March 2007 – Federal Register Recent Federal Regulation Documents

EPA is proposing to approve Wisconsin's April 25, 2006, submittal of a source specific revision to revise its State Implementation Plan (SIP) for the control of volatile organic compounds. Wisconsin held a public hearing on the submittal on February 1, 2005. The revision consists of language contained in an Administrative Decision, dated February 24, 2005, approving an equivalent control system to meet reasonably available control technology emission control requirements for Cook Composites and Polymers Company located in Saukville, Wisconsin, in Ozaukee County.

The FAA is superseding an existing airworthiness directive (AD), which applies to certain Airbus Model A330-300 airplanes. That AD currently requires reinforcement of the structure of the center fuselage by installing external stiffeners (butt straps) at frame (FR) 53.3 on the fuselage skin between left-hand (LH) and right-hand (RH) stringer (STR) 13, and related investigative and corrective actions. This new AD requires additional reinforcement of the structure of the center fuselage by installing external stiffeners (butt straps) at frame FR53.3 on the fuselage skin between LH and RH STR13, and related investigative and other specified actions. This AD also adds airplanes to the applicability. This AD results from cracking found at the circumferential joint of FR53.3. We are issuing this AD to prevent fatigue cracking of the fuselage, which could result in reduced structural integrity of the fuselage.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus airplane models, as specified above. This AD requires installing electro-pneumatic locking bar devices (TRAS lock systems) in the engine nacelles, installing a dedicated and shielded electrical circuit that is segregated from the existing thrust reverser control system, and performing related investigative/corrective actions if necessary. This AD results from the manufacturer's reassessment of the thrust reverser systems in the Airbus airplane models specified above, which showed that the thrust reverser could inadvertently deploy in flight under certain conditions. We are issuing this AD to prevent inadvertent deployment of thrust reversers in flight, which could result in reduced controllability 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) 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:

This action proposes to revise Class E airspace at Kodiak, AK. Four Standard Instrument Approach Procedures (SIAPs) are being amended for the Kodiak Airport. A Standard Instrument Departure (SID) and a Departure Procedure (DP) are also being amended. Adoption of this proposal would result in revision of existing Class E airspace upward from the surface and from 700 feet (ft.) and 1,200 ft. above the surface at Kodiak Airport, Kodiak, AK.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to update the procedures for the acceptance of a bond with a security interest in real property.

NMFS proposes recreational management measures for the 2007 summer flounder, scup, and black sea bass fisheries. The implementing regulations for these fisheries require NMFS to publish recreational measures for the upcoming fishing year and to provide an opportunity for public comment. The intent of these measures is to prevent overfishing of the summer flounder, scup, and black sea bass resources.

This document corrects the dates and addresses captions in a request for comments published in the Federal Register of February 27, 2007 (72 FR 8664), regarding the acquisition of new and updated manufacturers' future product plans to aid in implementing the President's plan for reforming and increasing corporate average fuel economy (CAFE) standards for passenger cars and further increasing the already reformed light truck standards. The DATES caption did not include the correct date for submission of light truck product plans, and the addresses caption did not include a complete docket number.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Airbus Model A330-200, A330-300, A340-200, and A340-300 series airplanes; and Model A340-541 and -642 airplanes. The existing AD currently requires repetitively resetting the display units (DUs) for the electronic instrument system (EIS), either by switching them off and back on again or by performing a complete electrical shutdown of the airplane. This proposed AD would require installing new software, which would end the actions required by the existing AD. This proposed AD also would add additional airplanes that may be placed on the U.S. Register in the future. This proposed AD results from an incident in which all of the DUs for the EIS went blank simultaneously during flight. We are proposing this AD to prevent automatic reset of the DUs for the EIS during flight and consequent loss of data from the DUs, which could reduce the ability of the flightcrew to control the airplane during adverse flight conditions.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Boeing Model 747 airplanes. The existing AD currently requires repetitive inspections to detect cracks and/or corrosion of the girt bar support fitting at certain main entry doors (MED), and repair or replacement of the support fitting. The existing AD also provides for various terminating actions for the repetitive inspections. This proposed AD would require the following additional actions: An inspection, for certain airplanes, for correct installation of square and conical washers in the girt bar support fitting; an inspection, for certain other airplanes, to determine if the washers are installed; and related investigative and corrective action if necessary. This proposed AD results from a report that the square and conical washers may be installed incorrectly in the girt bar support fitting on airplanes on which the support fitting was repaired or replaced in accordance with the requirements of the existing AD. We are proposing this AD to detect and correct corrosion of the girt bar support fitting, which could result in separation of the escape slide from the lower door sill during deployment, and subsequently prevent proper operation of the escape slides at the main entry doors during an emergency. We are also proposing this AD to detect and correct incorrect installation of the square and conical washers in the girt bar support fitting, which could result in failure of the escape slide when deployed.

The Office of Personnel Management (OPM) is issuing proposed regulations clarifying representative rate as used in OPM's retention regulations. These regulations clarify how an agency determines employees' retention rights when the agency has positions in one or more pay bands. These regulations also clarify the order in which an agency releases employees from a competitive level. Finally, these regulations clarify how an agency determines employees' retention rights when a competitive area includes more than one local commuting area.

The Office of Personnel Management is issuing final regulations to amend a number of rules on pay and leave administration, including employment in the Senior Executive Service, use of paid leave during uniformed service, time limits for using compensatory time off earned in lieu of overtime pay, and other miscellaneous changes. The final regulations are being issued to standardize pay and leave policies in support of the consolidation of agency human resources and payroll systems.

In this document, the Bureau of Prisons (Bureau) revises its regulations on the suicide prevention program for clarity and to remove agency management procedures which do not need to be stated in regulations. We intend the revised regulations to provide for the health and safety of inmates.

This final rule clarifies and explains the procedures to be followed by requesters seeking a waiver or a reduction of fees under the Freedom of Information Act (FOIA). This final rule describes the information that must be included in a FOIA request and the demonstrations that must be made in order for a waiver or reduction of fees to be granted. This final rule also revises the FOIA fee schedule, clarifies the time at which HUD will begin processing a FOIA request, and modifies HUD's policy on the use of outside contractors to fulfill FOIA requests. HUD undertook this effort in order to make the regulations governing fee waivers more informative and helpful in accordance with the President's recently issued Executive Order 13392, ``Improving Agency Disclosure of Information.'' This final rule also makes technical and conforming changes to reflect the realignment of FOIA correspondence processing functions within HUD, to correct HUD's definition of ``representative of the news media requester'' to ensure conformance with the Office of Management and Budget (OMB) Fee Guidelines, and to update a cross-reference to time limits applicable to HUD for responding to a FOIA request. This final rule follows publication of an October 5, 2006, proposed rule on which HUD received one public comment.

The Pension Benefit Guaranty Corporation's regulations on Benefits Payable in Terminated Single-Employer Plans and Allocation of Assets in Single-Employer Plans prescribe interest assumptions for valuing and paying benefits under terminating single-employer plans. This final rule amends the regulations to adopt interest assumptions for plans with valuation dates in April 2007. Interest assumptions are also published on the PBGC's Web site (https://www.pbgc.gov).

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule temporarily suspending order provisions that require continuance referenda to be conducted for the nectarine and peach marketing orders during winter 2006-07. This rule enables USDA to postpone conducting the continuance referenda until the industry has had sufficient time to evaluate the effects of recent amendments to the marketing orders. Temporary suspension of the continuance referenda should also minimize confusion during the current committee nomination period, which overlaps with the scheduled referenda period.

The Federal Aviation Administration (FAA) is making minor technical changes to update references to various types of commercial operators within the drug and alcohol testing regulations. In the final rule, ``National Air Tour Safety Standards'' (Air Tours) published on February 13, 2007, we changed the regulatory sections that referred to sightseeing operators that did not hold a certificate but that continued to be subject to drug and alcohol testing requirements. In addition, this technical amendment updates other references in the drug and alcohol testing regulations including addresses. The intent of this amendment is to avoid confusion created by inconsistent terms and references within the FAA's regulations.

The FAA is superseding an existing airworthiness directive (AD), which applies to certain Boeing Model 737-600, -700, -700C, and - 800 series airplanes. That AD currently requires replacing the point ``D'' splice fitting between windows number 1 and 2 with a new splice fitting; performing an eddy current inspection for cracking of the holes in the structure common to the new splice fitting, including doing any related investigative actions; and performing corrective actions if necessary. This new AD adds repetitive inspections for cracking of the skin just below each splice fitting, and related corrective actions if necessary. This AD results from full-scale fuselage fatigue testing on the splice fitting that failed prior to the design objective on Boeing Model 737-800 series airplanes, and a report of a cracked splice fitting on an operational airplane. We are issuing this AD to prevent cracking of the existing fitting, which may result in cracking through the skin and consequent decompression of the flight deck.

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 Department of the Army proposes to amend its regulation concerning law enforcement reporting. The regulation prescribes policies and procedures on preparing, reporting, using, retaining, and disposing of Military Police Reports. The regulation prescribes policies and procedures for offense reporting and the release of law enforcement information.

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 two fatigue failures of flap carriage rollpins that occurred on in-service airplanes. We are issuing this AD to require actions to correct the unsafe condition on these products.

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 airworthiness authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as an incomplete discharge of the extinguishing agent in the fire zone, which could lead, in the worst case, in combination with an engine fire, to a temporary uncontrolled engine fire. We are issuing this AD to require actions to correct the unsafe condition on these products.

The Federal Energy Regulatory Commission is amending the regulations and the pro forma open access transmission tariff adopted in Order Nos. 888 and 889 to ensure that transmission services are provided on a basis that is just, reasonable and not unduly discriminatory or preferential. The final rule is designed to: Strengthen the pro forma open-access transmission tariff, or OATT, to ensure that it achieves its original purpose of remedying undue discrimination; provide greater specificity to reduce opportunities for undue discrimination and facilitate the Commission's enforcement; and increase transparency in the rules applicable to planning and use of the transmission system.

This action revises Class E airspace at Red Dog, AK. Two new Area Navigation (RNAV) Required Navigation Performance (RNP) Special Instrument Approach Procedures (SIAPs) and an RNAV RNP Special Departure Procedure (DP) are being developed for the Red Dog Airport. This rule results in the revision of Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface near the Red Dog Airport, Red Dog, AK.

The Environmental Protection Agency (EPA) proposes to approve a request from the State of New Jersey to revise its State Implementation Plan (SIP) for ozone to incorporate state-adopted amendments to Subchapter 19 ``Control and Prohibition of Air Pollution from Oxides of Nitrogen'' and related amendments to Subchapter 16 ``Control and Prohibition of Air Pollution by Volatile Organic Compounds.'' The amendments relate to the control of oxides of nitrogen (NOX) emissions from stationary industrial sources. This SIP revision consists of control measures needed to meet the shortfall in emission reductions in New Jersey's 1-hour ozone attainment demonstration SIP as identified by EPA. The intended effect of this proposed rule is to approve the state control strategy, which will result in emission reductions that will help achieve attainment of the national ambient air quality standards for ozone required by the Clean Air Act (the Act).