2009 – Federal Register Recent Federal Regulation Documents

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.

Patent applications on the inventions listed below assigned to the National Aeronautics and Space Administration, have been filed in the United States Patent and Trademark Office, and are available for licensing.

The Coast Guard proposes a safety zone upon the navigable waters of San Diego Bay in San Diego, CA in support of the San Diego Parade of Lights Fireworks. This safety zone is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other 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.

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.

Under the provisions of Section 3507(a)(1)(D) of the Paperwork Reduction Act of 1995, the National Institute of Allergy and Infectious Diseases (NIAID), the National Institutes of Health (NIH) has submitted to the Office of Management and Budget (OMB) a request to review and approve the information collection listed below. This proposed information collection was previously published in the Federal Register on October 16, 2009, pages 53259-53260 and allowed 60 days for public comment. Three public comments were received and responses were sent to each person. The purpose of this notice is to allow an additional 30 days for public comment. The National Institutes of Health may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised, or implemented on or after October 1, 1995, unless it displays a currently valid OMB control number.

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).

More than 14 years ago, the Department of State issued to the Union Pacific Railroad/Missouri Pacific Railroad Company, a Presidential permit for an international rail bridge at Laredo, Texas. To date, the permit remains unused. The Department and other Federal agencies are currently evaluating whether to revoke, modify, or retain as written this long-unused permit given the change of circumstances in the project area, development of nearby projects, inaction by the permittee, and apparent lack of interest in pursuing the corresponding projects in Mexico. The review is not a judgment regarding either the need for a new bridge or the merits of Union Pacific Railroad/Missouri Pacific Railroad Company's (UP) plan, but rather represents a recognition that the project for which this permit was issued has gone unimplemented longer than similar projects and, due to the passage of time, may no longer be viable. UP provided a project status update, which is included in the SUPPLEMENTARY INFORMATION section below.

This notice announces the availability of the Final Environmental Impact Statement (FEIS) and Section 4(f) Evaluation for the DIFT. This action is pursuant to the National Environmental Policy Act (NEPA) of 1969, 42 U.S.C. 4321 et seq, as amended and the Council on Environmental Quality Regulations (40 CFR Parts 1500-1508). The FEIS identifies the Preferred Alternative to enhance the intermodal freight terminal at the Livernois-Junction Yard in Detroit, Michigan; describes the environmental impacts of the proposed project and proposed

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.

This notice sets forth the schedule and summary agenda for a partially closed meeting of the President's Council of Advisors on Science and Technology (PCAST), and describes the functions of the Council. Notice of this meeting is required under the Federal Advisory Committee Act (FACA), 5 U.S.C., App.

The Office of Personnel Management (OPM) is amending its regulations to implement certain training and development requirements contained in the Federal Workforce Flexibility Act of 2004 (Pub. L. 108-411) and to make other revisions in OPM regulations. The Act makes several significant changes in the law governing the training and development of Federal employees, supervisors, managers, and executives. The first change requires each agency to: evaluate, on a regular basis, its training programs and plans with respect to the accomplishment of its specific performance plans and strategic goals, and modify its training plans and programs as needed to accomplish the agency's performance plans and strategic goals. Public Law 108-411 requires agencies to consult with OPM to establish comprehensive management succession programs designed to provide training to employees to develop managers for the agency. It also requires agencies, in consultation with OPM, to establish programs to provide training to managers regarding actions, options, and strategies a manager may use in relating to employees with unacceptable performance, mentoring employees, improving employee performance and productivity, and conducting employee performance appraisals. Another change we are including, not related to the Act, is the removal of the extension for submitting training data. This change is the result of a policy decision by OPM as the extension request is no longer validrequests were only granted up to December 2007.

NMFS issues this proposed rule to supplement the regulations implementing Amendment 29 to the Fishery Management Plan for Reef Fish Resources of the Gulf of Mexico (FMP), as prepared and submitted by the Gulf of Mexico Fishery Management Council (Council). Amendment 29 established a multi-species individual fishing quota (IFQ) program for the grouper and tilefish component of the commercial sector of the reef fish fishery in the Gulf of Mexico (Gulf) exclusive economic zone. This proposed rule would remove several measures constraining harvest of shallow-water grouper species that were inadvertently not removed in the final rule for Amendment 29, further clarify existing criteria for approval of new landing locations for both the red snapper IFQ program and grouper and tilefish IFQ program, and provide a definition of ``offloading'' in the codified text for IFQ participants. This proposed rule also discusses two options considered by the Council. NMFS is seeking comment on one of these options, which would give IFQ fishermen the option to provide a headcount of the fish on board at the time of landing. The intent of this proposed rule is to enhance IFQ program enforcement capabilities, reduce confusion for IFQ participants offloading their fish, and allow for more efficient functioning of the IFQ programs for red snapper and groupers and tilefishes.

This rule increases the rail equipment accident/incident reporting threshold from $8,900 to $9,200 for certain railroad accidents/incidents involving property damage that occur during calendar year 2010. This action is needed to ensure that FRA's reporting requirements reflect cost increases that have occurred since the reporting threshold was last computed in December of 2008.

On August 5, 2009, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on certain hot-rolled carbon steel flat products (hot-rolled steel) from Thailand. The period of review is November 1, 2007, through October 31, 2008. We received comments from interested parties, but have made no changes to the margin for the final results. The final margin for the respondent is listed below in the section entitled ``Final Results of Review.''

On October 2, 2009, the Department of Commerce (the Department) published in the Federal Register the preliminary results of the new shipper review of the antidumping duty order on certain preserved mushrooms from the People's Republic of China (PRC) for Linyi City Kangfa Foodstuff Drinkable Co., Ltd. (Kangfa). See Certain Preserved Mushrooms From the People's Republic of China: Preliminary Results of Antidumping Duty New Shipper Review, 73 FR 50946 (October 2, 2009) (Preliminary Results). We gave interested parties an opportunity to comment on the Preliminary Results, and received no comments. We also made no changes to the preliminary results for these final results. Therefore, the final results do not differ from the preliminary results.