December 11, 2009 – Federal Register Recent Federal Regulation Documents

NMFS proposes revisions to the guidelines for National Standard 2 (NS2) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) regarding scientific information. This action is necessary to provide guidance on the use of best scientific information available (BSIA) for the effective conservation and management of the nation's marine living resources. NMFS proposes to modify the existing NS2 guidelines on BSIA and establish new guidelines for scientific peer review to ensure the reliability, credibility, and integrity of the scientific information used in fishery conservation and management measures. Further, NMFS is proposing to add language to the guidelines regarding the role of the Scientific and Statistical Committees (SSCs) of the Regional Fishery Management Councils (Councils), and the relationship of SSCs to the peer review process. The proposed NS2 guidelines will also clarify the content and purpose of the Stock Assessment and Fishery Evaluation (SAFE) Report and related documents. These actions are necessary to ensure the use of BSIA in the development of fishery management plans and plan amendments, as required by NS2 of the MSA. The intended effect of these actions is to ensure that scientific information, including its collection and analysis, has been validated through formal peer review or other appropriate review, is transparent, and is used appropriately by SSCs, Councils, and NMFS in the conservation and management of marine fisheries. These guidelines are designed to provide quality standards for the collection and provision of biological, ecological, economic, and sociological information to fishery managers, Councils, and the public, while recognizing regional differences in fisheries and their management.

EPA is proposing to allocate essential use allowances for import and production of Class I ozone-depleting substances (ODSs) for calendar year 2010. Essential use allowances enable a person to obtain controlled Class I ODSs through an exemption to the regulatory ban on the production and import of these chemicals, which became effective as of January 1, 1996. EPA allocates essential use allowances for production or import of a specific quantity of Class I substances solely for the designated essential purpose. The proposed allocation in this action is 30.0 metric tons (MT) of chlorofluorocarbons (CFCs) for use in metered dose inhalers (MDIs) for 2010.

PHMSA is confirming the effective date of its direct final rule, published under Docket No. PHMSA-2009-0238 (HM-224G) on October 15, 2009, to amend the Hazardous Materials Regulations by revising the quantity limitation from 25 kg ``gross'' to 25 kg ``net'' for packages of chemical oxygen generators transported aboard cargo aircraft only. The direct final rule stated that it would become effective on November 16, 2009 unless an adverse comment or notice of intent to file an adverse comment was received by November 16, 2009. PHMSA did not receive any adverse comments or notice of intent to file an adverse comment to its October 15, 2009 direct final rule.

The Food and Drug Administration (FDA) is extending to January 29, 2009, the comment period for the proposed rule that appeared in the Federal Register of October 1, 2009. In the proposed rule, FDA requested comments on postmarketing safety reporting requirements for combination products. The agency is taking this action in response to requests for an extension to allow interested persons additional time to submit comments.

This supplemental NPRM revises an earlier proposed airworthiness directive (AD), for Honeywell International Inc. TFE731 series turbofan engines with certain second stage low-pressure compressor rotor (LPCR) discs and/or certain third stage LPCR discs installed. That proposed AD would have required removing from service certain second stage LPCR discs and/or certain third stage LPCR discs. That proposed AD resulted from a report of cracks found during a fluorescent penetrant inspection (FPI) of the disc bore. This supplemental NPRM revises the proposed AD to correct a P/N error, to clarify the applicability, and to clarify the instructions in the compliance section. This supplemental proposed AD results from a report of cracks found during an FPI of the disc bore. We are proposing this supplemental proposed AD to prevent an uncontained failure of a second stage LPCR disc and or a third stage LPCR disc due to cracks in the bore, which could result in damage to the airplane.

We are adopting a new airworthiness directive (AD) for the BHTC Model 407 and Model 427 helicopters. This AD results from mandatory continuing airworthiness information (MCAI) ADs issued by the aviation authority of Canada. The MCAI ADs state that some hydraulic pump driveshaft assemblies may have been delivered with a missing internal plug or fastening rivet. This condition, if not corrected, could result in a loss of hydraulic pressure and subsequent loss of control of the helicopter.

This document publishes in the Federal Register an amendment adopting Airworthiness Directive (AD) 2009-09-51, which was sent previously to all known U.S. owners and operators of Eurocopter France (Eurocopter) Model EC225LP helicopters by individual letters. This AD requires, before further flight, determining if the ``CHIP'' detector light on the instrument panel (Vehicle Monitoring System Screen) previously illuminated. If the ``CHIP'' detector light did illuminate and it illuminated because of a metal particle on the magnetic plug of the epicyclic reduction gear module (module) of the main gearbox (MGB), or if you cannot determine from the maintenance records which chip detector caused the ``CHIP'' detector light to illuminate or whether the detector light stayed illuminated after the ``CHIP'' detector switch was turned to the ``CHIP PULSE'' setting, replacing the module with an airworthy module is required before further flight. Also required before further flight is inspecting the MGB module magnetic chip detector electrical circuit and determining whether the system is functioning properly, including whether the ``CHIP'' detector light annunciates on the instrument panel (Vehicle Monitoring System Screen). Finally, this AD requires replacing the module with an airworthy module if the ``CHIP'' detector light illuminates, stays illuminated after the ``CHIP'' detector switch is turned to the ``CHIP PULSE'' setting, and you determine that a metal particle on the module magnetic plug caused that illumination. This amendment is prompted by a mandatory continuing airworthiness information (MCAI) AD issued by the European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community. EASA notified us of an accident that occurred April 1, 2009 on a Eurocopter Model AS332L2 helicopter and EASA advises that the ``cause of the accident seems to be connected with degradation of the epicyclic module of the MGB, the root cause of which is still to be determined.'' The actions specified by this AD are intended to prevent failure of the MGB and subsequent loss of control of the helicopter.

This action modifies Jet Route J-20 by terminating the route at the Orlando, FL, very high frequency omnidirectional range/tactical air navigation (VORTAC) facility, thereby eliminating a portion of J-20 that is no longer needed. This action will ensure the efficient use of airspace within the National Airspace System (NAS).

EPA is making an interim final determination to provide an additional stay of the regulations concerning the inclusion of fugitive emissions.

The Energy Policy and Conservation Act (EPCA) prescribes energy conservation standards for various consumer products and commercial and industrial equipment, including residential water heaters, direct heating equipment (DHE), and pool heaters. EPCA also requires the U.S. Department of Energy (DOE) to determine whether more stringent, amended standards for these products would be technologically feasible and economically justified, and would save a significant amount of energy. In this notice, DOE is proposing amended energy conservation standards for residential water heaters (other than tabletop and electric instantaneous models), gas-fired DHE, and gas- fired pool heaters. DOE also is announcing a public meeting to receive comment on these proposed standards and associated analyses and results.