Boeing Model 747 Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 747 airplanes. This AD requires repetitive mid- and low-frequency eddy current inspections for cracks in the overlapped skin panels in the fuselage skin lap joints in sections 41, 42, 44, and 46, and corrective actions if necessary. This AD results from a report indicating that an operator found multiple small cracks in the overlapped skin panels in the fuselage skin lap joints. We are issuing this AD to detect and correct cracks in the overlapped skin panels, which could join together and result in reduced structural capability in the skin and consequent rapid decompression of the airplane.
Airworthiness Directives; EADS SOCATA Model TBM 700 Airplanes
We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as unsatisfactory initial elevator trim actuator greasing, which may lead to the icing of the elevator trim and generate an untrimmed nose-up attitude after an autopilot disconnection. We are issuing this AD to require actions to correct the unsafe condition on these products.
Airworthiness Directives; Hartzell Propeller Inc. Model HC-B5MP-3( )/M10282A( )+6 and HC-B5MP-3( )/M10876( )( )( )( ) Five-Bladed Propellers.
The FAA is superseding an existing airworthiness directive (AD) for Hartzell Propeller Inc. model HC-B5MP-3( )/M10282A( )+6 five- bladed propellers. That AD currently requires initial and repetitive torque check inspections on the mounting bolts on certain model Hartzell Propeller Inc. HC-B5MP-3( )/M10282A( )+6 five-bladed propellers, replacement of mounting bolts if necessary, and inspection and resurfacing of the engine and propeller mounting flanges if necessary. This AD requires the same actions but requires more detailed overhaul inspections and maintenance than the previous AD, AD 2004-21- 01. This AD also adds Hartzell Propeller Inc. HC-B5MP-3( )/M10876( )( )( )( ) five-bladed propellers to the applicability. This AD results from reports of fretting wear still occurring between the engine and propeller mounting flanges. The fretting wear results in loss of mounting bolt preload, causing failure of the mounting bolts. We are issuing this AD to prevent propeller separation from the airplane.
Medicare and Medicaid Programs; Fire Safety Requirements for Long Term Care Facilities, Automatic Sprinkler Systems
This proposed rule would require all long term care facilities to be equipped with sprinkler systems. This proposed rule especially requests public comments on the duration of a phase-in period to allow long term care facilities to install such systems.
Airworthiness Directives; Schempp-Hirth GmbH & Co. KG Models Mini-Nimbus B and Mini-Nimbus HS-7 Sailplanes
We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as a failure in the flap actuating circuit. An investigation showed that the lever at the torsional drive in the fuselage failed at the weld. We are issuing this AD to require actions to correct the unsafe condition on these products.
Filing Requirements for Suspicious Activity Reports
NCUA is issuing a final rule to describe in greater detail the requirements for reporting and filing a Suspicious Activity Report (SAR) and to address prompt notification of the board of directors of SAR filings, the confidentiality of reports, and liability protection. NCUA also is changing the heading for this part so it more accurately describes its scope. NCUA seeks to enhance credit union compliance with SAR reporting requirements by providing greater detail in its rule on the thresholds and procedures for filing a SAR.
General Lending Maturity Limit and Other Financial Services
NCUA is amending its rules to implement amendments to the Federal Credit Union Act (FCU Act) made by the Financial Services Regulatory Relief Act of 2006 (Reg Relief Act). The interim final rule revises the maturity limit in the general lending rule and permits Federal credit unions to provide certain, limited financial services to nonmembers within their fields of membership.
Airworthiness Directives; Air Tractor, Inc. Models AT-602, AT-802, and AT-802A Airplanes
The FAA adopts a new airworthiness directive (AD) for all Air Tractor, Inc. Models AT-602, AT-802, and AT-802A airplanes. This AD requires you to repetitively inspect the engine mount for any cracks, repair or replace any cracked engine mount, and report any cracks found to the FAA. This AD results from reports of cracked engine mounts. We are issuing this AD to detect and correct cracks in the engine mount, which could result in failure of the engine mount. Such failure could lead to separation of the engine from the airplane.
Airworthiness Directives; Airbus Model A300 and A310 Airplanes; and Airbus Model A300 B4-600, B4-600R, and F4-600R Series Airplanes, and Model C4-605R Variant F Airplanes (Collectively Called A300-600 Series Airplanes)
The FAA is adopting a new airworthiness directive (AD) for all Airbus Model A300 and A310 airplanes and A300-600 series airplanes. This AD requires inspecting for discrepancies of all electrical bundles located in the leading and trailing edges of the wings, and performing corrective actions if necessary. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent an ignition source, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.
Medicare Part B Income-Related Monthly Adjustment Amount
We are adding to our regulations a new subpart, Medicare Part B Income-Related Monthly Adjustment Amount, to contain the rules we will follow for Medicare Part B income-related monthly adjustment amount determinations. The monthly adjustment amount represents the amount of decrease in the Medicare Part B premium subsidy, i.e. the amount of the Federal Government's contribution to the Federal Supplementary Medical Insurance (SMI) Trust Fund. This new subpart implements section 811 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (the Medicare Modernization Act or MMA) and contains the rules for determining when, based on income, a monthly adjustment amount will be added to a Medicare Part B beneficiary's standard monthly premium. These final rules describe: What the new subpart is about; what information we will use to determine whether you will pay an income-related monthly adjustment amount and the amount of the adjustment when applicable; when we will consider a major life- changing event that results in a significant reduction in your modified adjusted gross income; and how you can appeal our determination about your income-related monthly adjustment amount.
Airworthiness Directives; Airbus Model A300 B4-600, B4-600R, and F4-600R Series Airplanes, and Model C4-605R Variant F Airplanes (Collectively Called A300-600 Series Airplanes); and Model A310 Series Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain Airbus models, as specified above. This AD requires modifying the aft pressure bulkhead for improved corrosion protection and drainage, and related concurrent actions. This AD results from severe corrosion found in the lower rim area of the aft pressure bulkhead during routine maintenance of an airplane. We are issuing this AD to prevent corrosion on the inner rim angle and cleat profile splice of the aft pressure bulkhead, which could result in the loss of airplane structural integrity.
Airworthiness Directives; Various Aircraft Equipped With Honeywell Primus II RNZ-850( )/-851( ) Integrated Navigation Units
The FAA is superseding an existing airworthiness directive (AD), which applies to various aircraft equipped with certain Honeywell Primus II RNZ-850( )/-851( ) integrated navigation units (INUs). That AD, as one alternative for compliance, provides for a one-time inspection to determine whether a certain modification has been installed on the Honeywell Primus II NV-850 navigation receiver module (NRM), which is part of the INU. In lieu of accomplishing this inspection, and for aircraft found to have an affected NRM, the existing AD provides for revising the aircraft flight manual to include new limitations for instrument landing system approaches. This new AD requires inspecting to determine whether certain modifications have been done on the NRM; and doing related investigative, corrective, and other specified actions, as applicable; as well as further modifications to address additional anomalies. This AD results from reports indicating that erroneous glideslope indications have occurred on certain aircraft equipped with the subject INUs. We are issuing this AD to ensure that the flightcrew has an accurate glideslope deviation indication. An erroneous glideslope deviation indication could lead to the aircraft making an approach off the glideslope, which could result in impact with an obstacle or terrain.
Airworthiness Directives; Airbus Model A300 B4-600, B4-600R, and F4-600R Series Airplanes, and Model A300 C4-605R Variant F Airplanes (Collectively Called A300-600 Series Airplanes)
The FAA is superseding an existing airworthiness directive (AD), which applies to certain Airbus Model A300-600 series airplanes. That AD currently requires an inspection for evidence of chafing between the hydraulic flexible hose and the ram air turbine (RAT) hub, and related investigative and corrective actions if necessary. This new AD extends the applicability to include all Model A300-600 series airplanes that are equipped with a certain RAT. This AD results from reports of holes in the RAT hub cover. We are issuing this AD to prevent a hole in the RAT hub cover. A hole in the RAT hub cover could allow water to enter the RAT governing mechanism, freeze during flight, and jam the governing mechanism. In addition, the metal particles that result from chafing between the hydraulic flexible hose and the RAT could mix with the lubricant grease and degrade the governing mechanism. In an emergency, a jammed or degraded RAT could result in its failure to deploy, loss of hydraulic pressure or electrical power to the airplane, and consequent reduced controllability of the airplane.
Airworthiness Directives; Boeing Model 757-200, -200CB, and -300 Series Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 757-200, -200CB, and -300 series airplanes. This AD requires repetitive detailed inspections for proper functioning of the girt bar leaf springs for the escape slides to ensure the leaf springs retain the sliders and the required 0.37-inch minimum engagement between the sliders and floor fittings is achieved at passenger doors 1, 2, and 4, and corrective actions if necessary. This AD results from a report that the escape slides failed to deploy correctly during an operator's tests of the escape slides. We are issuing this AD to prevent escape slides from disengaging from the airplane during deployment or in use, which could result in injuries to passengers or flightcrew.
Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; 2007 Summer Flounder, Scup, and Black Sea Bass Specifications; 2007 Research Set-Aside Projects
NMFS proposes specifications for the 2007 summer flounder, scup, and black sea bass fisheries. The implementing regulations for the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) require NMFS to publish specifications for the upcoming fishing year for each of the species and to provide an opportunity for public comment. The intent of this action is to establish harvest levels that assure that the target fishing mortality rates (F) or exploitation rates specified for these species in the FMP are not exceeded and to allow for rebuilding of the stocks in accordance with the Magnuson- Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). NMFS has conditionally approved four research projects for the harvest of the portion of the quota that has been recommended by the Mid- Atlantic Fishery Management Council (Council) to be set aside for research purposes. In anticipation of receiving applications for Experimental Fishing Permits (EFPs) to conduct this research, the Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator), has made a preliminary determination that the activities authorized under the EFPs issued in response to the approved Research Set-Aside (RSA) projects would be consistent with the goals and objectives of the FMP. However, further review and consultation may be necessary before a final determination is made to issue any EFP.
DoD Freedom of Information Act Program Regulation
This documents removes Subpart D, ``For Official Use Only'' (FOUO) from 32 CFR part 286, ``DoD Freedom of Information Act Program Regulations'' and reserves that subpart for future use. Removing this from 32 CFR part 286 will eliminate confusion of the authoritative FOUO guidance and who is the authority on FOUO. This removal will alleviate any further uncertainty, avoid duplication of FOUO guidance, and is considered an administrative action.
Proposed Establishment of Class E Airspace; Santa Cruz, CA
This notice proposes to modify the Class E airspace area at Santa Cruz, CA. The establishment of a Special COPTER Area Navigation (RNAV) Global Positioning System (GPS) 040 Point In Space Standard Instrument Approach Procedure (SIAP) and a Special COPTER RNAV (GPS) 227 Departure Procedure serving Dominic Hospital Heliport has made this proposal necessary. Additional controlled airspace extending upward from 700 feet or more above the surface of the earth is needed to contain helicopters executing the Special COPTER RNAV (GPS) 040 Point In Space SIAP and Special COPTER RNAV (GPS) 227 Departure Procedure to Dominican Hospital Heliport. The intended effect of this proposal is to provide adequate controlled airspace for Instrument Flight Rules (IFR) operations at Dominican Hospital Heliport, Santa Cruz, CA.
Occupational Noise Exposure for Railroad Operating Employees
FRA is amending its occupational noise standards for railroad employees whose predominant noise exposure occurs in the locomotive cab. FRA's previous standard (issued in 1980) limited cab employee noise exposure to certain levels based on the duration of their exposure. This rule modifies that standard and also sets out additional requirements. FRA is requiring railroads to conduct noise monitoring and to implement a hearing conservation program for railroad operating employees whose noise exposure equals or exceeds an 8-hour time- weighted average (TWA) of 85 decibels. FRA is also establishing design, build, and maintenance standards for new locomotives and maintenance requirements for existing locomotives. FRA expects that this rule will reduce the likelihood of noise-induced hearing loss for railroad operating employees.
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