February 2009 – Federal Register Recent Federal Regulation Documents

NMFS closes the commercial hook-and-line fishery for king mackerel in the southern Florida west coast subzone. This closure is necessary to protect the Gulf king mackerel resource.

NMFS is prohibiting directed fishing for Atka mackerel for vessels participating in the Amendment 80 limited access A season fishery in the Eastern Aleutian District and Bering Sea Subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2009 Atka mackerel allowable catch (TAC) specified for vessels participating in the Amendment 80 limited access fishery in the Eastern Aleutian District and Bering Sea Subarea of the BSAI.

NMFS is prohibiting directed fishing for Pacific cod by vessels catching Pacific cod for processing by the inshore component in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2009 total allowable catch (TAC) of Pacific cod apportioned to vessels catching Pacific cod for processing by the inshore component of the Western Regulatory Area of the GOA.

This document issues the final rules in the Second Report and Order implementing the DTV Delay Act. It amends the requirements of the DTV Consumer Education Initiative, as well as extending the duration of certain licenses and construction permits, to conform to the new, June 12, 2009, transition date. It announces the Commission's intent to apply the provisions of the Analog Nightlight Order to the period after June 12, 2009. And, it established March 17, 2009 as the date by which stations must notify the Commission of their planned timing to complete their transition and April 16, 2009 as the first date on which stations can terminate analog signals.

This notice announces the continuation of effectiveness of a Medicare interim final rule with comment period and the extension of the timeline for publication of the final rule. This notice is issued in accordance with section 1871(a)(3)(C) of the Social Security Act (the Act), which allows an interim final rule to remain in effect after the expiration of the timeline specified in section 1871(a)(3)(B) of the Act (the ``regular timeline'') or, if applicable, at the end of each succeeding 1-year extension to the regular timeline, if prior to the expiration of the timeline, the Secretary publishes in the Federal Register a notice of continuation and explains why the regular timeline or any subsequent extension was not complied with.

The EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of New Hampshire. This revision contains 8-hour ozone transportation conformity emission budgets for the Boston-Manchester-Portsmouth (SE), New Hampshire, 8-hour ozone nonattainment area. This action is being taken under the Clean Air Act.

We are adopting a new airworthiness directive (AD) to supersede AD 2008-06-28 R1, which applies to certain Avidyne Corporation (Avidyne) Primary Flight Displays (PFDs) (part numbers (P/Ns) 700-00006-000, -001, -002, -003, and -100) that are installed on airplanes. AD 2008-06-28 R1 currently requires you to do a check of the maintenance records and inspection of the PFD (if necessary) to determine if an affected serial number PFD is installed and incorporate (if necessary) operational limitations. Since we issued AD 2008-06-28 R1, Avidyne developed a factory modification that will correct the problems on these Avidyne PFDs and also factory modified certain serial number PFDs. To terminate the operational limitations of AD 2008-06-28 R1, this AD adds actions to assure any affected serial number PFD complies with one of the following: Passes the air data system performance verification test, receives the factory modification, or is replaced with a PFD that has complied with one of the previous two conditions or is not one of the affected serial number PFDs. Consequently, this AD will retain the actions from the previous AD until the added terminating action has been complied with. We are issuing this AD to prevent certain conditions from existing when PFDs display incorrect attitude, altitude, and airspeed information. This could result in airspeed/altitude mismanagement or spatial disorientation of the pilot with consequent loss of airplane control, inadequate traffic separation, or controlled flight into terrain.

We are adopting a new airworthiness directive (AD) for certain Boeing Model 727 airplanes. This AD requires among other actions, installing new ground fault interrupter (GFI) relays for the main fuel tanks and the auxiliary fuel tank pumps. This AD also requires revising the FAA-approved maintenance program to incorporate new Airworthiness Limitations for the GFI of the boost pumps and for the uncommanded on system for the auxiliary fuel tank pumps. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent an electrical fault in the fuel pump system, which might cause a connector or end cap to burn through and a subsequent fire or explosion inside the fuel pump or wing spar area. We are also issuing this AD to prevent uncommanded operation of the auxiliary fuel tank pumps, which can cause them to run dry. This condition will increase pump temperature and could supply an ignition source to fumes in the fuel tank, which can result in a consequent fire or explosion.

The FAA is adopting a new airworthiness directive (AD) for certain Bombardier Model CL-215-6B11 (CL-215T variant) and CL-215-6B11 (CL-415 variant) airplanes. This AD requires repetitive inspections for contamination of grease, bearing wear checks, grease applications of the rudder lower torque tube upper bearing, and a rudder upper hinge gap check; and related investigative and corrective actions if necessary. This AD results from a report of corrosion on the rudder lower torque tube upper bearing. We are issuing this AD to detect and correct corroded bearings which could lead to hinge deformation, and could result in a rudder jam and consequent reduced controllability of the airplane.

On December 31, 2008, EPA published a document finalizing the update of the Florida Outer Continental Shelf (OCS) Air Regulations. That document inadvertently listed the incorrect filing action date for petitions for judicial review. This document corrects that inadvertent error.

The State of Nevada applied for final authorization of revisions to its hazardous waste management program under the Resource Conservation and Recovery Act (RCRA), as amended. The Environmental Protection Agency (EPA) has determined that these changes satisfy all of the requirements necessary to qualify for final authorization, and is authorizing the State's changes through this immediate final rule. EPA is publishing this rule to authorize the changes without a prior proposal because we believe that this action is not controversial and do not expect comments that oppose it. In the Proposed Rules section of this Federal Register, EPA is also publishing a proposal to authorize these changes to Nevada's hazardous waste management program. Unless we receive written comments that oppose this authorization during the comment period, the decision to authorize Nevada's changes to its hazardous waste management program will take effect as provided below. If we receive comments that oppose this action, we will publish a document in the Federal Register withdrawing this rule before it takes effect and the separate document in the proposed rules section of this Federal Register will serve as the proposal for purposes of this rulemaking action. EPA will respond to public comments in a later final rule based on the proposal. Nevada's application for program revision is available for public review and comment. EPA may not provide further opportunity for comment. Any parties interested in commenting on this action should do so at this time.

The Federal Crop Insurance Corporation (FCIC) amends General Administrative Regulations, Subpart VSubmission of Policies, Provisions of Policies, Rates of Premium and Premium Reduction Plans to remove provisions that allow approved insurance providers (AIP) to offer premium reduction plans. The authority for such premium reductions has been eliminated in the Food, Conservation, and Energy Act of 2008 (2008 Farm Bill).

The Department of the Navy is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (Admiralty and Maritime Law) has determined that USS DEWEY (DDG 105) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.

This action amends Class E Airspace at Roanoke Rapids, NC, to accommodate Standard Instrument Approach Procedures (SIAPs) at Halifax County Airport. The controlled airspace previously associated with this airport was removed in anticipation of the airport's scheduled closure. The closure of Halifax County Airport has been delayed because the opening of its replacement, Halifax-Northampton Regional Airport, has been delayed. Controlled airspace is necessary for the safety and management of SIAPs and for Instrument Flight Rule (IFR) operations to the airport.

The Coast Guard proposes a safety zone, on the navigable waters of the lower Colorado River, Laughlin, NV, in support of a fireworks display near the AVI Resort and Casino. This safety zone is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or his designated representative.

The Coast Guard proposes establishing a temporary safety zone within the Lake Moolvalya region of the navigable waters of the Colorado River in Parker, Arizona for the Blue Water Resort and Casino APBA National Tour Rounds 1 and 2. This temporary safety zone is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or his designated representative.

In this order, the Commission denies the New York Independent System Operator, Inc.'s request for rehearing of Order No. 716, Mandatory Reliability Standard for Nuclear Plant Interface Coordination. In Order No. 716, the Commission approved as mandatory and enforceable the Nuclear Plant Interface Coordination Reliability Standard proposed by the North American Electric Reliability Corporation.

This action amends the legal descriptions for Anderson AFB, and the Guam and Saipan International Airports. The Guam Air Route Traffic Control Center personnel conducted a review of their airspace and determined that current airspace descriptions needed to be updated. These are editorial revisions to reflect name changes and to update coordinates of the facilities. The changes will not affect the current area boundaries, altitudes, or the times of designation.

The FAA is superseding an existing airworthiness directive (AD) that applies to all Airbus Model A310 series airplanes. That AD currently requires repetitive detailed inspections to detect cracks propagating from the fastener holes that attach the left- and right- hand pick-up angles at frame 40 to the wing lower skin and fuselage panel, and corrective actions if necessary. This new AD revises the intervals for accomplishing the repetitive detailed inspections and provides for an optional terminating modification for the repetitive inspections. This new AD also revises the applicability of the AD to remove certain airplanes. This AD results from mandatory continuing airworthiness information originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. We are issuing this AD to prevent reduced structural integrity of the airplane due to fatigue damage, and consequent cracking of the pick-up angles at frame 40.

The FAA is superseding an existing airworthiness directive (AD), which applies to certain Boeing Model 747-100, 747-100B, 747- 200B, 747-200C, 747-200F, 747-300, 747SR, and 747SP series airplanes. That AD currently requires an inspection to determine if acceptable external skin doublers are installed at the stringer 6 (S-6) lap splices, between station (STA) 340 and STA 400. For airplanes without the acceptable external skin doublers, the existing AD also requires repetitive related investigative actions and corrective actions if necessary. The existing AD also provides an optional terminating modification for the repetitive related investigative actions. This new AD mandates the optional terminating modification. This AD results from a report of cracked fastener holes at the right S-6 lap splice between STA 340 and STA 380. We are issuing this AD to prevent cracking in the fuselage skin, which could result in rapid decompression and loss of structural integrity of the airplane.

We are adopting a new airworthiness directive (AD) for certain Boeing Model 777 airplanes. This AD requires installing software upgrades to the airplane information management system (AIMS) located in the flight compartment. This AD results from an investigation that revealed that detrimental effects could occur on certain AIMS software during flight. We are issuing this AD to prevent an unannunciated loss of cabin pressure. If an undetected loss of pressure event were to cause an unsafe pressure in the cabin, the flight crew could become incapacitated.

We are superseding an existing 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 FAA is superseding an existing airworthiness directive (AD), which applies to all Boeing Model 747 series airplanes. That AD currently requires repetitive detailed inspections of the aft pressure bulkhead for indications of ``oil cans'' and previous oil can repairs, and corrective actions if necessary. An oil can is an area on a pressure dome web that moves when pushed from the forward side. This new AD requires a reduced compliance time for the initial detailed inspection and revises the applicability. This AD results from a report that cracks in oil-canned areas were found during an inspection of the aft pressure bulkhead. We are issuing this AD to detect and correct the propagation of fatigue cracks in the vicinity of oil cans on the web of the aft pressure bulkhead, which could result in rapid decompression of the airplane and overpressurization of the tail section, and consequent loss of control of the airplane.

This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.