January 2007 – Federal Register Recent Federal Regulation Documents

Pursuant to Section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969, as implemented by the Council on Environmental Quality Regulations (40 CFR Parts 1500-1508), and Executive Order 12114, the Department of the Navy (Navy) announces its intent to prepare an Environmental Impact Statement (EIS)/Overseas EIS to evaluate the potential environmental effects associated with naval training in the Jacksonville (JAX) Range Complex. The Navy proposes to support current and emerging training operations and research, development, testing, and evaluation (RDT&E) activities at the JAX Range Complex by: (1) Maintaining baseline operations at current levels; (2) increasing training operations from current levels as necessary to support the Fleet Readiness Training Plan (FRTP); (3) accommodating mission requirements associated with force structure changes; and (4) implementing enhanced range complex capabilities. The EIS/OEIS study area is the JAX Range Complex which consists of targets and instrumented areas, airspace, surface and subsurface operations areas (OPAREAs), and land range facilities. Together the JAX Range Complex encompasses: 27 square miles of land area; 62,596 nm\2\ of special use airspace (SUA); and 50,090 nm\2\ of sea space. The scope of actions to be analyzed in this EIS/OEIS includes current and proposed future Navy training, and RDT&E activities, within Navy-controlled operating areas, airspace, and ranges. It also includes proposed Navy- funded range capabilities enhancements, including infrastructure improvements that support range complex training and RDT&E activities. Training activities that involve the use of active sonar are conducted in the JAX Range Complex; however, those potential effects are being analyzed in detail in a separate document, the Atlantic Fleet Active Sonar Training EIS/OEIS. This separate sonar EIS/OEIS addresses active sonar use as a whole by the Atlantic Fleet in the eastern Atlantic Ocean (including waters that are part of the JAX Range Complex), and in the Gulf of Mexico. The results of this sonar EIS/OEIS will be incorporated into the JAX Range Complex EIS/OEIS to account for active sonar effects that could occur within the geographic area of the JAX Range Complex. Dates and Addresses: Public scoping meetings will be held to receive oral and written comments on environmental concerns that should be addressed in the EIS/OEIS in the following cities: Charleston, South Carolina; Beaufort, South Carolina; Savannah, Georgia; and Jacksonville, Florida. Public scoping open houses will be held at the following dates, times, and locations: February 20, 2007, from 5 p.m. to 8 p.m. at the Embassy Suites in Charleston, SC; February 21, 2007, from 5 p.m. to 8 p.m. at the U.S. Army National Guard Armory in Beaufort, SC; February 22, 2007 from 5 p.m. to 8 p.m. at the Coastal Georgia Center in Savannah, GA; and February 23, 2007 from 5 p.m. to 8 p.m. at The Sea Turtle Inn, Atlantic Beach in Jacksonville, FL.

This document corrects a technical error that appeared in the final rule published in the Federal Register on November 27, 2006 entitled ``Medicare Program; Notification of Hospital Discharge Appeal Rights.'' This document is a supplement to the November 27, 2006 final rule.

This notice announces a quarterly meeting of the Practicing Physicians Advisory Council (the Council). The Council will meet to discuss certain proposed changes in regulations and manual instructions related to physicians' services, as identified by the Secretary of Health and Human Services (the Secretary). This meeting is open to the public.

Notice is hereby given of a meeting via web conference call of the Marine Protected Areas Federal Advisory Committee (Committee). The web conference call is open to the public, and participants can dial in to the call. Participants who choose to use the web conferencing feature in addition to the audio will be able to view the presentation as it is being given. Members of the public wishing to listen should contact Lauren Wenzel at the email or telephone number below for the call-in number and passcode.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 777-200, -300, and -300ER series airplanes. This AD requires replacement of the gimbal plates of the left and right outboard trailing edge flaps with improved gimbal plates and other specified actions. This AD results from a broken pivot link found on the inboard support for the outboard trailing edge flap. We are issuing this AD to prevent disconnection of the drive arm from its drive gimbal, due to a broken pivot link on an outboard flap support, which could result in unexpected roll of the airplane and loss of control of the airplane.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus Model A300 airplanes; and Model A300 B4-600, B4-600R, and F4-600R series airplanes, and Model C4-605R Variant F airplanes (collectively called A300-600 series airplanes). This AD requires replacing the pressure limiter of the parking brake system with a new or modified pressure limiter. This AD results from a report indicating that failure of the parking brake system occurred on a Model A300-600 airplane. We are issuing this AD to prevent failure of the parking brake system and interference with emergency use of the brake pedals, which could lead to airplane collision with surrounding objects or departure from the runway.

The FAA is superseding an existing airworthiness directive (AD), which applies to all Boeing Model 747 airplanes. That AD currently requires a one-time inspection to determine whether the outer cylinder of the wing landing gear has certain part numbers, and replacement of the outer cylinder of the wing landing gear with a new, improved, or reworked part if necessary. That AD also requires removal of the load evening system, if such a system is installed. This new AD requires, for certain airplanes, an additional one-time inspection to determine whether the outer cylinder has a certain other part number. For those certain airplanes, this new AD also requires replacement of the outer cylinder with a reworked or new, improved part and related investigative and corrective actions, if necessary. This AD results from identification of an additional unsafe part. We are issuing this AD to prevent fracture of the outer cylinder of the wing landing gear, which could result in collapse of the wing landing gear.

The FHWA has forwarded the information collection request described in this notice to the Office of Management and Budget (OMB) for approval of a new information collection. We published a Federal Register Notice with a 60-day public comment period on this information collection on November 24th, 2006. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

This notice extends the period for comments to be submitted on the request for information (``RFI'') published on December 1, 2006 (71 FR 69504) related to the Family and Medical Leave Act of 1993 (the ``FMLA'' or the ``Act''). That request for information invites the public to provide information to the Department of Labor (``Department'') to assist in its consideration and review of the Department's administration of the Act and the implementing regulations. The Department has received inquiries regarding the possibility of extending the comment period, particularly since the RFI was published in December and part of the comment period fell over the holidays. The comment period, which was to expire on February 2, 2007, is hereby extended 14 days to February 16, 2007 at 5 p.m. (EST).

NMFS is prohibiting directed fishing for the A season allowance of the 2007 Pacific cod sideboard limits apportioned to non-American Fisheries Act (AFA) crab vessels catching Pacific cod for processing by the inshore component in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2007 Pacific cod sideboard limits apportioned to non-AFA crab vessels catching Pacific cod for processing by the inshore component in the Central Regulatory Area of the GOA.

The Federal Aviation Administration (FAA) announces that it will no longer prepare an Air Tour Management Plan (ATMP) and Environmental Assessment (EA) for commercial air tour operations over Kalaupapa National Historical Park (NHP), at Molokai, Hawaii. The FAA has stopped work on preparation of the ATMP and EA based upon no further operating authority interest by commercial air tour operators who had been granted Interim Operating Authority to conduct commercial air tour operations over the park unit and there are no new entrant requests to conduct commercial air tour operations.

The Per Diem, Travel and Transportation Allowance Committee is publishing Civilian Personnel Per Diem Bulletin Number 251. This bulletin lists revisions in the per diem rates prescribed for U.S. Government employees for official travel in Alaska, Hawaii, Puerto Rico, the Northern Mariana Islands and Possessions of the United States. AEA changes announced in Bulletin Number 194 remain in effect. Bulletin Number 251 is being published in the Federal Register to assure that travelers are paid per diem at the most current rates.

In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Under Secretary of Defense (Personnel and Readiness) announces a proposed extension of a previously approved public information collection and seeks public comment on the provisions thereof. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.

In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the United States Naval Academy announces the proposed extension of a currently approved public information collection and seeks public comment on the provisions thereof. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.

NHTSA and FMCSA solicit comments on separate, but similar petitions for rulemaking from the American Trucking Associations (ATA) and Road Safe America and a group of nine motor carriers, to require devices that would limit the speed of certain trucks and to prohibit owners and operators from adjusting the speed limiting devices. The agencies are soliciting public comments to supplement a review of the material presented by the petitioners, along with an evaluation of data or other relevant information the agencies may already have, in conducting a technical review of the petitions. After considering the technical review, and taking into account appropriate factors, the NHTSA Administrator will make a decision whether to grant or deny either or both of these petitions.

The FAA is adopting a new airworthiness directive (AD) for certain Bombardier Model DHC-8-400 series airplanes. This AD requires inspecting for fouling and chafing damage of the outboard brake control cable of the main landing gear, replacing the control cable if necessary, reworking the control cable cover, and, if applicable, manufacturing/installing an offset plate on the control cable cover. This AD results from a review of brake control cable operation conducted by the manufacturer. We are issuing this AD to prevent abrasion and wear of the outboard brake control cable, which could lead to cable separation and reduced control of airplane braking.

The FAA is superseding an existing airworthiness directive (AD), which applies to certain Bombardier Model DHC-8-400 series airplanes. That AD currently requires revising the airplane flight manual (AFM) to advise the flightcrew of appropriate procedures to follow in the event that a main landing gear (MLG) fails to extend following a gear-down selection. That AD also currently requires repetitive replacement of the left and right MLG uplock assemblies with new assemblies; and an inspection of the left and right MLG uplock rollers for the presence of an inner low friction liner, and corrective actions if necessary. This new AD revises the requirement for replacing the left and right MLG uplock assemblies by allowing replacement with alternative parts. For a certain MLG uplock assembly, this new AD requires repetitive inspections of the uplock hatch lower jaw for the presence of a wear groove and replacement with an improved part if necessary. For a certain MLG uplock assembly, this new AD requires repetitive inspections of the uplock roller to ensure that it rotates freely and replacement with a new part if necessary. This new AD allows optional replacement of the left and right MLG uplock assemblies with improved parts, which ends the requirements of the AFM revision and repetitive replacement and inspections. This new AD removes airplanes from the applicability. This AD results from development of a terminating action. We are issuing this AD to ensure that the flightcrew has the procedures necessary to address failure of an MLG to extend following a gear-down selection; and to detect and correct such failure, which could result in a gear-up landing and possible injury to passengers and crew.

The FAA is adopting a new airworthiness directive (AD) for DORNIER LUFTFAHRT GmbH Model 228-212 airplanes. This AD requires you to inspect the landing gear carbon brake assembly. This AD results from mandatory continuing airworthiness information (MCAI) issued by the European Aviation Safety Agency (EASA), which is the airworthiness authority for the European Union. We are issuing this AD to inspect the landing gear carbon brake assembly to detect and replace loose bolts or self-locking nuts, which could result in the brake assembly detaching and malfunctioning, degrade brake performance and potentially cause loss of control of the aircraft during landing and roll-out.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 737-600, -700, -700C, -800, and -900 series airplanes. This AD requires testing the electrical resistance of the bond between the bulkhead fitting for the fuel feed line and the front spar of the left and right wings, inspecting an adjacent bonding jumper to make sure it is installed correctly, and performing corrective and other specified actions as applicable. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent arcing or sparking in the fuel tank in the event of a lightning strike, which could result in an uncontrolled fire or explosion.

On January 22, 2007, HUD published in the Federal Register final guidance on ``Federal Financial Assistance Regarding Title VI Prohibition against National Origin Discrimination Affecting Limited English Proficient Persons'' (LEP Final Guidance). This guidance becomes effective on February 21, 2007. This notice announces that HUD will hold a meeting at HUD Headquarters on February 13, 2007, to brief interested members of the public on the LEP Final Guidance and respond to questions about the guidance.