June 2009 – Federal Register Recent Federal Regulation Documents

The Chief of Naval Operations (CNO) Executive Panel will report on the findings and recommendations to the Chief of Naval Operations of the Subcommittee on the Navy's Industrial Baseline in the Economic Downturn. The matters to be discussed during the meeting have been divided into Open and Closed matters.

Section 104(d) of the Consumer Product Safety Improvement Act of 2008 (``CPSIA'') requires the United States Consumer Product Safety Commission (``Commission'') to promulgate a final consumer product safety rule requiring each manufacturer of a durable infant or toddler product to: Provide with each product a postage-paid consumer registration form; keep records of consumers who register such products with the manufacturer; and permanently place the manufacturer name and contact information, model name and number, and the date of manufacture on each such product. The Commission is proposing requirements that would fulfill this statutory direction.

The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 8613, Return of Excise Tax on Undistributed Income of Regulated Investment Companies.

The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13(44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 5306, Application for Approval of Prototype or Employer Sponsored Individual Retirement Account.

We, the U.S. Fish and Wildlife Service (Service), propose to list the Georgia pigtoe mussel (Pleurobema hanleyianum), interrupted rocksnail (Leptoxis foremani), and rough hornsnail (Pleurocera foremani), as endangered species under the Endangered Species Act of 1973, as amended (Act). The Georgia pigtoe, interrupted rocksnail, and rough hornsnail are endemic to the Coosa River drainage within the Mobile River Basin of Alabama, Tennessee, and Georgia. These three species have disappeared from large portions of their natural ranges due to extensive construction of dams that eliminated or reduced water currents and caused changes in habitat and water quality. The surviving populations are small, localized, and highly vulnerable to water quality and habitat deterioration.

The Manufacturing Council will hold an introductory meeting with the Secretary of Commerce to discuss topics related to the U.S. manufacturing sector.

In accordance with the requirements of the Privacy Act of 1974, as amended, 5 U.S.C. 552a, the Office of Thrift Supervision (OTS), Treasury, is publishing its inventory of Privacy Act systems of records.

The Food and Drug Administration (FDA) is announcing the availability of a draft guidance for industry entitled ``Guidance for

The National Marine Fisheries Service's (NMFS) Northwest Region has drafted guidance on monitoring the recovery of Pacific Northwest salmon and steelhead listed under the Endangered Species Act (ESA). This draft Pacific Northwest monitoring guidance is intended to assist NMFS' recovery partners in Oregon, Washington, and Idaho in understanding the recovery monitoring needs under the ESA. NMFS' Northwest Region is soliciting public review and comment on the draft Pacific Northwest monitoring guidance.

This rule makes non-substantive, technical changes to Titles 33 and 46 of the CFR to reflect the authorization and establishment of the Coast Guard Suspension and Revocation National Center of Expertise (S&R NCOE). The S&R NCOE is responsible for performing suspension and revocation functions regarding Merchant Mariner Credentials. Investigating Officers (IOs), both military and civilian employees, are assigned to the S&R NCOE for this purpose. These changes affect internal Coast Guard organization and functioning only and will have no substantive effect on mariners or other members of the public.

The Regional Administrator, Southwest Region, NMFS, has made a preliminary determination that an application for an Exempted Fishing Permit (EFP) warrants further consideration. The application was submitted by members of the Pacific sardine fishing industry and requests an exemption from commercial quotas in order to conduct a survey to obtain a estimate of the population of Pacific sardine. NMFS requests public comment on the application.

The Coast Guard proposes a safety zone upon the navigable waters of the Pacific Ocean, San Diego, CA, in support of a paddling regatta near the Ocean Beach Pier. 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 FAA is superseding an existing airworthiness directive (AD), which applies to certain Boeing Model 747 airplanes. That AD currently requires repetitive inspections to detect evidence of wear damage in the area at the interface between the vertical stabilizer seal and fuselage skin, and corrective actions, if necessary. The existing AD also provides for an optional terminating action for the repetitive inspections. For all Boeing Model 747-100, 747-100B, 747- 100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and 747SP series airplanes, this new AD requires repetitive inspections for wear damage and cracks of the fuselage skin in the interface area of the vertical stabilizer seal and fuselage skin, a detailed inspection for wear damage and cracks of the surface of any skin repair doubler in the area, and corrective actions if necessary. For airplanes on which the fuselage skin has been blended to remove wear damage, this new AD requires repetitive external detailed inspections or high frequency eddy current inspections for cracks of the blended area of the fuselage skin, and corrective actions if necessary. This AD results from reports of wear damage on airplanes with fewer than 8,000 total flight cycles. In addition, there have been three reports of skin wear damage on airplanes that applied Boeing Material Specifications 10-86 Teflon-filled coating (terminating action per the existing AD). We are issuing this AD to detect and correct wear damage and cracks of the fuselage skin in the interface area of the vertical stabilizer seal and fuselage skin in sections 46 and 48, which could cause in-flight depressurization of the airplane.

We are adopting a new airworthiness directive (AD) for the products listed above, on which the exhaust thermal insulation has been replaced since January 1, 1995. 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:

EPA is making a determination under the Clean Air Act (CAA) that the Detroit-Ann Arbor nonattainment area has attained the 8-hour ozone National Ambient Air Quality Standard (NAAQS). The Detroit-Ann Arbor area includes Lenawee, Livingston, Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties. This determination is based on quality-assured ambient air quality monitoring data for the 2006-2008 ozone seasons that demonstrate that the 8-hour ozone NAAQS has been attained in the area. EPA is approving a request from the State of Michigan to redesignate the Detroit-Ann Arbor area to attainment of the 8-hour ozone NAAQS. The Michigan Department of Environmental Quality (MDEQ) submitted this request on March 6, 2009. In approving this request, EPA is also approving, as a revision to the Michigan State Implementation Plan (SIP), the State's plan for maintaining the 8-hour ozone NAAQS in the area through 2020. EPA is approving the 2005 base year emissions inventory for the Detroit-Ann Arbor area as meeting the requirements of section 182(a)(1) of the CAA. EPA also finds adequate and is approving the State's 2020 Motor Vehicle Emission Budgets (MVEBs) for the Detroit-Ann Arbor area. EPA proposed these actions on April 23, 2009. EPA provided a 30-day review and comment period, which closed on May 26, 2009. EPA received comments in support of the redesignation from Consumers Energy and the Southeast Michigan Council of Governments. EPA received no comments in opposition to the proposal.

The FAA is superseding an existing airworthiness directive (AD), which applies to certain Fokker Model F.28 Mark 0100 airplanes. That AD currently requires revisions to the airplane flight manual (AFM) to include procedures to prohibit use of reverse engine thrust power settings between idle and emergency maximum and to prohibit stabilized engine operation in a certain engine speed range on the ground. This new AD continues to require revising the AFM to include certain procedures. This AD also requires removing the normal maximum (second) detent for the reverse-thrust control. In addition, this AD requires revising the AFM to prohibit use of reverse thrust in flight and to limit operation of Max Reverse thrust. This AD results from issuance of mandatory continuing airworthiness information (MCAI) 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 inadvertent operation in the prohibited stabilized engine speed range on the ground, which could result in uncontained engine fan blade failure due to high cycle fatigue cracking.

In the interest of providing seafarers with clear, concise, and accurate information on the health effects of certain toxic substances, the International Maritime Organization (IMO) recently amended the International Convention for the Safety of Life at Sea (SOLAS), 1974, to require Material Safety Data Sheets (MSDSs) for ships carrying oil or oil fuel as defined in regulation 1 of Annex I of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL). Once accepted by member States in accordance with Article VIII of SOLAS, and effective January 1, 2011, SOLAS will require that each ship subject to SOLAS and carrying oil or oil fuel as defined in MARPOL must be provided with MSDSs prior to loading such oil as cargo in bulk or oil fuel. Additionally, the IMO has recommended a format and content for the MSDSs, and that recommendation becomes effective July 1, 2009; the Coast Guard encourages this recommended format, which is set out below.