February 20, 2009 – Federal Register Recent Federal Regulation Documents

Airworthiness Directives; PILATUS AIRCRAFT LTD. Model PC-12/47E Airplanes
Document Number: E9-3641
Type: Rule
Date: 2009-02-20
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
Labor Organization Annual Financial Reports
Document Number: E9-3721
Type: Rule
Date: 2009-02-20
Agency: Department of Labor, Office of Labor-Management Standards, Labor-Management Standards Office
This final rule delays the effective date of new regulations pertaining to the filing by labor organizations of annual financial reports required by the Labor-Management Reporting and Disclosure Act of 1959, as amended (LMRDA). The regulations were published in the Federal Register on January 21, 2009. They revised Labor Organization Annual Report Form LM-2 and established a procedure whereby the Department may revoke, when warranted, a labor organization's authorization to file the simplified Labor Organization Annual Report Form LM-3. This final rule postpones the effective date of the regulations from February 20, 2009, until April 21, 2009, to allow additional time for the agency and the public to review questions of law and policy concerning the regulations and, meanwhile, to permit unions to delay costly development and implementation of any necessary new accounting and recordkeeping systems and procedures pending this further consideration.
Nonforeign Area Cost-of-Living Allowance Rates; 2007 Interim Adjustments: Puerto Rico
Document Number: E9-3676
Type: Rule
Date: 2009-02-20
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
The U.S. Office of Personnel Management (OPM) is increasing the cost-of-living allowance (COLA) rate received by certain white- collar Federal and U.S. Postal Service employees in Puerto Rico. The increase is the result of interim adjustments OPM calculated based on relative Consumer Price Index differences between Puerto Rico and the Washington, DC, area. This increase raises the COLA rate for Puerto Rico from 13 percent to 14 percent.
Federal Employees Health Benefits Program Acquisition Regulation: Miscellaneous Clarifications and Corrections
Document Number: E9-3675
Type: Rule
Date: 2009-02-20
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
The U.S. Office of Personnel Management (OPM) is issuing a final rule to amend the Federal Employees Health Benefits Acquisition Regulations (FEHBAR). The rule clarifies the rate-setting process for community-rated carriers with respect to Similarly Sized Subscriber Groups (SSSG) and removes the ban on adjustments based on rate reconciliation for the final year of Federal Employees Health Benefits Program (FEHBP) contracts.
Government in the Sunshine Act Regulations
Document Number: E9-3671
Type: Proposed Rule
Date: 2009-02-20
Agency: Equal Employment Opportunity Commission, Agencies and Commissions
The Equal Employment Opportunity Commission is proposing to revise the method of public announcement of agency meetings subject to the Government in the Sunshine Act.
Safety Zone; Underwater Object, Massachusetts Bay, MA.
Document Number: E9-3670
Type: Rule
Date: 2009-02-20
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is extending the duration of a temporary safety zone surrounding an underwater object located approximately 17 miles northeast of Scituate, Massachusetts in Massachusetts Bay. This action is necessary to ensure that vessels are not endangered by dredging, diving, salvage, anchoring, fishing or other activities in this area. This temporary rulemaking is needed to protect the environment, the commercial fishing industry, and the general public from potential hazards associated with the underwater object.
Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan
Document Number: E9-3669
Type: Rule
Date: 2009-02-20
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Assistant Administrator for Fisheries (AA), NOAA, announces temporary restrictions consistent with the requirements of the Atlantic Large Whale Take Reduction Plan's (ALWTRP) implementing regulations. These regulations apply to lobster trap/pot and anchored gillnet fishermen for 15 days in an area totaling approximately 1,920 nm\2\ (6,586 km\2\) east of Portsmouth, New Hampshire. The purpose of this action is to provide protection to an aggregation of North Atlantic right whales (right whales).
Extension of Deadline for Action on Section 126 Petition From Delaware
Document Number: E9-3660
Type: Rule
Date: 2009-02-20
Agency: Environmental Protection Agency
The EPA is extending by 6 months the deadline for EPA to take action on a petition submitted by the Delaware Department of Natural Resources and Environmental Control (DNREC). The petition requests that EPA make a finding under section 126(b) of the Clean Air Act (CAA) that electric generating units (EGUs) in nine upwind states are emitting air pollutants in violation of the provisions of section 110(a)(2)(D)(i) of the CAA. Under the CAA, EPA is authorized to grant a time extension for responding to the petition if EPA determines that the extension is necessary, among other things, to meet the purposes of the CAA's rulemaking requirements. By this action, EPA is making that determination.
Protection of Safeguards Information; Correction
Document Number: E9-3629
Type: Rule
Date: 2009-02-20
Agency: Nuclear Regulatory Commission, Agencies and Commissions
This document corrects a rule that appeared in the Federal Register on October 24, 2008 (73 FR 63546), that amends the regulations for the protection of Safeguards Information (SGI) to protect SGI from inadvertent release and unauthorized disclosure which might compromise the security of nuclear facilities and materials. This document is necessary to correct an erroneous amendatory instruction which resulted in duplicate paragraph designations.
Airworthiness Directives; Pratt & Whitney Canada Corp. (P&WC) Models PW305A and PW305B Turbofan Engines
Document Number: E9-3622
Type: Proposed Rule
Date: 2009-02-20
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed 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 747 Airplanes
Document Number: E9-3614
Type: Proposed Rule
Date: 2009-02-20
Agency: Federal Aviation Administration, Department of Transportation
We are revising an earlier proposed airworthiness directive (AD) for all Boeing Model 747 airplanes. The original NPRM would have required inspecting for cracks in the left- and right-side Stringer 11 longeron adjacent to the horizontal stabilizer pivot bulkhead, and related investigative and corrective actions if necessary. The original NPRM resulted from a report of a crack found in the right-side Stringer 11 longeron horizontal flange, adjacent to the horizontal stabilizer pivot bulkhead, during a routine maintenance inspection. This action revises the original NPRM by reducing the compliance times for certain airplanes. We are proposing this supplemental NPRM to detect and correct fatigue cracking of the longeron, which can propagate and cause damage to the adjacent horizontal stabilizer pivot bulkhead. This damage could result in loss of structural integrity and consequent inability of the bulkhead to carry flight loads, which could adversely affect controllability of the airplane.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Commercial Black Sea Bass Pot Segment of the Snapper-Grouper Fishery off the Southern Atlantic States; Control Date
Document Number: E9-3610
Type: Proposed Rule
Date: 2009-02-20
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that it is establishing a revised control date to control future access to the commercial black sea bass pot fishery operating in the exclusive economic zone (EEZ) of the South Atlantic. If changes to the management regime are developed and implemented under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act), a control date could be used to limit the number of participants in the fishery. This announcement is intended, in part, to promote awareness of the potential eligibility criteria for future access so as to discourage speculative entry into the fishery while the South Atlantic Fishery Management Council (Council) and NMFS consider whether and how access to the black sea bass pot fishery should be controlled.
Airworthiness Directives; General Electric Company (GE) CF6-80C2B5F Turbofan Engines
Document Number: E9-3609
Type: Proposed Rule
Date: 2009-02-20
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for GE CF6-80C2B5F turbofan engines. This proposed AD would require removing certain part number (P/N) high-pressure compressor rotor (HPCR) 11-14 spool/shafts before they exceed a new, reduced life limit. This proposed AD results from an internal GE audit that compared the life limited parts certification documentation to the airworthiness limitations section (ALS) of the instructions for continuing airworthiness (ICA). We are proposing this AD to prevent HPCR 11-14 spool/shaft fatigue cracks caused by exceeding the life limit, which could result in a possible uncontained failure of the HPCR spool/shaft and damage to the airplane.
Airworthiness Directives; Hamilton Sundstrand Propellers Model 247F Propellers
Document Number: E9-3608
Type: Proposed Rule
Date: 2009-02-20
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for Hamilton Sundstrand Propellers model 247F propeller assemblies with certain part number (P/N) and serial number (SN) blades. This proposed AD would require removing affected propeller blades from service. This proposed AD results from reports of blades with corrosion pits in the tulip area of the blades. We are proposing this AD to prevent cracks from developing in the tulip area of the blade, which could result in separation of the blade and possible loss of airplane control.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Commercial Golden Tilefish Segment of the Snapper-Grouper Fishery off the Southern Atlantic States; Control Date
Document Number: E9-3607
Type: Proposed Rule
Date: 2009-02-20
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that it is establishing a new control date to control future access to the commercial golden tilefish fishery operating in the exclusive economic zone (EEZ) of the South Atlantic. If changes to the management regime are developed and implemented under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act), a control date could be used to limit the number of participants in the fishery. This announcement is intended, in part, to promote awareness of the potential eligibility criteria for future access so as to discourage speculative entry into the fishery while the South Atlantic Fishery Management Council (Council) and NMFS consider whether and how access to the golden tilefish fishery should be controlled.
Peanut Promotion, Research and Information Order; Continuance Referendum
Document Number: E9-3601
Type: Proposed Rule
Date: 2009-02-20
Agency: Agricultural Marketing Service, Department of Agriculture
This notice directs that a referendum be conducted among the eligible producers of peanuts to determine whether they favor continuance of the Peanut Promotion, Research and Information Order (Order).
Disclosure of Return Information to the Bureau of Economic Analysis; Correction
Document Number: E9-3599
Type: Rule
Date: 2009-02-20
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains corrections to temporary regulations (TD 9439) that were published in the Federal Register on Monday, December 29, 2008 (73 FR 79361) relating to disclosures of corporate tax return information to the Bureau of Economic Analysis.
Almonds Grown in California; Continuance Referendum
Document Number: E9-3597
Type: Proposed Rule
Date: 2009-02-20
Agency: Agricultural Marketing Service, Department of Agriculture
This document directs that a referendum be conducted among eligible California almonds growers to determine whether they favor continuance of the marketing order regulating the handling of almonds grown in California.
Olives Grown in California; Increased Assessment Rate
Document Number: E9-3596
Type: Rule
Date: 2009-02-20
Agency: Agricultural Marketing Service, Department of Agriculture
This rule increases the assessment rate established for the California Olive Committee (committee) for the 2009 and subsequent fiscal years from $15.60 to $28.63 per assessable ton of olives handled. The committee locally administers the marketing order which regulates the handling of olives grown in California. Assessments upon olive handlers are used by the committee to fund reasonable and necessary expenses of the program. The fiscal year began January 1 and ends December 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Radio Broadcasting Services; Mineral and Nevada City, California
Document Number: E9-3593
Type: Proposed Rule
Date: 2009-02-20
Agency: Federal Communications Commission, Agencies and Commissions
The Audio Division requests comment on a petition filed by Shamrock Communications, Inc., the permittee of a new FM station on Channel 297C, Alturus, California, proposing the deletion of vacant Channel 297A at Nevada City, California, and the allotment of Channel 297A at Mineral, California. The reference coordinates for Channel 297A at Mineral are 40-16-11 NL and 121-31-46 WL. See SUPPLEMENTARY INFORMATION, infra.
Nectarines and Peaches Grown in California; Changes in Handling Requirements for Fresh Nectarines and Peaches
Document Number: E9-3585
Type: Rule
Date: 2009-02-20
Agency: Agricultural Marketing Service, Department of Agriculture
This rule changes the handling requirements applicable to well matured fruit covered under the nectarine and peach marketing orders (orders). The orders regulate the handling of nectarines and peaches grown in California and are administered locally by the Nectarine Administrative and Peach Commodity Committees (committees). This rule updates the variety-specific size requirements to reflect changes in commercially significant varieties. This will enable handlers to continue to ship fresh nectarines and peaches in a manner that meets consumer needs, increases returns to producers and handlers, and reflects current industry practices.
Rules Regarding Access to Information Under the Freedom of Information Act
Document Number: E9-3582
Type: Rule
Date: 2009-02-20
Agency: Board of Directors of the Hope for Homeowners Program
The Board is adopting and requesting public comment on regulations regarding access to records of the Board under the Freedom of Information Act (FOIA). The Board was statutorily established to oversee the HOPE for Homeowners Program (Program).
Drawbridge Operation Regulation; Tennessee River, Decatur, AL
Document Number: E9-3571
Type: Rule
Date: 2009-02-20
Agency: Coast Guard, Department of Homeland Security
The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operations of the Southern Railroad Drawbridge across the Tennessee River, mile 304.4, at Decatur, Alabama. The deviation is necessary to allow time for conducting needed maintenance and repairs to the bridge. This deviation allows the bridge to remain in the closed to navigation position and not open to vessel traffic.
Drawbridge Operating Regulations; Gulf Intracoastal Waterway, Houma, LA
Document Number: E9-3569
Type: Rule
Date: 2009-02-20
Agency: Coast Guard, Department of Homeland Security
The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Louisiana State Route 316 (LA 316) pontoon span bridge, also known as the Bayou Blue Bridge, across Gulf Intracoastal Waterway, mile 49.8, west of Harvey Lock (WHL) at Houma in Lafourche Parish, Louisiana. This deviation provides for the bridge to remain closed to navigation for one day in order to perform scheduled maintenance.
Drawbridge Operation Regulations; Hackensack River, Secaucus, NJ, Maintenance
Document Number: E9-3566
Type: Rule
Date: 2009-02-20
Agency: Coast Guard, Department of Homeland Security
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Upper Hack Bridge across the Hackensack River, mile 6.9, at Secaucus, New Jersey. Under this temporary deviation the bridge may remain in the closed position for two days to facilitate bridge maintenance. Vessels that can pass under the draw without a bridge opening may do so at all times.
Drawbridge Operation Regulation; Bayou Lacarpe, Mile 7.5, at Houma, Lafourche Parish, LA
Document Number: E9-3564
Type: Rule
Date: 2009-02-20
Agency: Coast Guard, Department of Homeland Security
The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the SR 661 Vertical Lift Bridge across Bayou Lacarpe, mile 7.5, at Houma, Lafourche Parish, Louisiana. The deviation is necessary to replace all the wire ropes used to lift the movable span of the bridge. This deviation allows the bridge to remain closed during daytime hours and require an advance notice for openings during the nighttime.
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway (AIWW), Scotts Hill, NC
Document Number: E9-3561
Type: Proposed Rule
Date: 2009-02-20
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to change the drawbridge operation regulations of the Figure Eight Swing Bridge, at AIWW mile 278.1, at Scotts Hill, NC. This proposal would allow for the drawbridge to open on signal every hour on the half hour for the passage of pleasure vessels. At all times, the draw will continue to open on signal for commercial vessels. The proposed change would result in more efficient use of the bridge.
Acknowledgment Letters for Customer Funds and Secured Amount Funds
Document Number: E9-3551
Type: Proposed Rule
Date: 2009-02-20
Agency: Commodity Futures Trading Commission, Agencies and Commissions
The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is proposing to amend its regulations regarding the required content of the acknowledgment letter that a registrant must obtain from any depository holding its segregated customer funds or funds of foreign futures or foreign options customers, and certain technical changes.
Availability of Funds and Collection of Checks
Document Number: E9-3547
Type: Rule
Date: 2009-02-20
Agency: Federal Reserve System, Agencies and Commissions
The Board of Governors (Board) is amending the routing number guide to next-day availability checks and local checks in Regulation CC to delete the reference to the Baltimore branch office of the Federal Reserve Bank of Richmond and to reassign the Federal Reserve routing symbols currently listed under that office to the head office of the Federal Reserve Bank of Philadelphia. These amendments reflect the restructuring of check-processing operations within the Federal Reserve System.
Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications
Document Number: E9-3531
Type: Rule
Date: 2009-02-20
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this final rule to implement the annual harvest guideline (HG) and management measures for Pacific sardine in the U.S. exclusive economic zone (EEZ) off the Pacific coast for the fishing season of January 1, 2009, through December 31, 2009. This HG has been determined according to the regulations implementing the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP) and establishes allowable harvest levels for Pacific sardine off the Pacific coast. This rule also announces that the directed fishing harvest total for the first allocation period (January 1 - June 30) has been reached and therefore directed fishing for Pacific sardine is now closed until July 1, 2009.
Airworthiness Directives; Airbus Model A300-600 Airplanes
Document Number: E9-3277
Type: Rule
Date: 2009-02-20
Agency: Federal Aviation Administration, Department of Transportation
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:
Airworthiness Directives; Airbus Model A300, A310, and A300-600 Series Airplanes
Document Number: E9-3276
Type: Rule
Date: 2009-02-20
Agency: Federal Aviation Administration, Department of Transportation
The FAA is superseding an existing airworthiness directive (AD), which applies to certain Airbus Model A300, A310, and A300-600 series airplanes. That AD currently requires repetitive detailed visual inspections to detect cracks in the pylon thrust and sideload fitting of the wing, and replacement of any cracked pylon thrust and sideload fitting with a new fitting. This new AD reduces the threshold and repetitive intervals for the detailed inspection for certain airplanes and reduces the applicability of the existing AD. This AD results from issuance of mandatory continuing airworthiness information by a foreign civil airworthiness authority. We are issuing this AD to detect and correct cracks in the pylon thrust and sideload fitting of the wing, which could result in reduced structural integrity of the airplane.
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP Airplanes
Document Number: E9-3274
Type: Rule
Date: 2009-02-20
Agency: Federal Aviation Administration, Department of Transportation
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:
Airworthiness Directives; BAE Systems (Operations) Limited (Jetstream) Model 4101 Airplanes
Document Number: E9-3265
Type: Rule
Date: 2009-02-20
Agency: Federal Aviation Administration, Department of Transportation
The FAA is superseding an existing airworthiness directive (AD), which applies to all BAE Systems (Operations) Limited (Jetstream) Model 4101 airplanes. That AD currently requires repetitive tests for free movement of the capsule/bearing of the nose landing gear (NLG), and related investigative and corrective actions. This new AD requires a modified test for free movement of the capsule/bearing of the NLG at reduced repeat intervals, and replacement of the NLG assembly with a modified assembly. This AD results from additional reports of the NLG failing to extend fully on an airplane that had been inspected in accordance with AD 2004-14-07. We are issuing this AD to prevent failure of the NLG to extend fully, which could result in reduced controllability of the airplane during landing.
Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) Airplanes
Document Number: E9-3262
Type: Rule
Date: 2009-02-20
Agency: Federal Aviation Administration, Department of Transportation
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:
Airworthiness Directives; Construcciones Aeronauticas, S.A. (CASA), Model C-212-DF Airplanes
Document Number: E9-3261
Type: Rule
Date: 2009-02-20
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain CASA Model C-212-DF airplanes. This AD requires a one-time conductivity inspection to determine the material used in manufacturing outer to center wing attachment fittings; and one-time inspections to detect cracks on affected fittings, and corrective action if necessary. This AD results from reports of cracks found in outer to center wing attachment fittings. We are issuing this AD to detect and correct cracks on the upper and lower fittings in both outer and center wings, which could result in reduced structural integrity of the airplane.
Airworthiness Directives; Pratt & Whitney Canada PW206A, PW206B, PW206B2, PW206C, PW206E, PW207C, PW207D, and PW207E Turboshaft Engines
Document Number: E9-3046
Type: Rule
Date: 2009-02-20
Agency: Federal Aviation Administration, Department of Transportation
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; Turbomeca S.A. Models Arriel 1E2, 1S, and 1S1 Turboshaft Engines
Document Number: E9-3026
Type: Rule
Date: 2009-02-20
Agency: Federal Aviation Administration, Department of Transportation
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; Cessna Aircraft Company Models 182Q and 182R Airplanes
Document Number: E9-2993
Type: Rule
Date: 2009-02-20
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Cessna Aircraft Company (Cessna) Models 182Q and 182R airplanes that are equipped with Societ[eacute] de Motorisations A[eacute]ronautiques (SMA) Aircraft Diesel Engine (ADE) Model SR305-230-1 or Model SR305-230 converted to Model SR305-230-1 installed under Supplemental Type Certificate (STC) SA03302AT. This AD requires you to remove the intercooler and the intercooler inlet and outlet hoses, install a reworked intercooler and new intercooler inlet and outlet hoses, inspect hoses and clamp torques, repetitively inspect installation of the intercooler outlet and inlet hose assemblies for any displacement or damage of clamps or hoses, and, if necessary, replace any damaged clamps or hoses. This AD results from a report of two instances of induction hose disconnection occurring while in service, resulting in a loss of turbo boost and a significant loss of engine power. We are issuing this AD to detect and correct improper intercooler outlet and intercooler inlet hose assembly installations, which could result in loss of turbo boost and a significant loss of engine power. This failure could lead to an inability to maintain constant altitude in flight.
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