March 2010 – Federal Register Recent Federal Regulation Documents

The Coast Guard is temporarily changing the drawbridge operation regulation for the U.S. Highway 101 Bullards Ferry Bridge that crosses over the Coquille River at mile 3.5 near Bandon, Oregon so that the vertical lift span will not need to open for ten months while the bridge is being painted. The rule is necessary to ensure that the painting operation will not be disrupted by bridge openings. The bridge has not had to be opened for a vessel in seven years.

The U.S. Army Corps of Engineers is proposing to amend its regulations for the restricted area established in the waters of Puget Sound adjacent to Naval Station Everett, Everett, Snohomish County, Washington. The amendments will enable the affected units of the United States military to enhance safety and security around an active military establishment. The regulations are necessary to safeguard military vessels and United States government facilities from sabotage and other subversive acts, accidents, or incidents of similar nature. The regulations are also necessary to protect the public from potentially hazardous conditions that may exist as a result of military use of the area.

On February 28, 2006, OSHA published a final rule for Occupational Exposure to Hexavalent Chromium (Cr(VI). Public Citizen Health Research Group (Public Citizen) and other parties petitioned for review of the standard in the United States Court of Appeals for the Third Circuit. The court denied the petitions for review on all but one issue. The Third Circuit remanded the employee notification requirements in the standard's exposure determination provisions for further consideration. More specifically, the court directed the Agency to either provide an explanation for its decision to limit employee notification requirements to circumstances in which Cr(VI) exposures exceed the permissible exposure limit (PEL) or take other appropriate action with respect to that paragraph of the standard. After reviewing the rulemaking record on this issue, and reconsidering the provision in question, OSHA has decided to revise the notification requirements, by means of this direct final rule, to require employers to notify employees of the results of all exposure determinations.

This regulation revises the tolerance for combined residues of hexythiazox in or on grape. Gowan Company requested the tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).

We are adopting a new airworthiness directive (AD) for certain Model 767 series airplanes. This AD requires inspections for scribe lines in the fuselage skin at skin lap joints, the skin at certain external approved repairs, the skin around external features such as antennas, and the skin at decals; and related investigative and corrective actions if necessary. This AD results from reports of scribe lines found at skin lap joints and butt joints, around external repairs and antennas, and at locations where external decals had been cut. We are issuing this AD to detect and correct scribe lines, which can develop into fatigue cracks in the skin and cause sudden decompression of the airplane.

The FAA is adopting a new 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. This AD requires removing from service certain second stage LPCR discs and/or certain third stage LPCR discs. This AD results from a report of cracks found during a fluorescent penetrant inspection (FPI) of the disc bore. We are issuing this 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.

This action amends the legal description of the VHF Omnidirectional Range (VOR) Federal Airway V-422 in the vicinity of Wolf Lake, IN. The FAA is taking this action because the Wolf Lake VOR, included as part of the V-422 route structure, is being renamed the Webster Lake VOR.

We are adopting a new airworthiness directive (AD) for certain Model 777-200, -200LR, -300, -300ER, and 777F series airplanes. This AD requires installing new operational program software for the autopilot flight director computers. This AD results from reports of rejected takeoffs at speeds above takeoff decision speed following inadvertent autopilot engagement on the ground, and from the discovery during flight simulations that the climb gradient is less than optimal for obstacle clearance during a performance-limited takeoff situation. We are issuing this AD to prevent inadvertent engagement of the autopilot during takeoff roll, which could result in rejected takeoff at rotation speed, and consequent possible overrun of the runway. We are also issuing this AD to prevent a lower-than-optimal climb gradient during takeoff, and consequent failure to clear obstacles on the ground during a performance-limited takeoff.

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

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

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

On February 28, 2006, OSHA published a final rule for Occupational Exposure to Hexavalent Chromium (Cr (VI)). Public Citizen Health Research Group (Public Citizen) and other parties petitioned for review of the standard in the United States Court of Appeals for the Third Circuit. The court denied the petitions for review on all but one issue. The Third Circuit remanded the employee notification requirements in the standard's exposure determination provisions for further consideration. More specifically, the court directed the Agency to either provide an explanation for its decision to limit employee notification requirements to circumstances in which Cr(VI) exposures exceed the permissible exposure limit (PEL) or take other appropriate action with respect to that paragraph of the standard. After reviewing the rulemaking record on this issue, and reconsidering the provision in question, OSHA has decided to propose a revision of the notification requirements, by means of this Notice of Proposed Rulemaking (NPRM), that would require employers to notify employees of the results of all exposure determinations.

This document is the Commission's Second Report and Order concerning video services in multiple dwelling units (``MDUs''), which are apartment and condominium buildings and centrally managed residential real estate developments. The Second Report and Order resolves some issues the Commission left undecided in its First Report and Order, concerning two practices called ``bulk billing'' and ``marketing exclusivity.'' The Second Report and Order concludes that bulk billing and marketing exclusivity, at present, create more benefits than harms for MDU residents. The Commission therefore allows both practices to continue.

EPA is proposing to amend the general provisions for the Mandatory Greenhouse Gas (GHG) Reporting Rule. The amendments do not change the requirements of the regulation for facilities and suppliers covered by the 2009 final rule. Rather, the amendments are minor changes to the format of several sections of the general provisions to accommodate the addition of new subparts in the future in a simple and clear manner. These changes include updating the language for the schedule for submitting reports and calibrating equipment to recognize that subparts that may be added in the future would have later deadlines. These revisions do not change the requirements for subparts included in the 2009 final rule.

We propose to adopt a new airworthiness directive (AD) for certain Model MD-11 and MD-11F airplanes. This proposed AD would require a one-time inspection to detect damage of the wire assemblies of the tail tank fuel system, a wiring change, and corrective actions if necessary. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to detect and correct a potential of ignition sources inside fuel tanks, which, in combination with flammable vapors, could result in a fuel tank fire or explosion, and consequent loss of the airplane.

On March 31, 2007, the name of the Bureau of Customs and Border Protection changed to U.S. Customs and Border Protection (CBP) and the name of the Bureau of Immigration and Customs Enforcement changed to U.S. Immigration and Customs Enforcement (ICE). This final rule revises two chapter headings in title 19 of the Code of Federal Regulations to reflect the name changes for those two Department of Homeland Security (DHS) components.

This document proposes to amend title 19 of the Code of Federal Regulations (CFR) pertaining to the method by which CBP issues courtesy notices of liquidation. Courtesy notices of liquidation provide informal, advanced notice of the liquidation date and are not required by statute. Currently, CBP provides an electronic and a paper courtesy notice for importers of record whose entry summaries are electronically filed in the Automated Broker Interface (ABI). In an effort to streamline the notification process and reduce printing and mailing costs, CBP proposes to discontinue mailing paper courtesy notices of liquidation to importers of record whose entry summaries are filed in ABI.

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: The manufacturer has received a report of a failed canopy jettison test, during a regular maintenance check. The investigation revealed that a cable shroud of the jettison system protruded the canopy structure, which probably caused the malfunction. Inability to jettison the canopy in flight would prevent evacuation of the aeroplane in case of need.

EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Delaware. The revision is an amendment to the Electric Generating Unit Multi-Pollutant Regulation of Delaware's Administrative Code, and it modifies the sulfur dioxide (SO2) mass emissions limit associated with Conectiv Edge Moor Unit 5 beginning in calendar year 2009. This action is being taken under the Clean Air Act (CAA or the Act).

We (NMFS and USFWS; also collectively referred to as the Services) have determined that the loggerhead sea turtle (Caretta caretta) is composed of nine distinct population segments (DPSs) that qualify as ``species'' for listing as endangered or threatened under the Endangered Species Act (ESA), and we propose to list two as threatened and seven as endangered. This also constitutes the 12-month findings on a petition to reclassify loggerhead turtles in the North Pacific Ocean as a DPS with endangered status and designate critical habitat, and a petition to reclassify loggerhead turtles in the Northwest Atlantic as a DPS with endangered status and designate critical habitat. We will propose to designate critical habitat, if found to be prudent and determinable, for the two loggerhead sea turtle DPSs occurring within the United States in a subsequent Federal Register notice.

This amendment supersedes an existing airworthiness directive (AD) for MD Helicopters, Inc. (MDHI) model MD-900 helicopters that currently requires applying serial numbers to certain parts, increasing the life limit for various parts, maintaining a previously established life limit for a certain vertical stabilizer control system (VSCS) bellcrank assembly and bellcrank arm, and correcting the part number for the VSCS bellcrank arm. This amendment requires the same actions as the existing AD, except it reduces the life limit of the swashplate spherical slider bearing (slider bearing). It further corrects what was described as a ``bellcrank arm'' life limit in the current AD and correctly describes it as another ``bellcrank assembly'' life limit. This amendment is prompted by two reports of cracks in the slider bearing that occurred well before the previously increased retirement life of 2,030 hours time-in-service (TIS) was reached. The actions specified by this AD are intended to establish appropriate life limits for various parts, and to prevent fatigue failure of those parts and subsequent loss of control of the helicopter.

This notice announces that the Gulf of Mexico Fishery Management Council (Council) is considering additional management measures to further limit the number of participants or levels of participation in the commercial king and Spanish mackerel components of the coastal migratory pelagic fishery operating in the exclusive economic zone (EEZ) of the Gulf of Mexico. If such management measures are implemented, the Council is considering June 30, 2009, as a possible control date for king mackerel and March 31, 2010, as a possible control date for Spanish mackerel. These dates may serve to determine eligibility of catch histories in the commercial king and Spanish mackerel fisheries. NMFS invites comments on the revision of these control dates.

The Federal Aviation Administration is making a minor amendment to a previously published final rule. That final rule applied to air carrier, commuter, and on-demand turbine powered multi-engine airplanes used in passenger-carrying, and some all-cargo, extended- range operations. This technical amendment corrects an incorrect citation reference.

This document comprises the agency's second of two responses to petitions for reconsideration of a September 11, 2007, final rule that upgraded Federal Motor Vehicle Safety Standard (FMVSS) No. 214, ``Side impact protection.'' The final rule incorporated a vehicle-to- pole test into the standard, adopted technically-advanced test dummies and enhanced injury criteria, and incorporated the advanced dummies into the standard's moving deformable barrier test. An earlier response

This action proposes to amend Class E airspace at Batesville, AR. Decommissioning of the Independence County non-directional beacon (NDB) at Batesville Regional Airport has made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations at the airport.