March 17, 2010 – Federal Register Recent Federal Regulation Documents

We propose to adopt a new airworthiness directive (AD) for certain AVOX Systems and B/E Aerospace oxygen cylinders, as installed on various 14 CFR part 23 or CAR 3 airplanes. This proposed AD would require inspecting for and removing substandard oxygen cylinders from the airplane. This proposed AD was prompted by the reported rupture of a high-pressure gaseous oxygen cylinder, which had insufficient strength characteristics due to improper heat treatment. We are proposing this AD to prevent an oxygen cylinder from rupturing, which, depending on the location, could result in structural damage and rapid decompression of the airplane, damage to adjacent essential flight equipment, deprivation of the necessary oxygen supply for the flightcrew, and injury to cabin occupants or other support personnel.

The Coast Guard is establishing a temporary safety zone on the waters of Gallants Channel at Beaufort, North Carolina. The safety zone is necessary to provide for the safety of mariners on navigable waters during maintenance to the Grayden Paul Draw Bridge.

On December 29, 2009, OSHA announced that it would hold informal public hearings on its proposal to revise the Hazard Communication Standard in Washington, DC; Pittsburgh, PA; and Los Angeles, CA (74 FR 68756). OSHA will hold the Pittsburgh hearing at the Marriott Pittsburgh City Center on March 31, 2010. OSHA is canceling the Los Angeles, CA, hearing.

This rule proposes to add two importer members and their alternates to the U.S. Highbush Blueberry Council (Council) to reflect changes in the quantity of highbush blueberry imports in the past three years. The change was proposed by the Council in accordance with the provisions of the Blueberry Promotion, Research, and Information Order (Order) which is authorized by the Commodity Promotion, Research, and Information Act of 1996 (Act). The Order requires that the Council review the geographical distribution of the United States production and the quantity of imports of highbush blueberries at least every five years. As a result of these changes, the total Council membership would increase from 14 to 16 members and their alternates. In addition, this rule proposes to increase the quorum minimum from seven to nine members.

The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Wreck Lead Railroad Bridge across Reynolds Channel, mile 4.4, New York. This deviation allows the bridge to remain in the closed position for six hours to facilitate bridge maintenance. Vessels that can pass under the draw without a bridge opening may do so at all times.

As part of its systematic review of all Federal Trade Commission rules and guides, the Commission gives notice that, during 2010, it intends to request public comments on the rules listed below (``Rules''). The Commission will request comments on, among other things, the economic impact of and the continuing need for the Rules; possible conflict between the Rules and state, local, or other federal laws or regulations; and the effect of any technological, economic, or other industry changes on the Rules. Further, the Commission gives notice that, based on its current ongoing review proceedings, it is postponing regulatory review for certain rules previously scheduled for 2010 review. In addition, the Commission announces that it is accelerating its review of the Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles Rule to 2010. No Commission determination on the need for, or the substance of, the Rules should be inferred from the notice of intent to publish requests for comments. Finally, the Commission announces a revised 10-year regulatory review schedule.

FMCSA proposes to amend its regulations by establishing direct final rulemaking procedures for use on noncontroversial rules. Under these procedures, FMCSA would make regulatory changes that would become effective a specified number of days after the date of publication in the Federal Register, unless FMCSA receives written adverse comment(s) or written notice of intent to submit adverse comment(s), received by the date specified in the direct final rule. These new procedures would expedite the promulgation of routine or noncontroversial rules by reducing the time and resources necessary to develop, review, clear, and publish separate proposed and final rules. FMCSA would not use the direct final rule procedures for complex or controversial issues.

Through this final rule, the National Marine Fisheries Service (NMFS) delays the effective date of new seasonal pinger requirements for the New England component of the Harbor Porpoise Take Reduction Plan (HPTRP). Specifically, NMFS will delay implementation of new seasonal pinger requirements within the Stellwagen Bank and Southern New England Management Areas from March 22, 2010, to September 15, 2010.

This regulation establishes an exemption from the requirement of a tolerance for residues of tetraethoxysilane, polymer with hexamethyldisiloxane, minimum number average molecular weight (in AMU) 2,500 (CAS Reg. No. 104133-09-7) when used as an inert ingredient in a pesticide chemical formulation under 40 CFR 180.960. Wacker Chemical Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of tetraethoxysilane, polymer with hexamethyldisiloxane, on food or feed commodities.

We are adopting a new airworthiness directive (AD) for certain Model 45 airplanes. This AD requires a general visual inspection for cracked and missing ballscrew assembly sleeves of the flap actuator, repetitive non-destructive liquid penetrant inspections of each sleeve or flap actuator for cracks, and replacement or modification of the flap actuator if necessary. This AD results from reports of cracked and missing ballscrew assembly sleeves of the flap actuators. We are issuing this AD to detect and correct cracked and missing sleeves, which could cause loss of the load-carrying ball bearings on both actuators on one flap, resulting in flap asymmetry and loss of control of the airplane.

This action amends the legal description of two Jet Routes and seven VHF Omnidirectional Range (VOR) Federal Airways in the vicinity of Gage, OK. The FAA is taking this action because the Gage VHF Omnidirectional Range/Tactical Air Navigation (VORTAC), included as part of the route structure for the airways, is being renamed the Mitbee VORTAC for identity clarification.

This amendment adopts a new airworthiness directive (AD) for the specified Sikorsky Aircraft Corporation (Sikorsky) Model S-76C helicopters. This action requires inspecting the emergency flotation system squib connector (flotation system connector) to determine if a metallic foil shunt is installed. This amendment is prompted by a discovery that a metallic foil shunt meant to prevent inadvertent activation of a flotation system during installation was still installed in the left-hand flotation system connector of a Model S-76C helicopter. The actions specified in this AD are intended to determine if a metallic foil shunt is installed in the flotation system, which could prevent the flotation system from deploying and could prevent the helicopter from staying afloat long enough to enable emergency evacuation after a water landing.

We are adopting a new airworthiness directive (AD) for the specified model helicopters. This AD results from 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. The MCAI AD states that the AD is issued following a manufacturing nonconformity found on one batch of the servo-control caps. With a defective servo-control, rotation of the distributor might not be stopped mechanically since only friction of inner seals holds the distributor sleeve in its position. The AD

This action revises Class E airspace at Dillingham, AK, to accommodate amended Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAPs), conventional SIAPs, and an Obstacle Departure Procedure (ODP) at Dillingham Airport. The FAA is taking this action to enhance safety and management of Instrument Flight Rules (IFR) operations at Dillingham Airport.

This action revises Class E airspace at Scammon Bay, AK, to accommodate new Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAPs) at Scammon Bay Airport. The FAA is taking this action to enhance safety and management of Instrument Flight Rules (IFR) operations at Scammon Bay Airport.

We, the U.S. Fish and Wildlife Service (Service), designate revised critical habitat for the California red-legged frog (Rana draytonii) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 1,636,609 acres (ac) (662,312 hectares (ha)) of critical habitat in 27 California counties fall within the boundaries of the final revised critical habitat designation.