August 2009 – Federal Register Recent Federal Regulation Documents

The FAA is proposing several changes to our pilot, flight instructor, and pilot school certification rules. The proposals include requiring pilot-in-command (PIC) proficiency checks for pilots who act as PIC of single piloted, turbojet-powered airplanes; allowing pilot applicants to apply for a private pilot certificate and an instrument rating concurrently; and making allowance in the rule to provide for the issuance of standard U.S. pilot certificates on the basis of an international licensing agreement between the FAA and a foreign civil aviation authority. The FAA has recently entered into such an agreement with the civil aviation authority of Canada. The FAA is also proposing to allow pilot schools to use Internet-based training programs without requiring schools to have a physical ground training facility. The FAA is proposing to allow pilot schools and provisional pilot schools to apply for a combined private pilot certification and instrument rating course. The FAA is also proposing to revise the definition of ``complex airplane.'' Because of changing technology in aviation, the results of successful research, and an international agreement, the FAA has determined these proposed changes to the pilot, flight instructor, and pilot school certification rules are necessary to ensure pilots are adequately trained and qualified to operate safely in the National Airspace System. The FAA has determined these proposals are needed to respond to changes in the aviation industry and to further reduce unnecessary regulatory burdens.

NMFS publishes Fraser River salmon inseason orders to regulate salmon fisheries in U.S. waters. NMFS maintains a telephone hotline to notify the public of these inseason orders. The telephone number for the hotline that is specified in the Code of Federal Regulations (CFR) is obsolete. This action corrects the language in the CFR to remove that number and specify that the correct telephone number for the hotline is included in the annual management measures for West Coast Salmon Fisheries, published in the Federal Register.

NMFS is prohibiting directed fishing for pollock in Statistical Area 620 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the C season allowance of the 2009 total allowable catch (TAC) of pollock for Statistical Area 620 in the GOA.

The Department of Labor (``Department'' or ``DOL'') is withdrawing its proposed rule governing DOL agencies' assessment of occupational health risks. The proposed rule sought to compile Department procedures related to risk assessment into a single regulation and included new requirements aimed at establishing consistent procedures intended to promote greater public input and awareness of the Department's health rulemakings.

The Commission is adding the Priority Mail Contract 15 to the Competitive Product List. This action is consistent with changes in a recent law governing postal operations. Republication of the lists of market dominant and competitive products is also consistent with new requirements in the law.

We are revising an earlier proposed airworthiness directive (AD) that applies to certain Hawker Beechcraft Corporation Models 1900, 1900C, and 1900D airplanes. The earlier NPRM would have required a one- time visual inspection and repetitive ultrasonic inspections of the left and right main landing gear (MLG) actuators for leaking and/or cracks with replacement of the actuator if leaking and/or cracks are found. The earlier NPRM resulted from reports of leaking and cracked actuators. This proposed AD would require the same actions as the earlier NPRM. Since the earlier NPRM, we have identified a MLG overhauled actuator part number and a MLG actuator approved by parts manufacturer approval (PMA) by identicality. We propose to expand the applicability to include airplanes equipped with these additional part numbers. Because this imposes an additional burden over that proposed in the earlier NPRM, we are reopening the comment period to allow the public the chance to comment on these additional MLG actuators.

The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a Department of Homeland Security U.S. Customs and Border Protection system of records entitled the ``Department of Homeland Security U.S. Customs and Border Protection015 Automated Commercial System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the Department of Homeland Security U.S. Customs and Border Protection015 Automated Commercial System from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of Department of Homeland Security U.S. Customs and Border Protection system of records entitled the ``Department of Homeland Security U.S. Customs and Border Protection011 TECS System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the Department of Homeland Security U.S. Customs and Border Protection011 TECS system from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a Department of Homeland Security U.S. Immigration and Customs Enforcement system of records entitled the ``Department of Homeland Security U.S. Immigration and Customs Enforcement009 External Investigations System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the Department of Homeland Security U.S. Immigration and Customs Enforcement009 External Investigations system from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a Department of Homeland Security U.S. Citizenship and Immigration Services system of records entitled the ``Department of Homeland Security U.S. Citizenship and Immigration Services006 Fraud Detection and National Security Data System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the Department of Homeland Security U.S. Citizenship and Immigration Services006 Fraud Detection and National Security Data system from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a Department of Homeland Security U.S. Coast Guard system of records entitled the ``Department of Homeland Security U.S. Coast Guard029 Notice of Arrival and Departure System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the Department of Homeland Security U.S. Coast Guard029 Notice of Arrival and Departure system from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a Department of Homeland Security U.S. Secret Service system of records entitled the ``Department of Homeland Security U.S. Secret Service003 Non-Criminal Investigation Information System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the Department of Homeland Security U.S. Secret Service003 Non- Criminal Investigation Information system from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a Department of Homeland Security U.S. Customs and Border Protection system of records entitled the ``Department of Homeland Security U.S. Customs and Border Protection012 Closed Circuit Television System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the Department of Homeland Security U.S. Customs and Border Protection012 Closed Circuit Television system from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a Department of Homeland Security U.S. Customs and Border Protection system of records entitled the ``Department of Homeland Security U.S. Customs and Border Protection014 Regulatory Audit Archive System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the Department of Homeland Security U.S. Customs and Border Protection014 Regulatory Audit Archive system from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a Department of Homeland Security U.S. Customs and Border Protection system of records entitled the ``Department of Homeland Security U.S. Customs and Border Protection 010 Persons Engaged in International Trade in Customs and Border Protection Licensed/Regulated Activities System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the DHS/CBP010 Persons Engaged in International Trade in Customs and Border Protection Licensed/Regulated Activities system from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

These special conditions are issued for Bombardier Inc. model CL-600-2B19, -2C10, -2D15 and -2D24 airplanes. These airplanes will have a novel or unusual design feature(s) associated with seats that include non-traditional, large, non-metallic panels that would affect survivability during a post-crash fire event. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

The American Association of State Highway and Transportation Officials (AASHTO) Manual for Condition Evaluation of Bridges, 1994, second edition (also referred to as ``the Manual''), together with the 2001 and 2003 Interim Revisions, is incorporated by reference in 23 CFR part 650, subpart E, approved by the Federal Highway Administration, and recognized as a national standard for bridge inspections and load rating. The purpose of this notice is to update the incorporation by reference language to incorporate the most recent version of the AASHTO Manual, now known as The Manual for Bridge Evaluation, First Edition, 2008.

The Department of Defense is publishing this proposed rule to implement the requirements enacted by Congress in Section 732 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 which changes the limit of the Government's share of providing certain benefits under the Extended Care Health Option (ECHO) from $2,500 per month to $36,000 per year, and for other non-legislated changes to the ECHO.

The Department of Defense is publishing this proposed rule to revise the definition of ``unlabeled or off-label drug'' to ``off-label use of a drug or device.'' This revision is consistent with the regulatory framework under the Federal Food, Drug, and Cosmetic Act. Additionally, this rule removes the partial list of examples of unproven drugs, devices, and medical treatments or procedures proscribed in TRICARE regulations. As it is determined that reliable evidence demonstrates that previously unproven drugs, devices, and medical treatments or procedures have proven medical effectiveness, TRICARE has removed them from the list and authorized medically necessary care. This revision removing the partial list is necessary as the list will never be completely current, and is only a partial list of examples. The removal of this partial list does not change or eliminate any benefits that are currently available under the TRICARE program.

The Coast Guard is updating its requirements for oil-spill removal equipment associated with vessel response plans and marine transportation-related facility response plans. This update is based on an ongoing review of these requirements conducted by the Coast Guard pursuant to our regulations. These changes will add requirements for new response technologies and revise methods and procedures for responding to oil spills upon the navigable waters of the United States, adjoining shorelines, and the exclusive economic zone. The Coast Guard is also revising the compliance date for updates of vessel response plans (VRPs) required by the Salvage and Marine Firefighting final rule. This extension of the compliance date will ensure that plan holders are not required to update their VRPs twice within a 12-month period.

Pursuant to the American Recovery and Reinvestment Act of 2009 (ARRA), this final rule establishes an option for arbitration under the Public Assistance program administered by the Federal Emergency Management Agency. Public Assistance grant award determinations related to Hurricanes Katrina and Rita under major disaster declarations DR- 1603, DR-1604, DR-1605, DR-1606, and DR-1607 are eligible for arbitration, within the limits set by this rule.

HUD is delaying the effective date of the rule entitled ``Refinement of Income and Rent Determination Requirements in Public and Assisted Housing Programs'' published in the Federal Register on January 27, 2009. The January 27, 2009, final rule, which was scheduled to become effective on September 30, 2009, will become effective on January 31, 2010. Today's action will provide the Department with the necessary additional time to review the subject matter of the January 27, 2009, final rule and to consider the public comments on HUD's February 11, 2009, Federal Register notice that solicited public comments on the regulatory amendments made by the January 27, 2009 final rule.

We propose to supersede Airworthiness Directive (AD) 91-18-19, which applies to certain Hawker Beechcraft Corporation (Hawker) (Type Certificate Numbers 3A15, 3A16, and A23CE formerly held by Raytheon Aircraft Company; formerly held by Beech Aircraft Corporation) Models 58, 58A, 58P, 58PA, 58TC, 58TCA, 95-B55, 95-B55A, A36, A36TC, B36TC, E55, E55A, F33A, and V35B airplanes. AD 91-18-19 currently requires you to do a one-time inspection of the pilot and copilot shoulder harnesses for an incorrect washer and replace any incorrect washer with the correct washer. Since we issued AD 91-18-19, we have found that the applicability of AD 91-18-19 was incorrectly stated when the Model A36TC airplane was omitted from the Applicability section. Consequently, this proposed AD would retain the actions and the serial number (SN) applicability of AD 91-18-19 and realign the SN applicability for Models A36TC and B36TC airplanes. We are proposing this AD to detect and correct an incorrect washer installed in the pilot and copilot shoulder harnesses. This failure could result in a malfunctioning shoulder harness. Such a failure could lead to occupant injury.