May 4, 2009 – Federal Register Recent Federal Regulation Documents

With this final rule, the Department of the Interior and the Department of Commerce amend regulations governing interagency cooperation under the Endangered Species Act of 1973, as amended (ESA). In accordance with the statutory authority set forth in the 2009 Omnibus Appropriations Act (Pub. L. 111-8), this rule implements the regulations that were in effect immediately before the effective date of the regulation issued on December 16, 2008, entitled ``Interagency Cooperation Under the Endangered Species Act.''

The Audio Division grants a Petition for Rule Making issued at the request of Charles Crawford, proposing the allotment of Channel 296A at Marquez, Texas, as its first local service. Channel 296A at Marquez can be allotted, consistent with the minimum distance separation requirements of the Commission's Rules with the imposition of a site restriction located 13.6 kilometers (8.4 miles) west of the community at reference coordinates 31-14-20 NL and 96-23-45 WL.

The Audio Division, at the request of Superior Broadcasting of Denver, LLC, and White Park Broadcasting, Inc., the petitioner and counterproponent, respectively, in this proceeding, dismisses the petition for rulemaking and the counterproposal and terminates the proceeding.

This document sets forth a proposal to amend the FM Table of Allotments, Section 73.202(b) of the Commission's rules, 47 CFR 73.202(b). The Commission requests comment on a petition filed by Auburn Network, Inc. Petitioner proposes the substitution of FM Channel 262A for vacant Channel 232A at Waverly, Alabama. The purpose of the requested channel substitution at Custer is to accommodate Petitioner's pending application to change the channel FM Station WGZZ from Channel 262A to Channel 232 at Waverly. Channel 262A can be allotted at Waverly in compliance with the Commission's minimum distance separation requirements with a site restriction of 13 km (8.1 miles) northeast of Waverly. The proposed coordinates for Channel 262A at Waverly are 32- 48-14 North Latitude and 85-41-28 West Longitude. See SUPPLEMENTARY INFORMATION infra.

The U.S. Office of Personnel Management (OPM) is issuing a final rule to redefine the geographic boundaries of several appropriated fund Federal Wage System wage areas for pay-setting purposes. Based on recent reviews of Metropolitan Statistical Area boundaries in a number of wage areas, OPM is redefining the following wage areas: Birmingham, AL; Denver, CO; Wilmington, DE; Washington, DC; Atlanta, GA; Columbus, GA; Macon, GA; Chicago, IL; Bloomington-Bedford- Washington, IN; Indianapolis, IN; Louisville, KY; Baltimore, MD; Hagerstown-Martinsburg-Chambersburg, MD; St. Louis, MO; Southern Missouri; Omaha, NE; New York, NY; Philadelphia, PA; Scranton-Wilkes- Barre, PA; Eastern South Dakota; Richmond, VA; and Milwaukee, WI.

This action proposes special conditions for the Alenia Model C-27J airplane. This airplane has novel or unusual design features when compared to the state of technology described in the airworthiness standards for transport-category airplanes. These design features include electronic flight-control systems. These special conditions pertain to the effects of novel or unusual design features such as effects on the structural performance of the airplane. We have issued additional special conditions for other novel or unusual design features of the C-27J.

We propose to supersede Airworthiness Directive (AD) 2006-07- 15, which applies to Thrush Aircraft, Inc. Model 600 S2D and S2R (S-2R) series airplanes (type certificate previously held by Quality Aerospace, Inc. and Ayres Corporation). AD 2006-07-15 currently requires repetitive inspections of the \1/4\-inch and \5/16\-inch bolt hole areas on the wing front lower spar caps for fatigue cracking; replacement or repair any wing front lower spar cap where fatigue cracks are found; and reporting of any fatigue cracks found to the FAA. AD 2006-07-15 also puts the affected airplanes into groups for compliance time and applicability purposes. Since we issued AD 2006-07- 15, FAA analysis reveals that inspections are not detecting all existing cracks and shows the incidences of undetected cracks will increase as the airplanes age. Consequently, this proposed AD would retain the actions of AD 2006-07-15 and impose a life limit on the wing front lower spar caps that requires replacement of the wing front lower spar caps when the life limit is reached. This proposed AD would also change the requirements and applicability of the groups discussed above and remove the ultrasonic inspection method. We are proposing this AD to prevent wing front lower spar cap failure caused by undetected fatigue cracks. Such failure could result in loss of a wing in flight.

Several sections of the regulations governing the fisheries of the northeastern United States contain minor inadvertent errors, omissions, and ambiguities. This rule revises the portions of the Northeast (NE) fishery regulations that relate to the Vessel Monitoring System (VMS) and prohibitions, standardizes the VMS vendor requirements, and adds prohibitions and other regulations to clarify existing policies and requirements.

The Coast Guard has established a temporary safety zone from mile marker 0.5 (Roberto Clemente Highway Bridge) on the Allegheny River to mile marker 1.4 (16th Street Highway Bridge), extending 500 feet out from the right descending bank. This safety zone is needed to protect spectators and vessels from the hazards associated with the Urban Adventure's Adventure Race event. Entry into this zone is prohibited, unless specifically authorized by the Captain of the Port Pittsburgh or a designated representative.

The Coast Guard amends the vessel inspection regulations to expand the Alternate Compliance Program (ACP). Through these amendments, we are updating the list of certificates the Coast Guard issues, incorporating Coast Guard policy regarding eligibility requirements for classification societies participating in the ACP, recognizing classification societies other than the American Bureau of Shipping, and expanding the ACP to include oceanographic research vessels.