April 2007 – Federal Register Recent Federal Regulation Documents

The FAA is superseding an existing airworthiness directive (AD) for General Electric Company (GE) CF34-1A, -3A, -3A1, -3A2, -3B, and -3B1 turbofan engines. That AD requires a onetime inspection of certain fan disks for electrical arc-out indications, replacing fan disks with electrical arc-out indications, and reducing the life limit of certain fan disks. This AD requires the same reduced life limit of certain fan disks, but requires on-wing inspection of certain fan disks installed on regional jets within 500 flight hours after the effective date of this AD. This AD also requires more enhanced shop-level inspections of all fan disks for electrical arc-out defects. This AD results from a report that in January 2007, a CF34-3B1 turbofan engine experienced an uncontained fan disk failure during flight operation. We are issuing this AD to prevent an uncontained fan disk failure and airplane damage.

The Office of Government Ethics is removing obsolete regulatory provisions in its executive branch outside earned income restrictions and ethical conduct standards regulations that were designed to implement the statutory provision regarding charitable payments made in lieu of honoraria, which is no longer legally operative. In addition, OGE is removing a related provision in the branchwide financial disclosure regulation regarding supplemental confidential reporting for such payments. Finally, OGE is making a few technical conforming amendments to reflect these changes.

The Federal Aviation Administration (FAA) is amending its commercial space transportation regulations under the Commercial Space Launch Amendments Act of 2004. The FAA is establishing application requirements for an operator of a manned or unmanned reusable suborbital rocket to obtain an experimental permit. The FAA is also establishing operating requirements and restrictions on launch and reentry of reusable suborbital rockets operated under a permit.

We are clarifying information contained in Airworthiness Directive (AD) 2007-06-01, which supersedes AD 62-24-01 and applies to all Raytheon Aircraft Company (RAC) Beech Models 45 (YT-34), A45 (T- 34A, B45), and D45 (T-34B) airplanes. AD 2007-06-01 currently requires you to repetitively inspect, using the eddy current method, the front and rear horizontal stabilizer spars for cracks and replace any cracked stabilizer. We inadvertently left out the language in this AD that required replacement of any horizontal stabilizer spar found cracked prior to further flight although the procedures in the appendix made reference to corrective action. The replacement information was contained in the notice of proposed rulemaking (NPRM). This document adds this information already proposed back into the AD. We are issuing this AD to prevent failure of the front and/or rear horizontal stabilizer spars caused by fatigue cracks. This failure could result in stabilizer separation and loss of control of the airplane.

As part of a comprehensive plan for reducing the serious risk of rollover crashes and the risk of death and serious injury in those crashes, this document establishes a new Federal motor vehicle safety standard (FMVSS) No. 126 to require electronic stability control (ESC) systems on passenger cars, multipurpose passenger vehicles, trucks, and buses with a gross vehicle weight rating of 4,536 Kg (10,000 pounds) or less. ESC systems use automatic computer-controlled braking of individual wheels to assist the driver in maintaining control in critical driving situations in which the vehicle is beginning to lose directional stability at the rear wheels (spin out) or directional control at the front wheels (plow out). Preventing single-vehicle loss-of-control crashes is the most effective way to reduce deaths resulting from rollover crashes. This is because most loss-of-control crashes culminate in the vehicle leaving the roadway, which dramatically increases the probability of a rollover. Based on the best available data, drawn from crash data studies, NHTSA estimates that the installation of ESC will reduce single-vehicle crashes of passenger cars by 34 percent and single vehicle crashes of sport utility vehicles (SUVs) by 59 percent, with a much greater reduction of rollover crashes. NHTSA estimates that ESC has the potential to prevent 71 percent of the passenger car rollovers and 84 percent of the SUV rollovers that would otherwise occur in single-vehicle crashes. NHTSA estimates that ESC would save 5,300 to 9,600 lives and prevent 156,000 to 238,000 injuries in all types of crashes annually once all light vehicles on the road are equipped with ESC systems. The agency further anticipates that ESC systems would substantially reduce (by 4,200 to 5,500) the more than 10,000 deaths each year on American roads resulting from rollover crashes. Manufacturers equipped about 29 percent of model year (MY) 2006 light vehicles sold in the U.S. with ESC, and intend to increase the percentage to 71 percent by MY 2011. This rule requires installation of ESC in 100 percent of light vehicles by MY 2012 (with exceptions for some vehicles manufactured in stages or by small volume manufacturers). Once all light vehicles in the fleet have ESC, of the overall projected annual 5,300 to 9,600 highway deaths and 156,000 to 238,000 injuries prevented by stability control systems installed either voluntarily or under this rulemaking, we would attribute 1,547 to 2,534 prevented fatalities (including 1,171 to 1,465 involving rollover) to this rulemaking, in addition to the prevention of 46,896 to 65,801 injuries by increasing the percentage of light vehicles with ESC from 71 percent to 100 percent.

The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to incorporate by reference the 2004 Edition of Section III, Division 1 and Section XI, Division 1 of the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code (BPV Code) and the 2004 Edition of the ASME Code for Operation and Maintenance of Nuclear Power Plants (OM Code) to provide updated rules for constructing and inspecting components and testing pumps, valves, and dynamic restraints (snubbers) in light-water nuclear power plants. NRC also proposes to require the use of ASME Code Cases N-722 and N- 729-1, both with conditions, and to remove certain obsolete requirements specified in Sec. 50.55a. This action is in accordance with the NRC's policy to periodically update the regulations to incorporate new editions and addenda of the ASME Codes by reference and is intended to maintain the safety of nuclear reactors and make NRC activities more effective and efficient.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to all Airbus Model A318-100, A319-100, A320-200, A321-100, and A321-200 series airplanes, and Model A320-111 airplanes. The existing AD currently requires an inspection to determine whether certain braking and steering control units (BSCUs) are installed or have ever been installed. For airplanes on which certain BSCUs are installed or have ever been installed, the existing AD requires an inspection of the nose landing gear (NLG) upper support and corrective action if necessary, and a check of the NLG strut inflation pressure and an adjustment if necessary. For some of these airplanes, the existing AD also requires a revision to the aircraft flight manual to incorporate an operating procedure to recover normal steering in the event of a steering failure. This proposed AD would require repetitive inspections of the NLG upper support, and related investigative/corrective actions in accordance with new service information; and would remove the one-time inspection that was required by the existing AD. This proposed AD also would provide an optional terminating action for the repetitive inspections. This proposed AD results from a report of an incident where an airplane landed with the NLG turned 90 degrees from centerline, and from additional reports of NLG upper support anti-rotation lugs rupturing in service. We are proposing this AD to prevent landings with the NLG turned 90 degrees from centerline, which could result in reduced controllability of the airplane.

The Coast Guard proposes to revise the existing regulated navigation area (RNA) for the Lower Mississippi River (LMR) mile marker (MM) 233.9 through South and South West Passes by establishing mandatory check-in procedures for vessels transiting on the waters of the Mississippi River between (MM) 167.5 LMR and 187.9 LMR. This proposed rule is needed to minimize the risk of collisions, allisions, and groundings occurring as a result of vessels meeting unanticipated traffic in the vicinity of 81 Mile Point, MM 178 LMR. This proposed rule would require vessels, subject to the Bridge to Bridge Radiotelephone Act (33 United States Code 26) to notify Vessel Traffic Center Lower Mississippi River, New Orleans (VTC New Orleans) prior to entering or getting underway in this section of the RNA.

This technical amendment corrects a final rule published in the Federal Register on August 11, 2006 (71 FR 46076), Docket No. FAA- 2006-25153, Airspace Docket No. 06-AWP-10. In that rule, the reference to FAA Order 7400.9 was published as FAA Order 7400.9N. The correct reference is FAA Order 7400.9P. Also, the corresponding dates that refer to the Order should state ``* * * September 1, 2006, and effective September 15, 2006 * * *'', instead of ``* * * September 1, 2005, and effective September 15, 2005''. This technical amendment corrects those errors.

This technical amendment corrects a final rule published in the Federal Register on August 1, 2006 (71 FR 43355), Docket No. FAA- 2006-24858, Airspace Docket No. 06-ASO-8. In that rule, the reference to FAA Order 7400.9 was published as FAA Order 7400.9N. The correct reference is FAA Order 7400.9P. Also, the corresponding dates that refer to the Order should state ``* * * September 1, 2006, and effective September 15, 2006 * * *'' instead of ``* * * September 1, 2005, and effective September 16, 2005''. This technical amendment corrects those errors.

This technical amendment corrects a final rule published in the Federal Register on August 1, 2006 (71 FR 43354), Docket No. FAA- 2006-23866, Airspace Docket No. 06-ASO-3. In that rule, the reference to FAA Order 7400.9 was published as FAA Order 7400.9N. The correct reference is FAA Order 7400.9P. Also, the corresponding dates that refer to the Order should state ``* * * September 1, 2006, and effective September 15, 2006 * * *'' instead of ``* * * September 1, 2005, and effective September 16, 2005''. This technical amendment corrects those errors.

This technical amendment corrects a final rule published in the Federal Register on July 18, 2006 (71 FR 40651), Docket No. FAA- 2006-24243, Airspace Docket No. 067-AWP-11. In that rule, the reference to FAA Order 7400.9 was published as FAA Order 7400.9N. The correct reference is FAA Order 7400.9P. Also, the corresponding dates that refer to the Order should state ``* * * September 1, 2006 and effective September 15, 2006 * * *'' instead of ``* * * September 1, 2005, and effective September 16, 2005''. This technical amendment corrects those errors.

Through this action, the Rural Housing Service (RHS) is proposing to amend its regulation to change the requirements of the Reserve Account for the Sections 514/516 Farm Labor Housing program and the Section 515 Rural Rental Housing (RRH) program. The intended effect of this action is to address reserve account requirements of new construction rental housing funded under Sections 514/516 and Section 515 and does not affect reserve accounts for existing portfolios.

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:

We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed 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 adopting a new airworthiness directive (AD) for all Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ airplanes. This AD requires modifying the forward and aft auxiliary fuel tanks. This AD results from a fuel system reassessment according to SFAR 88 criteria, which revealed the possibility of sparks due to chafing between the harnesses of the forward and aft auxiliary fuel tanks, between certain harnesses attached to the aircraft structure, or between certain harnesses attached to certain mechanical components. We are issuing this AD to prevent a potential ignition source inside a fuel tank, which, in combination with flammable fuel vapors, could result in a fuel tank explosion.

On December 16, 2005, the Commission issued a Final Rule amending the accounting and financial reporting requirements for public utilities. The Commission is issuing a notice correcting certain plant- related line references in one of its schedules for FERC Form No. 1 and correcting the quarterly and annual designations for three other schedules that were all included in Appendix B of the order.

In order to encourage the self-reporting of violations about which the Commission would not otherwise have learned, the Commission will generally offer penalties between 25% and 75% lower than the Commission would otherwise have sought in identical matters arising by other means. The Commission will also use a new expedited procedure through which the Commission may allow individuals and organizations that self-report violations and that make a complete report of their internal investigation to proceed directly into conciliation prior to the Commission determining whether their conduct may have violated statutes or regulations within its jurisdiction. This policy also addresses various issues that can arise in connection with parallel criminal, administrative or civil proceedings.

The Department of Veterans Affairs (VA) adopts this final rule to amend the regulations governing various aspects of the education program VA administers. The final rule includes provisions for the payment of educational assistance under Survivors' and Dependents' Educational Assistance, the Post-Vietnam Era Veterans' Educational Assistance Program, and the Montgomery GI BillActive Duty (MGIB) for the cost of taking tests for licensure or certification; provisions for the payment of MGIB to individuals on active duty for the difference between the portion of tuition and expenses covered by off-duty military tuition assistance programs and the actual charges made by educational institutions; provisions regarding VA's duty to assist claimants filing claims for educational assistance under the education programs VA administers; and nonsubstantive changes for the purpose of clarity, technical changes, or restatements of statutory provisions.

The Departments of Commerce and the Interior (the Departments) amend their regulations governing watch duty-exemption allocations and the watch and jewelry duty-refund benefits for producers in the United States insular possessions (the U.S. Virgin Islands, Guam, American Samoa and the Commonwealth of the Northern Mariana Islands). The rule amends certain regulations by updating the maximum total value of watch components per watch that are eligible for duty-free entry into the United States under the insular program, further clarifying the definition of creditable and non-creditable wages and fringe benefits, providing more details about the calculation of mid-year and annual duty-refund and verification process, and making minor editorial changes.

The FAA proposes to adopt a new airworthiness directive (AD) for all McDonnell Douglas Model DC-8-62, DC-8-62F, DC-8-63, DC-8-63F, DC-8-72, DC-8-72F, and DC-8-73F airplanes. This proposed AD would require deactivating certain components (the sump heater, scavenge valve, and scavenge pump) of the center wing fuel tank. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent certain conditions related to these components, which could lead to a possible ignition source in the fuel tank and a potential fire or explosion.

This rule finalizes the interim rules on Special Administrative Measures that were published on October 31, 2001 (66 FR 55062). The previously existing regulations authorized the Bureau of Prisons (Bureau), at the direction of the Attorney General, to impose special administrative measures with respect to specified inmates, based on information provided by senior intelligence or law enforcement officials, if determined necessary to prevent the dissemination of either classified information that could endanger the national security, or of other information that could lead to acts of violence and/or terrorism. The interim rule extended the period of time for which such special administrative measures may be imposed from 120 days to up to one year, and modified the standards for approving extensions of such special administrative measures. In addition, where the Attorney General has certified that reasonable suspicion exists to believe that an inmate may use communications with attorneys (or agents traditionally covered by the attorney-client privilege) to further or facilitate acts of violence and/or terrorism, the interim rule amended the previously existing regulations to provide that the Bureau must provide appropriate procedures to monitor or review such communications to deter such acts, subject to specific procedural safeguards, to the extent permitted under the Constitution and laws of the United States. The interim rule also requires the Director of the Bureau of Prisons to give written notice to the inmate and attorneys and/or agents before monitoring or reviewing any communications as described in this rule. The interim rule also provided that the head of each component of the Department of Justice that has custody of persons for whom special administrative measures are determined to be necessary may exercise the same authority to impose such measures as the Director of the Bureau of Prisons.

This document denies a petition for rule making filed by East Kentucky Broadcasting Corp. (``Petitioner'') proposing to substitute Channel 221C3 for Channel 276A at Coal Run and modify the license of Station WPKE-FM to reflect the channel upgrade. To accommodate the channel upgrade, Petitioner proposes to substitute Channel 276A for Channel 221A at Clinchco, Virginia and modify the license of Station WDIC-FM to reflect the channel substitution. However, Petitioner's proposed site is unacceptable due to major terrain obstruction that prevents the requisite 70 dBu signal over the entire community of license.

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule changing the reporting requirements currently prescribed under the marketing order for avocados grown in South Florida (order). The order regulates the handling of avocados grown in South Florida and is administered locally by the Avocado Administrative Committee (Committee). This rule continues in effect the action that indefinitely suspended the weekly handler reporting requirements specified under the order. The information from the weekly reports is no longer being used by the industry or the Committee staff and the germane information is available from other sources. This action reduces the reporting burden on handlers, while aligning information collection requirements with the needs of the industry.