February 23, 2010 – Federal Register Recent Federal Regulation Documents

Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod for American Fisheries Act Catcher-Processors Using Trawl Gear in the Bering Sea and Aleutian Islands Management Area
Document Number: 2010-3569
Type: Rule
Date: 2010-02-23
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific cod by American Fisheries Act (AFA) trawl catcher-processors in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the A season allowance of the 2010 Pacific cod total allowable catch (TAC) specified for AFA trawl catcher-processors in the BSAI.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Catching Pacific Cod for Processing by the Inshore Component in the Western Regulatory Area of the Gulf of Alaska
Document Number: 2010-3568
Type: Rule
Date: 2010-02-23
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific cod by vessels catching Pacific cod for processing by the inshore component in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allocation of the 2010 total allowable catch (TAC) of Pacific cod apportioned to vessels catching Pacific cod for processing by the inshore component of the Western Regulatory Area of the GOA.
Airworthiness Directives; Hawker Beechcraft Corporation (Type Certificate No. A00010WI Previously Held by Raytheon Aircraft Company) Model 390 Airplanes
Document Number: 2010-3538
Type: Proposed Rule
Date: 2010-02-23
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Hawker Beechcraft Corporation Model 390 airplanes. This proposed AD would require you to inspect the essential bus lightning strike protection for proper installation of metal oxide varistor (MOV) and spark gap wiring. This proposed AD would also require you to rework the wiring as necessary to achieve the required lightning strike/surge protection. This proposed AD results from a report that the wires to the MOV and spark gap were swapped. We are proposing this AD to detect and correct improper installation of the MOV and spark gap wiring, which could result in overload of the MOV in a lightning strike and allow electrical energy to continue to the essential bus and disable equipment that receives power from the essential bus. The disabled equipment could include the autopilot, anti-skid system, hydraulic indicator, spoiler system, pilot primary flight display, audio panel, or the 1 air data computer. This failure could lead to a significant increase in pilot workload during adverse operating conditions.
Revisions to the California State Implementation Plan, Imperial County Air Pollution Control District
Document Number: 2010-3513
Type: Proposed Rule
Date: 2010-02-23
Agency: Environmental Protection Agency
EPA is proposing a limited approval and limited disapproval of revisions to the Imperial County Air Pollution Control District (ICAPCD) portion of the California State Implementation Plan (SIP). These revisions concern coarse particulate matter (PM10) emissions from sources of fugitive dust such as construction sites, unpaved roads, and disturbed soils in open and agricultural areas. We are proposing action on local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.
Airworthiness Directives; Thielert Aircraft Engines GmbH (TAE) Models TAE 125-01 and TAE 125-02-99 Reciprocating Engines Installed in, But Not Limited to, Diamond Aircraft Industries Model DA 42 Airplanes
Document Number: 2010-3484
Type: Proposed Rule
Date: 2010-02-23
Agency: Federal Aviation Administration, Department of Transportation
This supplemental NPRM revises an earlier proposed airworthiness directive (AD) for the products listed above. This proposed AD results from additional 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: Engine in-flight shutdown incidents have been reported on Diamond Aircraft Industries DA 42 airplanes equipped with TAE 125 engines. The investigations showed that it was mainly the result of failure of the Proportional Pressure Reducing Valve (PPRV) (also known as Propeller Control Valve) due to high vibrations. This condition, if not corrected, could lead to further cases of engine in-flight shutdown, possibly resulting in reduced control of the aircraft. Since the release of European Aviation Safety Agency (EASA) AD 2008-0145, the engine gearbox has been identified as the primary source of vibrations for the PPRV, and it has also been determined that failure of the electrical connection to the PPRV could have contributed to some power loss events or in-flight shutdowns. We are proposing this AD to prevent engine in-flight shutdown, possibly resulting in reduced control of the aircraft.
Energy Conservation Standards for Residential Clothes Dryers and Room Air Conditioners: Public Meeting and Availability of the Preliminary Technical Support Document
Document Number: 2010-3479
Type: Proposed Rule
Date: 2010-02-23
Agency: Department of Energy
The U. S. Department of Energy (DOE) will hold a public meeting to discuss and receive comments on the product classes that DOE plans to analyze for purposes of amending energy conservation standards for residential clothes dryers and room air conditioners; the analytical framework, models, and tools that DOE is using to evaluate standards for these products; the results of preliminary analyses performed by DOE for these products; and potential energy conservation standard levels derived from these analyses that DOE could consider for these products. DOE also encourages written comments on these subjects. To inform stakeholders and facilitate this process, DOE has prepared an agenda, a preliminary Technical Support Document (TSD), and briefing materials, which are available at:
Blueberry Promotion, Research, and Information Order; Withdrawal of a Proposed Rule
Document Number: 2010-3478
Type: Proposed Rule
Date: 2010-02-23
Agency: Agricultural Marketing Service, Department of Agriculture
This action withdraws a proposed rule published in the Federal Register on July 27, 2009 (74 FR 36955), to amend the Blueberry Promotion, Research, and Information Order (Order) by increasing the assessment rate on producers and importers who produce or import more than 2,000 pounds of highbush blueberries annually from $12 to $24 per ton. The Order is administered by the U.S. Highbush Blueberry Council (Council). Assessments are used by the Council to fund a nationally coordinated program of research, development, advertising, and promotion of highbush blueberries in the marketplace. The Council recommended increasing the assessment rate to expand its promotional and research activities to bridge the potential gap between demand and future supply. Several comments were received in opposition to the proposed increase in assessment rate. Accordingly, based upon comments received, the proposed rule is being withdrawn.
Kiwifruit Grown in California; Secretary's Decision and Referendum Order on Proposed Amendments to Marketing Order No. 920
Document Number: 2010-3477
Type: Proposed Rule
Date: 2010-02-23
Agency: Agricultural Marketing Service, Department of Agriculture
This decision proposes amendments to Marketing Order No. 920 (order), which regulates the handling of kiwifruit grown in California, and provides growers with the opportunity to vote in a referendum to determine if they favor the changes. The amendments are based on proposals by the Kiwifruit Administrative Committee (committee), which is responsible for local administration of the order. These proposed amendments would redefine the districts into which the production area is divided and reallocate committee membership among the districts, revise committee nomination and selection procedures, authorize the committee to conduct research and promotion programs, and revise committee meeting and voting procedures. The proposals are intended to improve the operation and administration of the order and provide the industry with additional tools for the marketing of kiwifruit.
New Postal Product
Document Number: 2010-3475
Type: Rule
Date: 2010-02-23
Agency: Postal Regulatory Commission, Agencies and Commissions
The Commission is adding Express Mail Contract 8 to the Competitive Product List. This action is consistent with a postal reform law. Republication of the Product Lists is also consistent with a statutory provision.
Safety Zone; Wicomico Community Fireworks, Great Wicomico River, Mila, VA
Document Number: 2010-3474
Type: Proposed Rule
Date: 2010-02-23
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes establishing a safety zone on the Great Wicomico River in the vicinity of Mila, VA in support of the Wicomico Community Fireworks event. This action is intended to restrict vessel traffic movement on the Great Wicomico River to protect mariners from the hazards associated with fireworks displays.
Blueberry and Hass Avocado Promotion, Research, and Information Orders; Section 610 Reviews
Document Number: 2010-3446
Type: Proposed Rule
Date: 2010-02-23
Agency: Agricultural Marketing Service, Department of Agriculture
This document announces the Agricultural Marketing Service's (AMS) plans to review the Blueberry and Hass Avocado Promotion, Research, and Information Orders (Orders). Both reviews will be conducted under criteria contained in Section 610 of the Regulatory Flexibility Act (RFA).
Airworthiness Directives; Airbus A318, A319, A320, A321 Series Airplanes
Document Number: 2010-3442
Type: Proposed Rule
Date: 2010-02-23
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated 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: Several occurrences of loss of the AC [alternating current] BUS 1 have been reported which led in some instances to the loss of the AC ESS [essential] BUS and DC [direct current] ESS BUS and connected systems. The affected systems include multiple flight deck Display Units (Primary Flight Display, Navigation Display and Upper Electronic Centralised Aircraft Monitoring display). The loss of multiple display units, if not corrected expediently during a high workload period, potentially affects the capability of the flight crew and could contribute to a loss of situational awareness and consequent control of the aeroplane, which would constitute an unsafe condition.
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135 and -145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP Airplanes
Document Number: 2010-3441
Type: Proposed Rule
Date: 2010-02-23
Agency: Federal Aviation Administration, Department of Transportation
We are revising an earlier NPRM for the products listed above. This action revises the earlier NPRM by expanding the scope. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated 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:
Changes in Flood Elevation Determinations
Document Number: 2010-3440
Type: Rule
Date: 2010-02-23
Agency: Federal Emergency Management Agency, Department of Homeland Security
This interim rule lists communities where modification of the Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents.
Changes in Flood Elevation Determinations
Document Number: 2010-3428
Type: Rule
Date: 2010-02-23
Agency: Federal Emergency Management Agency, Department of Homeland Security
This interim rule lists communities where modification of the Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents.
Use of Community Development Loans by Community Financial Institutions To Secure Advances; Secured Lending by Federal Home Loan Banks to Members and Their Affiliates; Transfer of Advances and New Business Activity Regulations
Document Number: 2010-3407
Type: Proposed Rule
Date: 2010-02-23
Agency: Federal Housing Finance Board, Agencies and Commissions, Federal Housing Finance Agency
Section 1211 of the Housing and Economic Recovery Act of 2008 (HERA) amended the Federal Home Loan Bank Act (Bank Act) to expand the types of eligible collateral that community financial institution (CFI) members may pledge to secure Federal Home Loan Bank (Bank) advances to include secured loans for community development activities and to allow Banks to make long-term advances to CFI members for purposes of financing community development activities. Section 1211 further provides that the Federal Housing Finance Agency (FHFA) shall define the term ``community development activities'' by regulation. Consequently, FHFA is proposing to amend the advances regulations to allow CFI members to pledge secured loans for community development activities as eligible collateral for advances, to provide that CFI members may use long term advances to fund community development activities and to define ``community development,'' ``community development loan,'' and other related terms necessary to implement these provisions. The proposal would also transfer the advances and new business activities regulations from the Federal Housing Finance Board (FHFB) regulations to the FHFA regulations, and make other conforming amendments. Finally, the proposed rule would also make a change to the advances regulation which would incorporate a long-standing policy previously established by the FHFB that any form of secured lending by a Bank to a member of the Federal Home Loan Bank System (Bank System) is deemed to be an advance. The proposed rule would extend that policy to cover secured lending transactions by a Bank to affiliates of members.
2010 Rates for Pilotage on the Great Lakes
Document Number: 2010-3396
Type: Rule
Date: 2010-02-23
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is increasing the rates for pilotage service on the Great Lakes by an average of 5.07% to generate sufficient revenue to cover allowable expenses, target pilot compensation, and return on investment. This increase reflects an August 1, 2010, increase in benchmark contractual wages and benefits and an adjustment for inflation. This rulemaking promotes the Coast Guard strategic goal of maritime safety.
Serve America Act Amendments to the National and Community Service Act of 1990
Document Number: 2010-3385
Type: Proposed Rule
Date: 2010-02-23
Agency: Corporation for National and Community Service, Agencies and Commissions
On April 21, 2009, President Obama signed into law the Edward M. Kennedy Serve America Act (``The Serve America Act'' or ``SAA''). The Serve America Act reauthorizes and expands national service programs administered by the Corporation for National and Community Service (``the Corporation'') by amending the National and Community Service Act of 1990 (``NCSA'' or ``the Act'') and the Domestic Volunteer Service Act of 1973 (``DVSA''). The Corporation publishes this proposed rule to implement changes to the operation of the National Service Trust under the Serve America Act. This proposed rule provides flexibility for exceptions to the 80 percent cost reimbursement requirement for Senior Companion and Foster Grandparent programs based on hardship. In addition, this proposed rule reorders and renumbers certain parts of the existing regulations, adds new definitions, and makes several minor technical edits.
Procedures to Govern the Use of Satellite Earth Stations on Board Vessels in the 5925-6425 MHz/3700-4200 MHz Bands and 14.0-14.5 GHz/11.7-12.2 GHz Bands
Document Number: 2010-3381
Type: Rule
Date: 2010-02-23
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection requirements associated with Sections 25.221(b)(1)(i) through (iii), 25.222(b)(1)(i) through (iii), 25.221(b)(1)(iv)(A), (B), 25.222(b)(1)(iv)(A), (B), 25.221(b)(2)(i) through (v), 25.222(b)(2)(i) through (v), 25.221(b)(4) and 25.222(b)(4) of the Commission's rules, and that these rules will take effect as of the date of this notice. On September 15, 2009, the Commission published the summary document of the Order on Reconsideration, In the Matter of Procedures to Govern the Use of Satellite Earth Stations on Board Vessels in the 5925-6425 MHz/3700-4200 MHz Bands and 14.0-14.5 GHz/11.7-12.2 GHz, IB Docket No. 02-10, FCC 09-63, at 74 FR 47100. This published item stated that the Commission will publish a notice in the Federal Register announcing when OMB approval for the rule sections which contain information collection requirements has been received and when the revised rules will take effect. This notice is consistent with the statement in the published summary document of the Order on Reconsideration.
Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/ALL-027 The History of the Department of Homeland Security System of Records
Document Number: 2010-3361
Type: Proposed Rule
Date: 2010-02-23
Agency: Office of the Secretary, Department of Homeland Security
The Department of Homeland Security is giving concurrent notice of an updated and reissued system of records pursuant to the Privacy Act of 1974 for the Department of Homeland Security/ALL-027 The History of the Department of Homeland Security System of Records and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security Transportation Security Administration-023 Workplace Violence Prevention Program System of Records
Document Number: 2010-3360
Type: Proposed Rule
Date: 2010-02-23
Agency: Office of the Secretary, Department of Homeland Security
The Department of Homeland Security is giving concurrent notice of a newly established system of records pursuant to the Privacy Act of 1974 for the Department of Homeland Security Transportation Security Administration-023 Workplace Violence Prevention Program System of Records and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Elimination of the Commission's Rules Governing International Fixed Public Radiocommunication Services
Document Number: 2010-3262
Type: Rule
Date: 2010-02-23
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communications Commission (FCC) adopts the proposal in the Notice of Proposed Rulemaking in this proceeding, to eliminate that portion of the Commission's rules governing International Fixed Public Radiocommunication Services (IFPRS). The elimination of these rules is to facilitate coordination of facilities and services in the C-band (3700-4200 MHz and 5926-6425 MHz).
Airworthiness Directives; Airbus Model A310-203, -221, -222 Airplanes; and Model A300 F4-605R and -622R Airplanes
Document Number: 2010-3222
Type: Rule
Date: 2010-02-23
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated 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:
Airworthiness Directives; SCHEIBE-Flugzeugbau GmbH Model SF 25C Gliders
Document Number: 2010-3186
Type: Rule
Date: 2010-02-23
Agency: Federal Aviation Administration, Department of Transportation
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:
Airworthiness Directives; Augustair, Inc. Models 2150, 2150A, and 2180 Airplanes
Document Number: 2010-3185
Type: Rule
Date: 2010-02-23
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for all Augustair, Inc. Models 2150, 2150A, and 2180 airplanes. This AD requires you to inspect the vertical stabilizer front spar for cracks and loose fasteners, repair any cracks and loose fasteners found, and reinforce the vertical stabilizer spar regardless if cracks are found. This AD results from six reports of airplanes with a cracked vertical stabilizer front spar. We are issuing this AD to detect and correct cracks in the vertical stabilizer front spar, which could result in separation of the vertical stabilizer from the airplane. This failure could lead to loss of control.
Airworthiness Directives; Airbus Model A380-841, -842, and -861 Airplanes
Document Number: 2010-3121
Type: Rule
Date: 2010-02-23
Agency: Federal Aviation Administration, Department of Transportation
The FAA is superseding an existing airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated 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:
Airworthiness Directives; Extra Flugzeugproduktions- und Vertriebs- GmbH Models EA-300/200 and EA-300/L Airplanes
Document Number: 2010-3120
Type: Rule
Date: 2010-02-23
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. 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:
Airworthiness Directives; Airbus Model A330-200 Series Airplanes and Model A340-200 and -300 Series Airplanes
Document Number: 2010-3119
Type: Rule
Date: 2010-02-23
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated 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:
Airworthiness Directives; Thielert Aircraft Engines GmbH (TAE) Model TAE 125-01 Reciprocating Engines
Document Number: 2010-3117
Type: Rule
Date: 2010-02-23
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. 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:
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 190-100 LR, -100 IGW, -100 STD, -200 STD, -200 LR, and -200 IGW Airplanes
Document Number: 2010-3116
Type: Rule
Date: 2010-02-23
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated 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:
Airworthiness Directives; McCauley Propeller Systems 1A103/TCM Series Propellers
Document Number: 2010-3113
Type: Rule
Date: 2010-02-23
Agency: Federal Aviation Administration, Department of Transportation
The FAA is superseding an existing airworthiness directive (AD) for McCauley Propeller Systems 1A103/TCM series propellers. That AD requires, for certain serial numbers (S/Ns) of McCauley Propeller Systems 1A103/TCM series propellers, initial and repetitive visual and dye penetrant inspections for cracks in the propeller hub, replacement of propellers with cracks that do not meet acceptable limits, and rework of propellers with cracks that meet acceptable limits. This AD requires, for all McCauley Propeller Systems 1A103/TCM series propellers, the same actions but at reduced compliance times. This AD also requires inspections of the bolt holes, reaming holes if necessary, and inspections of steel reinforcement plates and gaskets. This AD results from 16 reports received of propeller hubs found cracked since AD 2003-12-05 was issued. We are issuing this AD to prevent propeller separation due to hub fatigue cracking, which can result in loss of control of the airplane.
Airworthiness Directives; Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, & 702), CL-600-2D15 (Regional Jet Series 705), and CL-600-2D24 (Regional Jet Series 900) Airplanes
Document Number: 2010-3096
Type: Rule
Date: 2010-02-23
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated 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:
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