July 24, 2007 – Federal Register Recent Federal Regulation Documents
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Special Conditions: Boeing Model 787-8 Airplane; Reinforced Flightdeck Bulkhead
These special conditions are issued for the Boeing Model 787-8 airplane. This airplane will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. The Boeing Model 787-8 airplanes will have a flightdeck bulkhead incorporating ballistic-and intrusion-resistant features. While the regulations include standards for ballistic-and intrusion-resistant flightdeck doors, they do not yet incorporate the same standards for these features in the bulkhead. Therefore, special conditions are needed to address these design features. 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 standards. Additional special conditions will be issued for other novel or unusual design features of the Boeing Model 787-8 airplanes.
Fisheries of the Northeastern United States; Scup Fishery; Adjustment to the 2007 Winter II Quota
NMFS adjusts the 2007 Winter II commercial scup quota and possession limit. This action complies with Framework Adjustment 3 (Framework 3) to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan, which established a process to allow the rollover of unused commercial scup quota from the Winter I period to the Winter II period.
Imports of Certain Cotton Shirting Fabric: Implementation of Tariff Rate Quota Established Under the Tax Relief and Health Care Act of 2006
The Department of Commerce is issuing interim regulations implementing Section 406 of the Tax Relief and Health Care Act of 2006 (``the Act''), which President Bush signed into law on December 20, 2006 (Pub. L. 109-432). Section 406(b)(1) authorizes the Secretary of Commerce to issue licenses to eligible manufacturers under headings 9902.52.08 through 9902.52.19 of the Harmonized Tariff Schedule of the United States, specifying the restrictions under each such license on the quantity of cotton woven fabrics that may be entered each year by or on behalf of the manufacturer.
Changes in the Regulation of Iodine Crystals and Chemical Mixtures Containing Over 2.2 Percent Iodine; Correction
On July 2, 2007, the Drug Enforcement Administration (DEA) published a final rule in the Federal Register changing the regulation of iodine under the Controlled Substances Act. Several amendatory instructions amending the Code of Federal Regulations (CFR) to implement this rulemaking were published in error. This correction corrects those errors.
Practices and Procedures
The Merit Systems Protection Board (MSPB or the Board) is amending its rules of practice and procedure in this part to reflect the relocation of its Western Regional Office.
Safety Zone; Biscayne Bay Yacht Racing Association Full Moon Races, Biscayne Bay, Miami, FL
The Coast Guard is establishing a temporary safety zone for the Biscayne Bay Yacht Racing Association (BBYRA) Full Moon Races, which will temporarily limit the movement of non-participant vessels in Biscayne Bay in Miami, FL. This temporary safety zone is intended to restrict vessels from entering the waters where the event will be held unless specifically authorized by the Captain of the Port, Miami, Florida, or designated representative. This regulation is needed to provide for the safety of life on navigable waters during the event to participants, marine spectators and recreational and professional mariner traffic.
Drawbridge Operation Regulations; Potomac River, Between Maryland and Virginia
The Commander, Fifth Coast Guard District, has approved a temporary deviation from the regulations governing the operation of the new Woodrow Wilson Memorial (I-95) Bridge, mile 103.8, across Potomac River between Alexandria, Virginia and Oxon Hill, Maryland. This deviation allows the new drawbridge to remain closed-to-navigation each day from 10 a.m. to 2 p.m. beginning on July 23, 2007 until and including January 25, 2008, to facilitate testing and commissioning for the new Woodrow Wilson Bridge construction project.
Revised Compliance Dates Under the National Pollutant Discharge Elimination System Permit Regulations and Effluent Limitations Guidelines and Standards for Concentrated Animal Feeding Operations
This rule extends certain compliance dates in the National Pollutant Discharge Elimination System (NPDES) permitting requirements and Effluent Limitations Guidelines and Standards (ELGs) for concentrated animal feeding operations (CAFOs) while EPA works to complete rulemaking to respond to the decision of the U.S. Court of Appeals for the Second Circuit in Waterkeeper Alliance et al. v. EPA, 399 F.3d 486 (2nd Cir. 2005). The sole purpose of this rule is to address timing issues associated with the Agency's response to the Waterkeeper decision. This final rule revises the dates established in the 2003 CAFO rule and later modified by a rule published in the Federal Register on February 10, 2006, by which facilities newly defined as CAFOs are required to seek permit coverage and by which all permitted CAFOs are required to develop and implement their nutrient management plans (NMPs). EPA is extending the date by which operations defined as CAFOs as of April 14, 2003, that were not defined as CAFOs prior to that date, must seek NPDES permit coverage, from July 31, 2007, to February 27, 2009. EPA is also amending the date by which operations that become defined as CAFOs after April 14, 2003, due to operational changes that would not have made them a CAFO prior to April 14, 2003, and that are not new sources, must seek NPDES permit coverage, from July 31, 2007, to February 27, 2009. Finally, EPA is extending the deadline by which permitted CAFOs are required to develop and implement NMPs, from July 31, 2007, to February 27, 2009.
Fiscal Year 2007 Program for Systematic Review of Commission Regulations; Request for Comments and Information
The Consumer Product Safety Commission staff (CPSC or Commission) announces the fiscal year 2007 program for systematic review of current CPSC substantive regulations to ensure, to the maximum practical extent, consistency among them and with respect to accomplishing program goals. In fiscal year 2007, the following two regulations will be evaluated: Ban of Unstable Refuse Bins, 16 CFR part 1301; and Requirements for Pacifiers, 16 CFR part 1511. The primary purpose of the review is to assess the degree to which the regulations under review remain consistent with the Commission's program policies. In addition, each regulation will be examined with respect to the extent that it is current and relevant to CPSC program goals. Attention will also be given to whether the regulations can be streamlined, if possible, to minimize regulatory burdens, especially on small entities. To the degree consistent with other Commission priorities and subject to the availability of personnel and fiscal resources, specific regulatory or other projects may be undertaken in response to the results of the review. The Commission staff solicits written comments from interested persons concerning the designated regulations' currentness and consistency with Commission policies and goals, and suggestions for streamlining where appropriate. In so doing, commenters are requested to specifically address how their suggestions for change could be accomplished within the statutory frameworks for Commission action under the Consumer Product Safety Act (CPSA), 15 U.S.C. 2051-2084, and the Federal Hazardous Substances Act (FHSA), 15 U.S.C. 1261-1278.
Security Zones; Escorted Vessels in the Captain of the Port Jacksonville Zone
The Coast Guard is temporarily establishing security zones around any vessel escorted by one or more Coast Guard, State, or local law enforcement assets within the Captain of the Port Zone Jacksonville, FL. No vessel or person is allowed within 100-yards of an escorted vessel, while within the navigable waters of the Captain of the Port Zone, Jacksonville, FL, unless authorized by the Captain of the Port Jacksonville, FL or designated representative. Additionally, all vessels within 500 yards of an escorted vessel in the Captain of the Port Zone Jacksonville, FL will be required to operate at a minimum speed necessary to maintain a safe course. This action is necessary to protect personnel, vessels, and facilities from sabotage or other subversive acts, accidents, or other events of a similar nature.
Drawbridge Operation Regulations; China Basin, San Francisco, CA
The Commander, Eleventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Third Street Drawbridge across China Basin, mile 0.0, at San Francisco, CA. The deviation is necessary to allow the public to cross the bridge to participate in the scheduled San Francisco Marathon, a community event. This deviation allows the bridge to remain in the closed-to- navigation position during the marathon.
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 Airplanes
The FAA withdraws a notice of proposed rulemaking (NPRM) that proposed a new airworthiness directive (AD) for certain EMBRAER Model ERJ 170 airplanes. The proposed AD would have required installing updated software revisions and, as applicable, doing concurrent actions. Since the proposed AD was issued, we have received a report that all affected airplanes have already been modified as described in the proposed AD. Accordingly, the proposed AD is withdrawn.
Airworthiness Directives; BAE Systems (Operations) Limited Model ATP Airplanes
The FAA is superseding an existing airworthiness directive (AD), which applies to all BAE Systems (Operations) Limited Model ATP airplanes. The existing AD currently requires revising the Airworthiness Limitations Section (ALS) of the Instructions for Continued Airworthiness (ICA) to incorporate life limits for certain items and inspections to detect fatigue cracking in certain structures; to incorporate new inspections to detect fatigue cracking of certain significant structural items (SSIs); and to revise life limits for certain equipment and various components. This new AD requires revising the ALS of the ICA to include revised requirements. This AD results from the determination that additional and revised inspections of the fuselage are needed. We are issuing this AD to detect and correct fatigue cracking of certain structural elements, which could result in reduced structural integrity of the airplane and consequent rapid decompression of the airplane.
Mississippi Abandoned Mine Land Reclamation Plan
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing receipt of a proposed Mississippi abandoned mine land reclamation plan (Mississippi plan) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The purpose of the Mississippi plan is to establish policies and procedures to be followed in conducting reclamation of abandoned coal mine lands in Mississippi. Mississippi will use Federal monies to carry out the reclamation activities. We are seeking public comments on the adequacy of the proposed Mississippi plan. This document gives the times and locations that the proposed plan is available for your inspection, the comment period during which you may submit written comments on the plan, and the procedures that will be followed for the public hearing, if one is requested.
Regulatory Guidance for Recording of Commercial Motor Vehicle Accidents Involving Fires
The FMCSA announces regulatory guidance concerning its definition of ``accident.'' The regulatory guidance is presented in a question-and-answer form. The guidance is generally applicable to drivers, commercial motor vehicles, and motor carrier operations subject to the Federal Motor Carrier Safety Regulations. All prior interpretations and regulatory guidance concerning the term ``accident'' issued previously in the Federal Register, as well as memoranda and letters, may no longer be relied upon as authoritative if they are inconsistent with the guidance published today. This guidance will provide the motor carrier industry and Federal, State, and local law enforcement officials with uniform information for use in determining whether certain vehicle fires must be recorded on the motor carrier's accident register and considered in applying the Agency's safety fitness procedures.
Airworthiness Directives; Airbus Model A318, A319, A320, and A321 Airplanes
The FAA is adopting a new airworthiness directive (AD) for all Airbus Model A318, A319, A320, and A321 airplanes. This AD requires revising the Airworthiness Limitations section of the Instructions for Continued Airworthiness to incorporate new limitations for fuel tank systems. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.
Airworthiness Directives; McDonnell Douglas Model DC-10-10 and DC-10-10F Airplanes, Model DC-10-15 Airplanes, Model DC-10-30 and DC-10-30F (KC-10A and KDC-10) Airplanes, Model DC-10-40 and DC-10-40F Airplanes, Model MD-10-10F and MD-10-30F Airplanes, and Model MD-11 and MD-11F Airplanes
The FAA is adopting a new airworthiness directive (AD) for all transport category airplanes identified above. This AD requires an inspection to determine if a certain fuel pump housing electrical connector is installed. This AD also requires a revision to the FAA- approved airplane flight manual (AFM) to advise the flightcrew of the appropriate procedures for disabling certain fuel pump electrical circuits following failure of a fuel pump housing electrical connector if applicable. This AD also requires the deactivation of certain fuel tanks or fuel pumps and the installation of placards if applicable. This AD allows the optional replacement of the fuel pump housing electrical connectors with new, improved parts, which would terminate the AFM revisions, deactivation of certain fuel tanks and fuel pumps, and placard installation. This AD results from a report of two failures of the fuel pump housing electrical connector. We are issuing this AD to prevent continued arcing following a short circuit of the fuel pump housing electrical connector, which could damage the conduit that protects the power lead inside the fuel tank; this condition could create an ignition source inside the fuel tank, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.
Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) Airplanes
The FAA is adopting a new airworthiness directive (AD) for all Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. This AD requires revising the Certification Maintenance Requirements and the Maintenance Review Board Report sections of the Canadair Regional Jet Maintenance Requirements Manual to include changes and additions to checks of the aileron power control units (PCUs) and a change to the interval of the backlash check of the aileron control system. This AD results from a report that data collected from in- service airplanes show that approximately 19 percent of aileron backlash checks conducted at 4,000-flight-hour intervals reveal that aileron backlash wear limits are being exceeded. We are issuing this AD to prevent exceeded backlashes in both aileron PCUs, which, if accompanied by the failure of the flutter damper, could result in aileron vibration/flutter and reduced controllability of the airplane.
Airworthiness Directives; Stemme GmbH & Co. KG Model S10-V and S10-VT Powered Sailplanes
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:
Airworthiness Directives; Boeing Model 737-800 Series Airplanes
The FAA is superseding an existing airworthiness directive (AD) that applies to certain Boeing Model 737-800 series airplanes. The existing AD currently requires inspecting flight spoilers to determine spoiler position after every landing and after any rejected takeoff maneuver. For airplanes on which any flight spoiler is found in the up position with the speedbrake handle in the down position, the existing AD requires replacing the flight spoiler actuator with a flight spoiler actuator having a certain part number. The existing AD also requires an operational test of the speedbrake control system after any maintenance actions that operate the spoiler system, and replacement of the flight spoiler actuator if necessary. The existing AD also provides for optional terminating action for those requirements. This new AD requires the previously optional terminating action. This AD results from a report of seven flight spoiler actuator jams on Model 737-800 airplanes equipped for short field performance (SFP). The cause of the failure has been identified as interference within the actuator main control valve. We are issuing this AD to prevent operation with defective flight spoiler actuators, which could result in a flight spoiler actuator hardover, and could cause the flight spoiler surface to jam in the fully extended position. Two or more hardover failures of the flight spoiler surfaces in the up direction on the same wing, if undetected prior to takeoff, can cause significant roll and consequent loss of control of the airplane.
Federal Motor Vehicle Safety Standards; Occupant Crash Protection
This final rule establishes specific test procedures for installing child restraints to a child restraint anchorage system, commonly referred to as a ``LATCH'' system, in a front passenger seating position in vehicles certified to meet advanced air bag requirements through the use of a suppression system or a low risk deployment (LRD) system.\1\ The test procedures ensure that the child restraints are installed in a repeatable and reproducible manner.
Alphabetical Listing of Blocked Persons, Specially Designated Nationals, Specially Designated Terrorists, Specially Designated Global Terrorists, Foreign Terrorist Organizations, and Specially Designated Narcotics Traffickers
The Office of Foreign Assets Control (``OFAC'') of the Department of the Treasury is amending appendix A to 31 CFR chapter V to (1) reflect the addition or removal from appendix A, since it was last published, of the names of individuals and entities subject to the various economic sanctions programs administered by OFAC, and (2) provide updated identifying and clarifying information for certain individuals and entities included in the appendix. OFAC also is amending the notes to the appendices to 31 CFR chapter V to reflect the revisions to appendix A and changes in the status of several programs.
Prohibited Items; New Enforcement Policy Regarding Lighters
The Transportation Security Administration (TSA) is providing notice that, in accordance with section 530 of Public Law 109-295, TSA will not enforce the prohibition on bringing lighters onboard commercial aircraft. The effect of the new enforcement policy will be to allow passengers to carry a lighter onboard commercial aircraft. This action is being taken to enable Transportation Security Officers (TSOs) to concentrate on more effectively confronting the threat of concealed explosives and improvised explosive devices being brought into the cabin of an aircraft.
Fisheries of the Exclusive Economic Zone Off Alaska; Pelagic Shelf Rockfish in the West Yakutat District of the Gulf of Alaska
NMFS is prohibiting directed fishing for pelagic shelf rockfish in the West Yakutat District of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2007 total allowable catch (TAC) of pelagic shelf rockfish in the West Yakutat District of the GOA.
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