June 2009 – Federal Register Recent Federal Regulation Documents

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 Lorenz E. Proietti. Petitioner proposes the allotment of FM Channel 242C2 at Dubois, Wyoming, as a first local service. Channel 242C2 can be allotted at Dubois in compliance with the Commission's minimum distance separation requirements with a site restriction of 6 km (3.8 miles) southwest of Dubois. The proposed coordinates for Channel 242C2 at Dubois are 43-29-59 North Latitude and 109-41-17 West Longitude.

This action proposes to modify Class E airspace at Lake Havasu City, AZ. Additional controlled airspace is necessary to accommodate aircraft using a new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedure (SIAP) at Lake Havasu City Airport, Lake Havasu, AZ. The FAA is proposing this action to enhance the safety and management of aircraft operations at Lake Havasu City Airport, Lake Havasu, AZ.

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:

This action proposes to establish Class D airspace at Arlington, TX. Establishment of an air traffic control tower at Arlington Municipal Airport has made this action necessary for the safety and management of Instrument Flight Rules (IFR) aircraft operations at Arlington Municipal Airport.

This action proposes to establish Class E airspace at Neligh, NE. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Antelope County Airport, Neligh, NE. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at Antelope County Airport.

The FAA proposes to adopt a new airworthiness directive (AD) for General Electric Company (GE) GE90-110B1, GE90-113B, and GE90-115B series turbofan engines with stage 6 low-pressure turbine (LPT) blades, part number (P/N) 1765M37P03 or P/N 1765M37P04, installed. This proposed AD would require initial and repetitive inspections for shroud interlock wear of the stage 6 LPT blades. This proposed AD would also require replacing those blades with stage 6 LPT blades eligible for installation at the next engine shop visit as terminating action to the repetitive blade inspections. This proposed AD results from eight reports of GE90-115B stage 6 LPT single-blade separation events. We are proposing this AD to prevent failure of stage 6 LPT blades, which could result in uncontained engine failure and damage to the airplane.

EPA is promulgating significant new use rules (SNURs) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for 23 chemical substances which were the subject of premanufacture notices (PMNs). Four of these chemical substances are subject to TSCA section 5(e) consent orders issued by EPA. This action requires persons who intend to manufacture, import, or process any of these 23 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. The required notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.

The Coast Guard will enforce Red, White, and Blue Tahoe Fireworks Display safety zone from 5 p.m. on July 3, 2009 through 10 p.m. on July 4, 2009 in position 39[deg]14'16'' N, 119[deg]53'59'' W (NAD83). This action is necessary to control vessel traffic and to ensure the safety of event participants and spectators. During the enforcement period, unauthorized persons or vessels are prohibited from entering into, transiting through, or anchoring in the safety zone, unless authorized by the Patrol Commander (PATCOM).

The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Meadowbrook State Parkway Bridge across Sloop Channel, mile 12.8, and the Long Beach Bridge, mile 4.7, across Reynolds Channel, Nassau County, New York. This deviation is necessary to facilitate the Salute to Veterans Fireworks Display. The deviation allows the bridges to remain in the closed position during the Salute to Veterans event to facilitate public safety.

NCUA is amending its rule on the assessment of the Federal credit union (FCU) operating fee by permitting FCUs to subtract investments made under the Credit Union System Investment Program (CU SIP) and the Credit Union Homeowners Affordability Relief Program (CU HARP) from their total assets; total assets is the basis on which the operating fee is currently calculated. The Board believes this amendment will remove a disincentive for some FCUs from participating in the CU SIP or the CU HARP.

The Coast Guard proposes to change the regulations that govern the operation of the US Route 9/Beesleys Point Bridge over Great Egg Harbor Bay, at mile 3.5, between Beesleys Point and Somers Point, NJ. This proposal would allow the drawbridge to operate on an advance notice basis during specific dates and times of the year. The proposed change would result in more efficient use of the bridge during dates and times of infrequent transit.

This regulation establishes an exemption from the requirement of a tolerance for residues of 2-propenoic acid, butyl ester, polymer with ethyl 2-propenoate and N-(hydroxymethyl)-2-propenamide (CAS Reg. No. 33438-19-6) when used as an inert ingredient in a pesticide chemical formulation. Rohm and Haas Chemicals LLC, submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of 2-propenoic acid, butyl ester, polymer with ethyl 2- propenoate and N-(hydroxymethyl)-2-propenamide on food or feed commodities.

This regulation establishes an exemption from the requirement of a tolerance for residues of Oxirane, 2-methyl-, polymer with oxirane, CAS Reg. No. 9003-11-6; when used as an inert ingredient in a pesticide chemical formulation under 40 CFR 180.960. BASF Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Oxirane, 2-methyl-, polymer with oxirane on food or feed commodities.

This regulation increases the tolerance for residues of glyphosate in or on cotton, gin byproducts. Cheminova, Inc requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This final rule announces NHTSA's determination that there are no new model year (MY) 2010 light duty truck lines subject to the parts-marking requirements of the Federal motor vehicle theft prevention standard because they have been determined by the agency to be high-theft or because they have a majority of interchangeable parts with those of a passenger motor vehicle line. This final rule also identifies those vehicle lines that have been granted an exemption from the parts-marking requirements because the vehicles are equipped with antitheft devices determined to meet certain statutory criteria.

In this document the Commission waives the deadline by which Sprint Nextel must complete relocation of the broadcast auxiliary service (BAS) to frequencies above 2025 MHz until February 8, 2010. The Commission also eliminates the requirement that MSS entrants to the 2000-2020 MHz band may not begin operations until the BAS incumbents in the top 30 markets by population and all fixed BAS links in the 1990- 2025 MHz band have been relocated. MSS entrants will be allowed to conduct operations in markets where the BAS incumbents have not been relocated only if they successfully coordinate with the BAS incumbents. In addition, the Commission waives the requirement that New ICO Satellite Services G.P. must first make available to the public commercial satellite service throughout its satellite's coverage area before it may commercially operate Ancillary Terrestrial Service (ATC) in conjunction with it satellite system.

The United States Nuclear Regulatory Commission (NRC) is proposing to amend its regulations that govern the export and import of nuclear equipment and material. In addition to updating, clarifying and correcting several provisions, this proposed rule would allow Category 1 and 2 quantities of materials listed in the Commission's regulations to be imported under a general license. The proposed rule would also revise the definition of ``radioactive waste'' and remove the definition of ``incidental radioactive material.''

We propose to adopt a new airworthiness directive (AD) for certain Boeing Model 747-100, 747-100B, 747-200B, 747-200C, 747-200F, and 747SR series airplanes. This proposed AD would require a one-time general visual inspection for missing fasteners in certain stringer-to- stringer clip joints at the station (STA) 760 through STA 940 frames, and related investigative and corrective actions if necessary. This proposed AD results from a report of broken and cracked frame shear ties, cracks on the frame doubler and frame web, and missing fasteners in the stringer (S)-10L stringer-to-stringer clip joint at the STA 820 frame. We are proposing this AD to detect and correct missing fasteners in the stringer-to-stringer clip joints, which could result in shear tie and skin cracks and rapid in-flight decompression of the airplane.

This document makes a correction to final special conditions, NE129, 33-007-SC, applicable to General Electric Company (GE) GEnx-2B67 and GEnx-2B69 model turbofan engines that was published in the Federal Register on April 24, 2009 (74 FR 18624). Two typographical errors occurred under the Background section and one typographical error under The Special Conditions section. This document corrects these errors. In all other respects, the original document remains the same.

This 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.

The Environmental Protection Agency (EPA) amends the EPA Acquisition Regulation (EPAAR) to update policy, procedures, and contract clauses. The proposed rule consolidates the EPAAR physical property clauses (Decontamination, Fabrication, and Government Property), re-designates the prescription number in the data clause, and updates the roles and responsibilities of the contractor, DCMA and CPC.

This final rule responds to petitions for reconsideration of a December 14, 2006 final rule establishing a new small adult female side impact crash test dummy, called the ``SID-IIs'' test dummy. The petitions were submitted by the Alliance of Automobile Manufacturers, First Technology Safety Systems, and Denton ATD. In response to the petitions, among other things today's final rule modifies the iliac performance criteria to allow a new material formulation and design to be used for the iliac wing of the dummy's pelvis, defines a time period in which accelerations are measured in the thorax with arm and pelvis acetabulum tests, slightly modifies some of the test procedures used in the qualification tests (e.g., by slightly lowering the impact speed of the impactor in two tests and by increasing the recovery time for the pelvis-iliac and pelvis-acetabulum tests), adjusts the performance corridors for the various impact tests of the dummy, and revises parts of the drawing package and the user's manual for the dummy.

NMFS announces closure of the primary season for the mothership sector of the Pacific whiting fishery at 10:00 p.m. local time (l.t.) June 1, 2009. The closure was necessary because the mothership sector was projected to reach its Pacific whiting harvest guideline. This action is authorized by regulations implementing the Pacific Coast Groundfish Fishery Management Plan (FMP), which governs the groundfish fishery off Washington, Oregon, and California. This action is intended to keep the harvest of Pacific whiting at the 2009 allocation levels.

EPA is reopening the comment period for a proposal published on May 8, 2009 (74 FR 21578). On May 8, 2009, EPA proposed to disapprove the ozone attainment demonstration portion of a comprehensive State Implementation Plan (SIP) revision submitted by the State of New Jersey to meet the Clean Air Act (CAA) requirements for attaining the 8-hour ozone national ambient air quality standard (NAAQS) in New Jersey. The comment period on this proposed action closed on June 8, 2009. Pursuant to requests from the State of New Jersey, EPA is reopening the comment period through August 7, 2009. EPA will consider all comments submitted on these proposed actions from May 8, 2009 through August 7, 2009.