February 2009 – Federal Register Recent Federal Regulation Documents

We are superseding an existing 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 removes the Class E airspace area designated as an extension to a Class D surface area at Altus AFB, OK. This airspace has been incorporated into the Altus AFB Class D airspace area under separate rulemaking actions.

NMFS proposes 2009 fishing year specifications for the Atlantic bluefin tuna (BFT) fishery to set BFT quotas for each of the established domestic fishing categories and to set effort controls (daily retention limits) for the General and Angling categories. This action is necessary to implement recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), as required by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). NMFS solicits written comments and will hold public hearings to receive oral comments on these proposed actions.

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:

On December 23, 2008 (73 FR 78599), the Nuclear Regulatory Commission (NRC) published a final rule that amended the NRC's regulations to implement the requirements under the Protocol Additional to the Agreement between the United States of America and the International Atomic Energy Agency for the Application of Safeguards in the United States of America (Additional Protocol) for certain NRC and Agreement State licensees to report information on various nuclear fuel cycle-related activities and to provide the International Atomic Energy Agency (IAEA) with access to those locations. This document is necessary to correct an erroneous amendatory instruction which resulted in two undesignated center headings.

The Coast Guard is withdrawing its proposed rule concerning the revision of boundaries of three anchorage grounds adjacent to Ellis and Liberty Islands in Upper New York Bay. The proposed rule is being withdrawn due to the decision not to expand two security zones around Ellis and Liberty Islands. The decision not to expand the security zones removes the need to revise the anchorage ground boundaries.

On January 14, 2009, NRCS published in the Federal Register a proposed rule for the Healthy Forests Reserve Program (HFRP) with a public comment period closing on February 13, 2009. The proposed rule included changes to address amendments to HFRP associated with enactment of the Food, Conservation, and Energy Act of 2008. NRCS is hereby reopening the public comment period for the HFRP proposed rule and amending the closing date to March 20, 2009.

The Broadcasting Board of Governors (BBG) is publishing a change to a regulation governing contact information of the Office of General Counsel of BBG for purposes of service of process. This rule will revise the Office of General Counsels address cited in the current version of our regulations.

This action revises Class E airspace at Galena, AK to provide adequate controlled airspace to contain aircraft executing Standard Instrument Approach Procedures (SIAPs). Two SIAPs are being amended for the Edward G. Pitka Airport at Galena, AK. This action revises existing Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at Edward G. Pitka Airport, Galena, AK.

We are adopting a new airworthiness directive (AD) for certain Learjet Model 55, 55B, and 55C airplanes. This AD requires inspecting the installation of the forward light assembly in the aft lavatory to determine the location of the terminal connector; inspecting for damage of the light assembly terminals, wires, and oxygen lines; inspecting to determine if the cable nipple is installed over the light assembly terminal; and doing corrective actions if necessary. This AD also requires installing a clamp to the forward side of the frame to maintain a positive distance between the light assembly and oxygen line. This AD results from a report of a cabin fire in the left-hand upper cabin fuselage above the aft cabin window at frame 23. We are issuing this AD to detect and correct improper installation of the lavatory light assembly, which could result in contact between the electrical terminals of the light assembly and an adjacent oxygen supply line, and consequent short circuit or fire hazard.

The FAA is adopting a new airworthiness directive (AD) for certain Cessna Aircraft Company (Cessna) Models 401, 401A, 401B, 402, 402A, and 402B airplanes. This AD requires an inspection of the auxiliary wing spar near the location where the main landing gear trunnion is mounted for cracks; immediate replacement if cracks of 0.5 inch or more are found; repetitive inspections with replacement at a later time as long as cracks of less than 0.5 inch are found; and a report to the FAA and Cessna if any cracks are found. This AD results from several reports of fatigue cracking on the affected airplanes in the auxiliary wing spar. We are issuing this AD to detect and correct such cracks, which, if not corrected, could result in failure of the wing auxiliary spar web and cause landing gear collapse during normal landing. This could lead to loss of control and passenger injury.

This action amends Class E airspace at Tulsa, OK. Additional controlled airspace is necessary to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAP) at William R. Pogue Municipal Airport, Sand Springs, OK. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at William R. Pogue Municipal Airport.

This action removes Class E airspace at Rockport, TX. This airspace has been incorporated into the Corpus Christi, TX, Class E airspace area under a separate rulemaking action to ensure the safety of aircraft and efficient use of airspace.

NMFS announces final 2009 and 2010 harvest specifications and prohibited species catch allowances for the groundfish fishery of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to establish harvest limits for groundfish during the 2009 and 2010 fishing years and to accomplish the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). The intended effect of this action is to conserve and manage the groundfish resources in the BSAI in accordance with the Magnuson-Stevens Fishery Conservation and Management Act.

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 m) length overall (LOA) using jig or hook-and-line gear in the Bogoslof Pacific cod exemption area of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the limit of Pacific cod for catcher vessels

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 Federal Housing Finance Agency (FHFA) is correcting the final Flood Insurance Regulation, published in the Federal Register on January 15, 2009 (74 FR 2347), by deleting the addition of a subchapter.

This action withdraws an FTA notice of proposed rulemaking (NPRM), Contractor Performance Incentives for the Capital Investment Program, published in the Federal Register on February 19, 2008 (73 FR 9075). FTA has determined that contractor performance incentives do not require a rulemaking to be effectuated. Rather, FTA can work with project sponsors on a case-by-case basis to provide incentives, and therefore, the rulemaking is withdrawn.

The U.S. Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking (PRM-170-6) submitted by the Technical Specifications Task Force (TSTF), which is a jointly sponsored activity of the Pressurized Water Reactor Owners Group and the Boiling Water Reactor Owners' Group. The petition requests that the NRC amend its regulations to provide an explicit exemption from NRC review fees for activities associated with generic improvements to the Improved Standard Technical Specifications (ISTS). The NRC is denying the petition because the petition presents issues that the NRC has already carefully considered and addressed. Also, the petition fails to present any significant new information or arguments that would warrant the requested amendment.

The FAA is superseding an existing airworthiness directive (AD) for Turbomeca Turmo IV A and IV C series turboshaft engines. That AD is applicable to engines with oil-tank-to-oil-cooler flexible lubrication pipes, part number (P/N) 0 249 92 813 0 or P/N 0 249 92 916 0, installed. That AD currently requires identifying, inspecting, and replacing affected flexible lubrication pipes manufactured after April 1, 2003. That AD also requires initial and repetitive borescope inspections of affected pipes, visual inspections for oil leakage, and visual inspections of the oil filter. That AD also requires that if both engines on the same helicopter each have an affected pipe, replacing one of the affected pipes before further flight. This AD does not contain that requirement. This AD requires the same inspections as the superseded AD and adds inspection of oil-pump-to-intermediate- bearing flexible lubricating pipe, P/N 0 249 92 808 0. This AD also requires all remaining affected flexible lubrication pipes, P/N 0 249 92 813 0, P/N 0 249 92 916 0, and P/N 0 249 92 808 to be replaced as terminating action to the repetitive inspections for those affected pipes. This AD results from additional shutdowns caused by pipes, P/N 0 249 92 808 0, and the introduction of Turbomeca Modifications TU 231 and TU 233 that replace pipes, P/N 0 249 92 813 0, P/N 0 249 92 916 0, and P/N 0 249 92 808. We are issuing this AD to prevent helicopter engine in-flight shutdown of one or both engines resulting in an emergency auto-rotation landing or accident.

The FAA is adopting a new airworthiness directive (AD) for Rolls-Royce Corporation (RRC) AE 3007A1E and AE 1107C turbofan/ turboshaft engines. This AD requires removal from service of certain 2nd stage, 3rd stage, and 4th stage compressor wheels, compressor cone shaft assemblies, and 1st to 2nd-stage turbine spacers at new, reduced, published life limits. This AD results from RRC applying an updated lifing methodology to the affected parts. We are issuing this AD to prevent low-cycle-fatigue failure of the parts listed in Table 1 of this AD, which could result in an uncontained engine failure and damage to the aircraft.

NMFS proposes to amend regulations to change the time at which the amount of retained groundfish must be calculated to comply with the maximum retainable amounts (MRAs) of selected groundfish species caught by trawl catcher/processors (C/Ps) that are not eligible under the American Fisheries Act (AFA) to participate in directed fishing for pollock. This proposed action would apply to MRAs for yellowfin sole, rock sole, flathead sole, ``other flatfish,'' arrowtooth flounder, Pacific cod, and Atka mackerel in the Bering Sea and Aleutian Islands management area (BSAI) and for Pacific ocean perch in the Aleutian Islands (AI). The proposed action is necessary to provide the non-AFA trawl C/Ps the opportunity to reduce discards and increase retention of these groundfish species. The proposed rule is intended to promote the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP).

This final rule modifies several aspects of the permanent safety and security zones within the New York Captain of the Port Zone. This action modifies existing safety and security zones, consolidates and modifies safety and security zones currently found in separate regulations, and removes certain safety and security zones so as to better meet the safety and security needs of the New York and New Jersey port community.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a supplemental new animal drug application (NADA) filed by Novartis Animal Health US, Inc. The supplemental NADA provides for removal of a 250-pound weight restriction and the addition of a reproductive caution statement to labeling of tiamulin concentrate solution used in drinking water for the treatment of certain bacterial respiratory and enteric diseases in swine.