February 2010 – Federal Register Recent Federal Regulation Documents

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.

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.

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:

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.

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:

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:

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.

The Board is amending Regulation Z, which implements the Truth in Lending Act, and the staff commentary to the regulation in order to implement provisions of the Credit Card Accountability Responsibility and Disclosure Act of 2009 that are effective on February 22, 2010. The rule establishes a number of new substantive and disclosure requirements to establish fair and transparent practices pertaining to open-end consumer credit plans, including credit card accounts. In particular, the rule limits the application of increased rates to existing credit card balances, requires credit card issuers to consider a consumer's ability to make the required payments, establishes special requirements for extensions of credit to consumers who are under the age of 21, and limits the assessment of fees for exceeding the credit limit on a credit card account.

EPA issued an ANPRM in the Federal Register of December 23, 2009, concerning the initiation of rulemaking to increase public availability of the identities of the inert ingredients in pesticide products. Two requests for a 90-day extension of the comment period were submitted by the Responsible Industry for a Sound Environment and Syngenta Crop Protection, Inc. Based on these requests, EPA is extending the comment period for 60 days, from February 22, 2010, to April 23, 2010.

The Bureau of Industry and Security (BIS) is publishing this final rule to amend the Export Administration Regulations (EAR) by revising the controls on certain select agents identified in Export Control Classification Number (ECCN) 1C360 on the Commerce Control List (CCL) to reflect changes that the Animal Plant and Health Inspection Service (APHIS), U.S. Department of Agriculture, recently made to the Plant Protection and Quarantine Programs (PPQ) list of select agents and toxins. The changes made by APHIS were part of a biennial review and republication of the select agents and toxins lists separately maintained by APHIS and the Centers for Disease Control and Prevention (CDC), U.S. Department of Health and Human Services (HHS). Both agencies maintain controls on the ``possession, use, and transfer within the United States'' of certain select agents and toxins, including human and zoonotic pathogens, animal pathogens, and plant pathogens. BIS maintains controls on ``exports'' of the select agents and toxins regulated by CDC and APHIS. CDC and APHIS simultaneously published the revisions to their lists of select agents and toxins on October 16, 2008. These changes became effective on November 17, 2008. BIS determined that the only changes that required amendments to the EAR were the changes to the PPQ list of select agents and toxins maintained by APHIS.

We are revising our regulations to allow a representative payee who will no longer be serving in that capacity to transfer accumulated benefit payments and interest directly to a beneficiary if we determine that it would be in the best interest of the beneficiary. This change will give us more flexibility in deciding how conserved funds should be handled in these circumstances. The change will also reduce or eliminate delays in the delivery of conserved funds to some beneficiaries.

We propose to adopt a new airworthiness directive (AD) for certain Model 767-200, -300, -300F, and -400ER series airplanes. This proposed AD would require a detailed inspection of the entryway door movable ceiling panel for pin migration at either end of the hinge assembly and damage to the pin; a detailed inspection for correct crimp at both ends and damage to hinge stock; a detailed inspection of the ceiling area for any visible cosmetic and/or tie-rod chafing that could be caused by a migrated hinge pin; and a detailed inspection for wire damage and/or breakage; and other specified and corrective actions if necessary. This proposed AD results from reports of fault messages caused by improperly crimped hinge pins coming into contact with wires and causing damage. We are proposing this AD to detect and correct improperly crimped hinge pins, which could damage tie rods and wire bundles, causing shorts in many systems, including the spar fuel shut off valve, oxygen mask deployment, and burned wires, which could be an ignition source in a hidden area of the airplane.

The U.S. Department of Energy (DOE) has initiated the process to develop and publish energy standards for manufactured housing as directed by the Energy Independence and Security Act (EISA) of 2007. To facilitate this process, enhance the quality of the standards and supporting documentation, and to allow interested parties to provide suggestions, comments and information, DOE is publishing this advance notice of proposed rulemaking. As the energy efficiency standards would cover new manufactured housing, DOE is interested in information that relates to the design, construction, financing, operating costs, and other areas of relevance to establishing and implementing such standards. This notice identifies several areas on which DOE is particularly interested in receiving information; however, any input and suggestions considered relevant to the topic are welcome.

The Consumer Product Safety Commission (``Commission'') is correcting a final rule that appeared in the Federal Register of December 29, 2009 (74 FR 68668). The document issued a final rule under section 104(d) of the Consumer Product Safety Improvement Act of 2008 (``CPSIA'') requiring manufacturers of durable infant or toddler products to establish and maintain a system for consumers to register their products with the manufacturer.

The FAA amends digital flight data recorder regulations affecting certain air carriers and operators. This final rule prohibits the filtering of some original flight recorder sensor signals unless a certificate holder can show that the data can be accurately reconstructed. This final rule improves the integrity and quality of the data recorded on digital flight data recorders while giving aircraft designers and operators more flexibility in system design and operation where allowable.

We propose to adopt a new airworthiness directive (AD) for certain Piper Aircraft, Inc. Models PA-32R-301T and PA-46-350P airplanes. This proposed AD would require you to replace any spot- welded V-band exhaust coupling with a riveted V-band exhaust coupling. This proposed AD results from reports that spot-welded V-band exhaust couplings are failing. We are proposing this AD to prevent failure of the V-band exhaust coupling, which could cause the exhaust pipe to detach from the turbocharger. This failure could result in release of high temperature gases inside the engine compartment and possibly cause an in-flight fire. An in-flight fire could lead to loss of control.

This rule amends the Export Administration Regulations (EAR) by adding ten additional persons located in Hong Kong and Taiwan to the Entity List (Supplement No. 4 to Part 744) on the basis of Section 744.11 of the EAR. These persons that are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States.

On January 5, 2010, NMFS proposed regulations to revise the critical habitat designation for the endangered leatherback sea turtle (Dermochelys coriacea) by designating additional areas within the Pacific Ocean. Specific areas proposed for designation include two adjacent marine areas totaling approximately 46,100 square miles (119,400 square km) stretching along the California coast from Point Arena to Point Vincente; and one 24,500 square mile (63,455 square km) marine area stretching from Cape Flattery, WA, to the Umpqua River (Winchester Bay), OR, east of a line approximating the 2,000 meter depth contour. The areas proposed for designation comprise approximately 70,600 square miles (182,854 square km) of marine habitat. NMFS is extending the comment period on the proposed regulations until April 23, 2010.

NMFS proposes 2010 specifications for the Atlantic deep-sea red crab fishery, including a target total allowable catch (TAC) and a fleet-wide days-at-sea (DAS) allocation. The implementing regulations for the Atlantic Deep-Sea Red Crab Fishery Management Plan (FMP) require NMFS to publish specifications for up to a period of 3 years and to provide an opportunity for public comment. The intent of this rulemaking is to specify the target TAC and other management measures in order to manage the red crab resource for fishing year (FY) 2010.

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 associated with the Commission's Closed Captioning of Video Programming; Closed Captioning Requirements for Digital Television Receivers, Declaratory Ruling and Order (2008 Closed Captioning Order). This notice is consistent with the 2008 Closed Captioning Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date of those rules.

On February 10, 2000 (65 FR 6698), EPA published emission standards for light-duty vehicles and light-duty trucks requiring vehicle manufacturers to reduce tailpipe emissions. Specifically, EPA sought to reduce emissions of nitrogen oxides and non-methane hydrocarbons, pollutants which contribute to ozone pollution. The rulemaking also required oil refiners to limit the sulfur content of the gasoline they produce. Sulfur in gasoline has a detrimental impact on catalyst performance and the sulfur requirements have enabled the introduction of advanced technology emission control systems on motor vehicles.

The Commission is noticing a Postal Service petition proposing a change in transportation cost system sampling. The proposal involves distributing rail costs using inter-BMC highway distribution factors. This notice briefly describes the Postal Service's rationale for

The Delaware River Basin Commission will hold a public hearing to receive comments on proposed amendments to the Administrative ManualPart IIIBasin RegulationsWater Supply Charges to revise the schedule of water charges.

NCUA is amending its rules governing secondary capital accounts to permit low-income designated credit unions to redeem all or part of secondary capital accepted from the United States Government or any of its subdivisions at any time after the secondary capital has been on deposit for two years. The amendments will also allow early redemption, under the same terms and conditions, of secondary capital accepted as a match to the government-funded secondary capital. Finally, the amendments change the loss distribution provision that applies to secondary capital accounts so that secondary capital accepted under the 2010 Community Development Capital Program is senior to any required matching secondary capital accepted from an alternative source. Early redemption will continue to require approval of the appropriate Regional Director. The amended rule will accomplish the following: bring NCUA regulations into compliance with the Community Development Capital Program; and allow qualifying low-income designated credit unions that accept secondary capital pursuant to the Troubled Asset Relief Program through the Community Development Capital Program to avoid an accelerated interest rate on the secondary capital over the last five years to maturation.

NMFS closes the commercial hook-and-line fishery for king mackerel in the southern Florida west coast subzone. This closure is necessary to protect the Gulf king mackerel resource.