June 2005 – Federal Register Recent Federal Regulation Documents

This document revises an earlier proposed airworthiness directive (AD), applicable to all Airbus Model A330 and A340-200, -300, -500, and -600 series airplanes. That action would have required a one- time inspection of each emergency evacuation slide raft installed on Type ``A'' exit doors equipped with regulator valves having a certain part number to determine if a discrepant regulator valve is installed on the pressure bottle that inflates the slide/raft, and an interim modification of any discrepant valve if necessary. That action also would have required eventual modification of all affected regulator valves, which would have terminated the requirements of the proposed AD. This new action revises the original NPRM by requiring part number identification and a new modification for affected airplanes, removing the one-time inspection and interim modification, and removing certain airplanes from the applicability. The actions specified by this new proposed AD are intended to prevent failure of an emergency evacuation slide raft to deploy and inflate during an emergency situation, which could impede an evacuation and result in injury to passengers or crewmembers. This action is intended to address the identified unsafe condition.

The FAA is superseding an existing airworthiness directive (AD) that applies to all EMBRAER Model EMB-135 and -145 airplanes. The existing AD currently requires repetitive inspections of the electrical connectors of the electric fuel pumps to detect discrepancies, application of anti-corrosion spray, replacement of all fuel pumps with improved fuel pumps, repetitive inspections after all six fuel pumps are replaced, and applicable corrective actions. This new AD retains those requirements but revises the initial compliance time for an inspection for certain airplanes. This new AD is prompted by the need to correct a compliance time in the existing AD. We are issuing this AD to prevent an ignition source in the fuel tank or adjacent dry bay, which could result in fire or explosion.

The FAA proposes to adopt a new airworthiness directive (AD) for certain McDonnell Douglas transport category airplanes. This proposed AD would require an inspection of the torque tube assembly for the rudder pedal for cracking; an inspection of the torque tube assembly to determine the thickness of the torque tube wall, if necessary; and replacing the rudder torque tube with a new or serviceable rudder torque tube, if necessary. This proposed AD is prompted by a report of a broken rudder pedal torque tube. We are proposing this AD to prevent failure of a rudder pedal torque tube, which could result in loss of rudder control and nose wheel steering controlled by the rudder pedal, and consequent reduced controllability of the airplane.

The FAA proposes to supersede an existing airworthiness directive (AD) for certain Boeing Model 727 series airplanes. That AD currently requires repetitive visual inspections for cracking of the forward entry doorway forward frame and repair if necessary. That AD also provides an optional modification that constitutes terminating action. This proposed AD would require adding new post-repair and post- modification inspections for previously repaired or modified airplanes, mandating the optional modification, and adding airplanes to the applicability of the AD. This proposed AD is prompted by reports of cracking of the forward entry doorway forward frame of airplanes previously modified. We are proposing this AD to prevent the loss of the structural integrity of the forward entry doorway due to cracking of the frame at BS 303.9, and consequent cracking of the fuselage skin and rapid decompression of the airplane.

This action terminates the proceeding to establish a marketing agreement and order for hops grown in Washington, Oregon, Idaho and California. The U.S. Department of Agriculture (USDA) held a public hearing in October 2003 to receive evidence on a program proposed by the Hop Marketing Order Proponent Committee (Proponent Committee), a group of industry members in support of an order. The proposed program would have authorized volume control measures in the form of producer allotments to regulate the marketing of alpha acid in hops in the production area. In addition, the proposed order would have allowed for reserve pooling of excess production of alpha acid and would have provided for production research, marketing research and development projects to promote the marketing, distribution and consumption or efficient production of hops. After the hearing sessions, USDA received numerous comments, briefs and additional arguments expressing widely divergent views on the promulgation of a marketing order for hops. After careful consideration of the entire rulemaking record, USDA is unable to conclude that the proposal currently under consideration would tend to effectuate the declared policy of the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.'' Accordingly, USDA is hereby terminating the proceeding.

We are proposing to amend the definition of ``designated seating position'' in the Federal motor vehicle safety standards (FMVSSs), and to establish a new procedure for determining the number of designated seating positions on bench and split bench seats. This document also proposes to apply that procedure to all types of vehicles, regardless of weight, and eliminate the existing exclusion for temporary or folding jump seats. The proposed rule would also revise test procedures for seat belt anchorage requirements so that they are suitable for side-facing, temporary or folding jump seats. NHTSA's goal in proposing these amendments is to improve the objectivity of the ``designated seating position'' definition and thereby facilitate efforts of the agency to ensure that the number of designated seating positions and occupant restraint systems in a vehicle is representative of real world occupancy. The proposed rule would also revise the general incorporation by reference provision for the FMVSSs by providing a centralized index of all matters therein incorporated by reference.

This final rule adopts the Truman Scholarship Foundation [Foundation] Scholar Accountability Policy. This Accountability Policy clarifies and standardizes Foundation rules governing accountability of an individual selected as a Harry S. Truman Scholar [Scholar] to fulfill his or her obligation to become employed in public service. It requires any Scholar who is selected after January 2005 and who is not employed in public service for three of the seven years immediately following completion of his or her Foundation-funded graduate education to repay to the Foundation an amount equal to the Scholarship stipends received, with interest and any costs of collection.

This final rule revises the regulations implementing Section 503 of the Rehabilitation Act of 1973, as amended (Section 503), to give the Office of Federal Contract Compliance Programs (OFCCP) authority to use additional investigative procedures to determine a contractor's compliance with Section 503. In this regard, this rule adopts the ``compliance evaluation approach'' that is incorporated in the regulations implementing Executive Order 11246, as amended, and the affirmative action provisions of the Vietnam Era Veterans' Readjustment Assistance Act, as amended (VEVRAA), respectively. In addition, this final rule revises the compliance check procedure found in the current Executive Order 11246 and VEVRAA implementing regulations. The compliance check is one of the four investigative procedures currently used by OFCCP to determine a contractor's compliance with Executive Order 11246 and the affirmative action provisions of VEVRAA. This final rule makes a few other minor and non- substantive revisions to the regulations in 41 CFR Parts 60-1, 60-250, and 60-741.

The FAA adopts an airworthiness directive to supersede AD 93- 24-14 applicable to all The New Piper Aircraft, Inc. (Piper) PA-34 series airplanes. This AD results from many service difficulty reports related to the collapse of the nose landing gear (NLG). Consequently, this AD retains the actions required in AD 93-24-14, requires you to inspect the NLG and components of the NLG using new procedures for rigging the nose gear installation, and requires you to replace unserviceable parts. We are issuing this AD to detect, correct, and prevent failure in certain components of the NLG, lack of cleanliness of the NLG due to inadequate maintenance, or lack of lubricant in the NLG or NLG components. This failure of the NLG could lead to loss of control of the airplane during take-off, landing, or taxiing operations.

The FAA is superseding an existing airworthiness directive (AD) for Hoffmann Propeller GmbH & Co KG Models HO-V343 and HO-V343K propellers. That AD currently requires initial and repetitive visual inspections of propeller blades for blade shake and blade nut preload. That AD also requires initial and repetitive eddy current inspections of blade hubs for damage and cracks. This AD requires an ultrasonic inspection of the propeller hub and an eddy current inspection of the propeller hub if any cracks are discovered during ultrasonic inspection. Additionally, this AD requires sending a hub inspection report to the manufacturer. This AD also requires replacement of the propeller if any signs of blade shake, cracks, or other damage to the propeller hub outside serviceable limits are detected during the inspections. This AD results from the discovery of a propeller blade separation due to a possible hub failure. We are issuing this AD to prevent propeller hub failure and blade separation due to an unknown root cause, leading to damage and possible loss of control of the airplane.

This provides notice of the Federal Subsistence Board's in- season management actions to protect sockeye salmon escapement in the Copper River, while still providing for a subsistence harvest opportunity and to provide for a more efficient harvest method for chinook salmon in the Stikine River. The revised fishing schedule for the Chitina Subdistrict of the Copper River and net mesh size revision will provide an exception to the Subsistence Management Regulations for Public Lands in Alaska, published in the Federal Register on March 21, 2005. Those regulations established seasons, harvest limits, methods, and means relating to the taking of fish and shellfish for subsistence uses during the 2005 regulatory year.

The FAA is adopting a new airworthiness directive (AD) for all BAE Systems (Operations) Limited (Jetstream) Model 4101 airplanes. This AD requires the overhaul of certain auxiliary components installed on the main landing gear (MLG) and nose landing gear (NLG). This AD is prompted by manufacturer determination that overhaul limits need to be imposed for certain auxiliary components of the MLG and NLG. Components that exceed the established overhaul limits could fail due to fatigue, wear, and age. We are issuing this AD to prevent failure of the MLG or NLG, and consequent damage to the airplane and injury to flightcrew and passengers.

This action proposes to establish three area navigation (RNAV) routes in Southwestern and South Central United States in support of the High Altitude Redesign (HAR) program. The FAA is proposing this action to enhance safety and to improve the efficient use of the navigable airspace.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 747-400F series airplanes. This AD requires initial detailed and open-hole high frequency eddy current inspections for cracking of the web, upper chord, and upper chord strap of the upper deck floor beams, and repair of any cracking. This AD also requires a preventive modification of the upper deck floor beams, and repetitive inspections for cracking after accomplishing the modification. This AD is prompted by reports of fatigue cracking found on the upper deck floor beam to frame attachment points. We are issuing this AD to prevent fatigue cracks in the upper chord, upper chord strap, and the web of the upper deck floor beams and resultant failure of the floor beams. Failure of a floor beam could result in damage to critical flight control cables and wire bundles that pass through the floor beam, and consequent loss of controllability of the airplane. Failure of the floor beam also could result in the failure of the adjacent fuselage frames and skin, and consequent rapid decompression of the airplane.

NMFS proposes revisions to the guidelines for National Standard 1 (NS1) of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). This action is necessary to clarify, amplify, and simplify the guidelines so that the Regional Fishery Management Councils (Councils) and the public can have a better understanding of how to establish status determination criteria (SDC) for stocks that vary in quality of available data, and how to construct and revise rebuilding plans. The intent of this action is to facilitate compliance with requirements of the Magnuson-Stevens Act.

This rule amends the Department's regulations concerning visa ineligibility for aliens who vote unlawfully. We are amending the regulations to comply with the provisions of the Child Citizenship Act of 2000.

NMFS announces that it has approved the request of the State of Rhode Island to transfer 50,186 lb (22,764 kg) of commercial summer flounder quota to the States of Maine, Connecticut, New York, Delaware, and Maryland, and the Commonwealth of Massachusetts, in accordance with the Atlantic States Marine Fisheries Commission (ASMFC) Addendum XV to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP). In addition, NMFS is revising commercial summer flounder quota numbers for the States of North Carolina and Maryland from those published in a previous Addendum XV transfer. By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved.

Among other changes to patent and trademark fees, the Consolidated Appropriations Act, 2005 (Consolidated Appropriations Act), splits the patent application filing fee into a separate filing fee, search fee and examination fee. The Consolidated Appropriations Act also provides that the United States Patent and Trademark Office (Office) may refund part or all of the excess claim fee and the search fee in certain situations. This notice proposes changes to the rules of practice to implement the provisions for refunding the search fee for applicants who file a written declaration of express abandonment before an examination has been made of the application.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to require past performance evaluation of certain orders, and to ensure that subcontracting management is addressed during evaluation of a contractor's past performance.

The FAA is adopting a new airworthiness directive (AD) for General Electric Company (GE) CT64-820-4 turboprop engines with stage 1 turbine disk and shaft, part number (P/N) 6004T47P03 or 4921T10P02 installed. This AD requires removing from service these stage 1 turbine disk and shafts at reduced compliance times. This AD results from the discovery by the manufacturer of low-cycle-fatigue (LCF) cracks found in stage 1 turbine disk and shafts, P/Ns 6004T47P03 and 4921T10P02. We are issuing this AD to prevent uncontained failure of the stage 1 turbine disk and shaft, resulting in damage to the airplane.

Base (1% annual chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

Modified Base (1% annual chance) Flood Elevations (BFEs) are finalized for the communities listed below. These modified elevations will be used to calculate flood insurance premium rates for new buildings and their contents.

This provides notice of the Federal Subsistence Board's in- season management actions to protect sockeye salmon escapement in the Copper River, while still providing for a subsistence harvest opportunity. The fishing schedules and closures will provide an exception to the Subsistence Management Regulations for Public Lands in Alaska, published in the Federal Register on March 21, 2005. Those regulations established seasons, harvest limits, methods, and means relating to the taking of fish and shellfish for subsistence uses during the 2005 regulatory year.

The FAA is adopting a new airworthiness directive (AD) for Rockwell International (Aircraft Specification No. A-2-575 previously held by North American and recently purchased by Boeing) Models AT-6 (SNJ-2), AT-6A (SNJ-3), AT-6B, AT-6C (SNJ-4), AT-6D (SNJ-5), AT-6F (SNJ-6), BC-1A, SNJ-7, and T-6G airplanes; and Autair Ltd. (Aircraft Specification No. AR-11 previously held by Noorduyn Aviation Ltd.) Model Harvard (Army AT-16) airplanes. This AD contains the same information as emergency AD 2005-12-51 and publishes the action in the Federal Register. It requires immediate and repetitive inspections of the inboard and outboard, upper and lower wing attach angles (except for the nose angles) of both wings for fatigue cracks; and, if any crack is found, replacement of the cracked angle with a new angle. This AD is the result of a report of a Rockwell International Model SNJ-6 (AT-6F) airplane crash that occurred on May 9, 2005, resulting in two fatalities. We are issuing this AD to detect and correct any fatigue crack in the inboard and outboard, upper and lower wing attach angles (except for the nose angles) of either wing, which could result in failure of the wing. This failure could lead to loss of control of the aircraft.

These special conditions are issued to AMSAFE, Inc. for the installation of an AMSAFE, Inc., Inflatable Four-Point Restraint Safety Belt with an Integrated Airbag Device on the Adam Model A500. These airplanes, as modified by the installation of this Inflatable Safety Belt, will have novel and unusual design features associated with the upper-torso restraint portions of the four-point safety belt, which contains an integrated airbag device. 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.