December 2009 – Federal Register Recent Federal Regulation Documents

This document corrects technical errors that appeared in the final rule with comment period found in the Federal Register (FR) on November 20, 2009, entitled ``Medicare Program: Changes to the Hospital Outpatient Prospective Payment System and CY 2010 Payment Rates; Changes to the Ambulatory Surgical Center Payment System and CY 2010 Payment Rates.''

This rule establishes a Special Air Traffic Rule (SATR) in the vicinity of Luke Air Force Base (Luke) which requires aircraft operating under visual flight rules (VFR) to establish two-way radio communication with the Luke Radar Approach Control (RAPCON) prior to entering the SATR area and maintain communication while operating in the area. The SATR is active during official daylight hours Monday through Friday while Luke pilot flight training is underway, as broadcast on the local Automatic Terminal Information Service (ATIS), and other times by Notice to Airmen (NOTAM). This action is necessary

Section 106 of the Department of Housing and Urban Development Reform Act of 1989 (the HUD Reform Act) requires HUD to publish quarterly Federal Register notices of all regulatory waivers that HUD has approved. Each notice covers the quarterly period since the previous Federal Register notice. The purpose of this notice is to comply with the requirements of section 106 of the HUD Reform Act. This notice contains a list of regulatory waivers granted by HUD during the period beginning on July 1, 2009 and ending on September 30, 2009.

The Department of Veterans Affairs (VA) is proposing to amend its regulations governing grants to States for the establishment, expansion, and improvement of State veterans cemeteries (Establishment, Expansion, and Improvement Projects). We propose to implement through regulation new statutory authority to provide grants for the operation and maintenance of State veterans cemeteries (Operation and Maintenance Projects), as authorized by the Dr. James Allen Veteran Vision Equity Act of 2007 (the Act), enacted on December 26, 2007. The Act expands VA authority to provide grants to States for operating and maintaining State veterans cemeteries and limits to $5 million the aggregate amount of such grants VA may award in any fiscal year. The Act requires that VA prescribe regulations implementing the new authority within 180 days of enactment. VA proposes to amend its regulations to outline the process, the criteria, and the priorities relating to the award of these Operation and Maintenance Project grants. The proposed rule would also revise part 39 by changing the arrangement and numbering of the current regulatory sections, updating the references to various codes, incorporating some non-substantive changes to the regulations, and removing specific forms from this part that are available at https:// www.cem.va.gov/cem/scg_grants.asp.

Pursuant to the authorities in the Federal Advisory Committee Act (Pub. L. 92-463) and under the Secure Rural Schools and Community Self-Determination Act of 2000, as amended, (Pub. L. 110-343), the Boise and Payette National Forests' Southwest Idaho Resource Advisory Committee will conduct a business meeting. The meeting is open to the public.

The USDA, Forest Service, will prepare an environmental impact statement (EIS) on a proposed action to promote development of large tree structural conditions and to improve forest health and fuel conditions within the 26,500-acre Ogden Landscape planning area. The planning area is located to the west of and adjacent to the Newberry National Volcanic Monument and to private lands to the east of State Highway 97, south of Forest road 9735 and north of Forest road 22. The planning area is all within public lands managed by the Deschutes National Forest. An analysis has been initiated that takes a landscape approach to managing the vegetation to meet objectives for resilient forest, fuels and fire behavior, and wildlife habitat. Methods that would be used to reduce tree density and hazardous fuels are: Non- commercial and commercial thinning, mechanical shrub treatment, and prescribed burning. The alternatives will include the proposed action, no action, and, if necessary, additional alternatives that respond to issues generated through the scoping process. The agency will give notice of the full environmental analysis and decision-making process so interested and affected public may participate and contribute to the final decision.

The Forest Service will prepare an Environmental Impact statement (EIS) to disclose the environmental effects of commercial and non-commercial vegetation management, prescribed burning, and watershed improvement activities which include intermittent stored service work or decommissioning of system roads. Access management changes and other design features are also included to protect resources and facilitate management activities. The project is located in the Lake and Spar planning subunits on the Three Rivers Ranger District, Kootenai National Forest, Lincoln County, Montana, south of Troy, Montana.

On December 9, 2009, the Office of Science and Technology Policy (OSTP) within the Executive Office of the President, published a notice requesting input from the community regarding enhancing public access to archived publications resulting from research funded by Federal science and technology agencies. That notice stated that the RFI would be active from December 10, 2009 to January 7, 2010. The purpose of this document is to extend that comment period to allow comments until January 21, to accommodate potential respondents who may find it difficult to complete their responses by the original deadline because of the intervening holidays. Respondents are invited to respond online via the Public Access Policy Forum at https://www.whitehouse.gov/open, or may submit responses via electronic mail. Responses will be re-posted on the online forum. Instructions and a timetable for daily blog topics during this period are described at https://www.whitehouse.gov/open.

We are adopting a new airworthiness directive (AD) for certain Model MD-11 and MD-11F airplanes. This AD requires a one-time inspection to determine if wires touch the upper surface of the center upper auxiliary fuel tank and marking the location, if necessary; a one-time inspection of all wire bundles above the center upper auxiliary fuel tank for splices and damage; a one-time inspection for damage to the fuel vapor barrier seal and upper surface of the center upper auxiliary fuel tank; and corrective actions, if necessary. This AD also requires installation of nonmetallic barrier/shield sleeving, new clamps, new attaching hardware, and a new extruded channel. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to reduce the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.

We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated 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:

The FAA is superseding an existing airworthiness directive (AD), which applies to certain Model DC-10-10, DC-10-10F, DC-10-15, DC- 10-30, DC-10-30F (KC-10A and KDC-10), DC-10-40, and DC-10-40F airplanes. That AD currently requires installing or replacing with improved parts, as applicable, the bonding straps between the metallic frame of the fillet and the wing leading edge ribs, on both the left and right sides of the airplane. This new AD revises the applicability by adding and removing certain airplanes. This new AD requires, for certain airplanes, repositioning or replacing two bonding straps, and doing a bonding-resistance check and an inspection to determine correct installation of certain bonding straps, and applicable corrective actions. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to reduce the potential of ignition sources inside fuel tanks in the event of a severe lightning strike, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.

The Department of the Army announces the availability of an FEIS that analyzes environmental and socioeconomic impacts resulting from expanding testing and training capabilities at WSMR. The FEIS analyzes the impacts of land use changes that provide for expanded off- road maneuver and facilities to support new testing and training requirements associated with increased Brigade Combat Team (BCT) modernization (formerly known as Future Combat Systems) testing (preferred alternative) and the stationing of a Heavy Brigade Combat Team (HBCT) (or comparable unit) of approximately 3,800 Soldiers. On June 2, 2009, the Secretary of the Army announced a decision not to station an HBCT at WSMR in 2013; however, it was decided to retain the analysis in this FEIS to support implementation of potential future stationing decisions.

This action changes the airport name for the Myrtle Beach, SC, Class E airspace area from Myrtle Beach AFB, to Myrtle Beach International Airport. This action also will update the geographic coordinates of the airports within the controlled airspace.