April 2, 2010 – Federal Register Recent Federal Regulation Documents

Reconsideration of Interpretation of Regulations That Determine Pollutants Covered by Clean Air Act Permitting Programs
Document Number: 2010-7536
Type: Rule
Date: 2010-04-02
Agency: Environmental Protection Agency
EPA has made a final decision to continue applying the Agency's existing interpretation of a regulation that determines the scope of pollutants subject to the Federal Prevention of Significant Deterioration (PSD) program under the Clean Air Act (CAA or Act). In a December 18, 2008 memorandum, EPA established an interpretation clarifying the scope of the phrase ``subject to regulation'' found within the definition of the term ``regulated NSR pollutant.'' After considering comments on alternate interpretations of this term, EPA has decided to continue to interpret it to include each pollutant subject to either a provision in the CAA or regulation adopted by EPA under the CAA that requires actual control of emissions of that pollutant. Thus, this action explains that EPA will continue following the interpretation in the December 18, 2008 memorandum with one exception. EPA is refining its interpretation to establish that the PSD permitting requirements will not apply to a newly regulated pollutant until a regulatory requirement to control emissions of that pollutant ``takes
Airworthiness Standards; Electrical and Electronic System Lightning Protection
Document Number: 2010-7525
Type: Proposed Rule
Date: 2010-04-02
Agency: Federal Aviation Administration, Department of Transportation
The Federal Aviation Administration (FAA) proposes to amend the lightning protection airworthiness standards by establishing new lightning protection regulations for electrical and electronic systems installed on aircraft certificated under parts 23, 27, and 29, and revising lightning protection regulations for electrical and electronic systems installed on airplanes certificated under part 25. The proposed rulemaking would establish two levels of lightning protection for aircraft systems based on consequences of system function failure: Catastrophic consequences which would prevent continued safe flight and landing and hazardous or major consequences which would reduce the capability of the aircraft or the ability of the flightcrew to respond to an adverse operating condition. The proposed rulemaking would also establish lightning protection for aircraft systems according to the aircraft's potential for lightning exposure. Compliance with the new requirements would be based on demonstration of effective lightning protection for electrical and electronic systems. The proposed airworthiness standards would establish consistent lightning protection requirements for electrical and electronic systems.
Privacy Act of 1974: Implementation
Document Number: 2010-7503
Type: Proposed Rule
Date: 2010-04-02
Agency: National Intelligence, Office of the National Director, Agencies and Commissions
The Office of the Director of National Intelligence (ODNI) proposes to exempt fourteen (14) new systems of records from subsections (c)(3); (d)(1), (2), (3), (4); (e)(1) and (e)(4)(G), (H), (I); and (f) of the Privacy Act, pursuant to 5 U.S.C. 552a(k).
Endangered and Threatened Wildlife; Notice of 90-Day Finding on a Petition to List the Bumphead Parrotfish as Threatened or Endangered and Designate Critical Habitat Under the Endangered Species Act (ESA)
Document Number: 2010-7495
Type: Proposed Rule
Date: 2010-04-02
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We (NMFS) announce a 90-day finding on a petition to list the bumphead parrotfish (Bolbometopon muricatum) as threatened or endangered and designate critical habitat under the ESA. We find that the petition presents substantial scientific or commercial information indicating that the petitioned actions may be warranted. Therefore, we initiate a status review of the bumphead parrotfish to determine if listing under the ESA is warranted. To ensure this status review is comprehensive, we solicit scientific and commercial information regarding this species.
Fisheries of the Northeastern United States; Proposed 2010 Specifications for the Spiny Dogfish Fishery
Document Number: 2010-7489
Type: Proposed Rule
Date: 2010-04-02
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes specifications for the spiny dogfish fishery for the 2010 fishing year (FY) (May 1, 2010, through April 30, 2011). The implementing regulations for the Spiny Dogfish Fishery Management Plan (FMP) require NMFS to publish specifications for up to a period of 5 years and to provide an opportunity for public comment. This specification setting will apply to FY 2010 only. The intent of this rulemaking is to specify the commercial quota and other management measures, and to rebuild the spiny dogfish resource. NMFS proposes that the annual quota be set at 12 million lb (5,443.11 mt), and that the possession limit for dogfish remain set at 3,000 lb (1.36 mt). These proposed specifications and management measures are consistent with the FMP and promote the utilization and conservation of the spiny dogfish resource.
Airworthiness Directives; Airbus Model A318, A319, A320, and A321 Series Airplanes
Document Number: 2010-7461
Type: Proposed Rule
Date: 2010-04-02
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: Surface defects were visually detected on the rudder of one A319 and one A321 in-service aeroplane. Investigation has determined that the defects reported on both rudders corresponded to areas that had been reworked in production. The investigation confirmed that the defects were a result of de-bonding between the skin and honeycomb core. An extended de-bonding, if not detected and corrected, may degrade the structural integrity of the rudder. The loss of the rudder leads to degradation of the handling qualities and reduces the controllability of the aeroplane.
Airworthiness Directives; Airbus Model A330-223, -321, -322, and -323 Airplanes
Document Number: 2010-7460
Type: Proposed Rule
Date: 2010-04-02
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: During accomplishment of Damage TolerantAirworthiness Limitation Item task 712106-01-01 from A330 ALS Part 2, an A330 operator found a Fluorescent Penetrant Inspection (FPI) indication in the head of the shank filet radius in one of the Pratt & Whitney (PW) forward (FWD) engine mount pylon bolts. Dual-bolt fractures could lead to inability for mount assembly to sustain loads which may lead to an engine mount failure and consequently to engine separation from the aeroplane during flight, which would constitute an unsafe condition.
Airworthiness Directives; Airbus Model A300-600 and A310 Airplanes
Document Number: 2010-7459
Type: Proposed Rule
Date: 2010-04-02
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: Surface defects were visually detected on the rudder of one Airbus A319 and one A321 in-service aeroplane. Investigation has determined that the defects reported on both rudders corresponded to areas that had been reworked in production. The investigation confirmed that the defects were the result of de-bonding between the skin and honeycomb core. Such reworks were also performed on some rudders fitted on A310 and A300-600 aeroplanes. An extended de-bonding, if not detected and corrected, may degrade the structural integrity of the rudder. The loss of the rudder leads to degradation of the handling qualities and reduces the controllability of the aeroplane.
Airworthiness Directives; The Boeing Company Model 777-200LR and -300ER Series Airplanes
Document Number: 2010-7458
Type: Proposed Rule
Date: 2010-04-02
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Model 777-200LR and -300ER series airplanes. This proposed AD would require doing a high frequency eddy current inspection for cracking of the keyway of the fuel tank access door cutout on the left and right wings between wing rib numbers 8 (wing station 387) and 9 (wing station 414.5), and related investigative and corrective actions if necessary. This proposed AD results from reports of cracks emanating from the keyway of the fuel tank access door cutout of the lower wing skin between wing rib numbers 8 and 9. We are proposing this AD to prevent loss of the lower wing skin load path, which could cause catastrophic structural failure of the wing.
Special Local Regulation, Swim Across the Sound, Long Island Sound, Port Jefferson, NY to Captain's Cove Seaport, Bridgeport, CT
Document Number: 2010-7429
Type: Proposed Rule
Date: 2010-04-02
Agency: Coast Guard, Department of Homeland Security
This document supplements the Coast Guard's July 21, 2009 proposal to establish a permanent Special Local Regulation on the navigable waters of Long Island Sound between Port Jefferson, NY and Captain's Cove Seaport, Bridgeport, CT due to the annual Swim Across the Sound event. The proposed amendment is necessary to provide for the safety of life by protecting swimmers and their safety craft from the hazards imposed by marine traffic. This supplemental notice of proposed rulemaking describes an amendment to the list of potential dates and clarifies the limitations placed on marine traffic.
Safety Zone; Wilson Bay, Jacksonville, NC
Document Number: 2010-7427
Type: Proposed Rule
Date: 2010-04-02
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to establish a temporary safety zone on the waters of Wilson Bay at Jacksonville, North Carolina for training purposes. The safety zone is necessary to provide for the safety of the general public and exercise participants from potential hazards associated with low flying helicopters and vessels participating in this multi agency exercise.
Race to the Top Fund
Document Number: 2010-7409
Type: Rule
Date: 2010-04-02
Agency: Department of Education
The U.S. Secretary of Education (Secretary) amends the final requirements for the Race to the Top Fund to incorporate and make binding for Phase 2 of the competition State budget guidance.
Waybill Data Released in Three-Benchmark Rail Rate Proceedings
Document Number: 2010-7408
Type: Proposed Rule
Date: 2010-04-02
Agency: Surface Transportation Board, Department of Transportation
The Board proposes to amend its rules with respect to the Three-Benchmark methodology used to adjudicate rate complaints. The proposed rule would provide for the release to the parties of the unmasked Waybill Sample data of the defendant carrier for the 4 years that correspond with the most recently published Revenue Shortfall Allocation Method (RSAM) figures. The parties would then use the released Waybill Sample data in any configuration they see fit to form their comparison groups. The Board seeks comments concerning the amount of data that would be available under the proposed rule and the proposal that the parties could draw from all 4 years of waybill data to form their comparison groups.
Increase in the Primary Nuclear Liability Insurance Premium
Document Number: 2010-7394
Type: Rule
Date: 2010-04-02
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) is amending its regulations that govern financial protection requirements and indemnity agreements to increase the primary nuclear liability insurance layer from $300 million to $375 million for liability insurance coverage in the event of nuclear incidents at licensed, operating, commercial nuclear power plants with a rated capacity of 100,000 kW or more.
Swine Contract Library
Document Number: 2010-7382
Type: Rule
Date: 2010-04-02
Agency: Department of Agriculture, Grain Inspection, Packers and Stockyards Administration
On August 11, 2003, the Grain Inspection, Packers and Stockyards Administration (GIPSA) implemented new Subtitle B of Title II of the Packers and Stockyards Act, which was added by the Livestock Mandatory Reporting Act of 1999 (1999 Act) by establishing the Swine Contract Library (SCL). The statutory authority for the library lapsed on September 30, 2005. On October 5, 2006, the Livestock Mandatory Reporting Reauthorization Act (Reauthorization Act) reauthorized the 1999 Act until September 30, 2010, and also amended the swine reporting requirements of the 1999 Act. This final rule re-establishes the regulatory authority for the SCL's continued operation and incorporates certain changes contained within the Reauthorization Act that impact the SCL, as well as makes other changes to enhance the SCL's overall effectiveness and efficiency in response to input from regulated entities and the public.
Airworthiness Directives; Airbus Model A300 B2-1C, B2K-3C, B2-203, B4-2C, B4-103, and B4-203 Airplanes
Document Number: 2010-7371
Type: Rule
Date: 2010-04-02
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; Rolls-Royce plc RB211-Trent 700 Series Turbofan Engines
Document Number: 2010-7283
Type: Rule
Date: 2010-04-02
Agency: Federal Aviation Administration, Department of Transportation
The FAA is superseding an existing airworthiness directive (AD) for Rolls-Royce plc RB211-Trent 700 series turbofan engines. That AD currently requires initial and repetitive borescope inspections of the high-pressure-and-intermediate pressure (HP-IP) turbine internal and external oil vent tubes for coking and carbon buildup, and cleaning or replacing the vent tubes if necessary. This AD requires the same actions, but adds additional inspections of the vent flow restrictor. This AD results from further analysis that the cleaning of the vent tubes required by AD 2007-02-05 could lead to loosened carbon fragments, causing a blockage downstream in the vent flow restrictor. We are issuing this AD to prevent internal oil fires due to coking and carbon buildup that could cause uncontained engine failure and damage to the airplane.
Liquor Dealer Recordkeeping and Registration, and Repeal of Certain Special (Occupational) Taxes
Document Number: 2010-7269
Type: Rule
Date: 2010-04-02
Agency: Alcohol and Tobacco Tax and Trade Bureau, Department of Treasury, Department of the Treasury
This Treasury decision adopts as a final rule, without change, a temporary rule that amended the regulations administered by the Alcohol and Tobacco Tax and Trade Bureau to reflect the repeal of certain special (occupational) taxes effected by section 11125 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. The regulatory amendments involved the repeal of special taxes on alcohol beverage producers and dealers, tax-free alcohol users, denatured spirits users and dealers, and persons claiming drawback for the manufacture of nonbeverage alcoholic products, and the inclusion of recordkeeping and registration requirements for dealers in distilled spirits, wines, and beer, and for manufacturers of nonbeverage products who claim drawback.
Approval and Promulgation of Implementation Plans; Texas; Revisions to Chapter 116 Which Relate to the Voiding of Permits and Extension of Permits
Document Number: 2010-7214
Type: Rule
Date: 2010-04-02
Agency: Environmental Protection Agency
EPA is taking a direct final action to approve severable portions of a submittal from the State of Texas, through the Texas Commission on Environmental Quality (TCEQ), on September 25, 2003, to revise the Texas Major and Minor New Source Review (NSR) State Implementation Plan (SIP). EPA is approving the State's repeal of a paragraph of the SIP rule pertaining to Texas Major and Minor NSR SIP and to approve the consequent renumbering of the SIP rule's paragraphs. We also are approving the new replacement rule as meeting the Minor and Major NSR SIP requirements for voiding of permits.
Approval and Promulgation of Implementation Plans; Texas; Revisions to Voiding of Permits and Extension of Permits
Document Number: 2010-7212
Type: Proposed Rule
Date: 2010-04-02
Agency: Environmental Protection Agency
EPA is proposing to approve severable portions of a submittal from the State of Texas, through the Texas Commission on Environmental Quality (TCEQ), on September 25, 2003, to revise the Texas Major and Minor New Source Review (NSR) State Implementation Plan (SIP). Within this SIP submittal, the State repealed a paragraph of the SIP rule pertaining to the Texas Major and Minor NSR SIP and renumbered the SIP rule's paragraphs. We are proposing to approve the new replacement rule as meeting the Major and Minor NSR SIP requirements for voiding of permits.
1-Propene, 2,3,3,3-tetrafluoro-; Withdrawal of Significant New Use Rule
Document Number: 2010-7194
Type: Rule
Date: 2010-04-02
Agency: Environmental Protection Agency
EPA is withdrawing a significant new use rule (SNUR) promulgated under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for the chemical substance identified as 1-Propene, 2,3,3,3- tetrafluoro- (CAS No. 754-12-1), which was the subject of premanufacture notice (PMN) P-07-601. EPA published the SNUR using direct final rulemaking procedures. EPA received a notice of intent to submit adverse comments on the rule. Therefore, the Agency is withdrawing the SNUR, as required under the expedited SNUR rulemaking process. Elsewhere in today's Federal Register, EPA is publishing (under separate notice and comment rulemaking procedures) a proposed SNUR for this substance.
Proposed Significant New Use Rule for 1-Propene, 2,3,3,3-tetrafluoro-
Document Number: 2010-7191
Type: Proposed Rule
Date: 2010-04-02
Agency: Environmental Protection Agency
EPA is proposing a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for the chemical substance identified as 1-Propene, 2,3,3,3-tetrafluoro- (CAS No. 754-12-1) which was subject to premanufacture notice (PMN) P-07- 601. This proposed rule would require persons who intend to manufacture, import, or process the substance for an activity that is designated as a significant new use to notify EPA at least 90 days before commencing that activity. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit the activity before it occurs.
Airworthiness Directives; Kelly Aerospace Energy Systems, LLC Rebuilt Turbochargers
Document Number: 2010-7056
Type: Rule
Date: 2010-04-02
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain Kelly Aerospace Energy Systems, LLC (KAES) rebuilt turbochargers. This AD requires removal from service of certain part number (P/N) and serial number (S/N) rebuilt turbochargers. This AD results from three reports of infant mortality turbine wheel failure in rebuilt turbochargers, since June of 2007. We are issuing this AD to prevent separation or seizure of the turbocharger turbine, which could result in full or partial engine power loss, loss of engine oil, and smoke in the airplane cabin.
Airworthiness Directives; SOCATA Model TBM 700 Airplanes
Document Number: 2010-6788
Type: Rule
Date: 2010-04-02
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; The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER Series Airplanes
Document Number: 2010-6786
Type: Rule
Date: 2010-04-02
Agency: Federal Aviation Administration, Department of Transportation
This document publishes in the Federal Register an amendment adopting airworthiness directive (AD) 2010-06-51 that was sent previously to all known U.S. owners and operators of The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes by individual notices. This AD requires doing a detailed inspection of the inboard and outboard aft attach lugs of the left and right elevator control tab mechanisms for gaps between the swage ring and the aft attach lug, and between the spacer and the aft attach lug; trying to move or rotate the spacer using hand pressure; and replacing any discrepant elevator tab control mechanism, including performing the detailed inspection on the replacement part before and after installation. This AD is prompted by a report of failure of the aft attach lugs on the left elevator tab control mechanism, which resulted in severe elevator vibration. We are issuing this AD to detect and correct a loose bearing in the aft lug of the elevator tab control mechanism, which could result in unwanted elevator and tab vibration. The consequent structural failure of the elevator or horizontal stabilizer could result in loss of aircraft control and structural integrity.
Airworthiness Directives; Bombardier, Inc. Model BD-100-1A10 (Challenger 300) Airplanes
Document Number: 2010-6785
Type: Rule
Date: 2010-04-02
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:
Trade Adjustment Assistance; Merit Staffing of State Administration and Allocation of Training Funds to States
Document Number: 2010-6697
Type: Rule
Date: 2010-04-02
Agency: Employment and Training Administration, Department of Labor
The Employment and Training Administration (ETA) of the Department of Labor (Department) issues this final rule to implement changes to the regulations for the Trade Adjustment Assistance for Workers (TAA) program under the Trade Act of 1974, as amended (Trade Act). This rule requires that personnel engaged in TAA-funded functions undertaken to carry out the worker adjustment assistance provisions must be State employees covered by a merit system of personnel administration. This rule also prescribes the system for allocating training funds to the States, as required by amendments to the Trade Act contained in the American Recovery and Reinvestment Act of 2009, commonly called the Recovery Act. The Recovery Act included provisions which reauthorized and significantly amended the TAA program.
Airworthiness Directives; Turbomeca ARRIEL 1B, 1D, 1D1, 2B, and 2B1 Turboshaft Engines
Document Number: 2010-6628
Type: Rule
Date: 2010-04-02
Agency: Federal Aviation Administration, Department of Transportation
We are revising an existing 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:
Transmission Relay Loadability Reliability Standard
Document Number: 2010-6568
Type: Rule
Date: 2010-04-02
Agency: Department of Energy, Federal Energy Regulatory Commission
Pursuant to section 215 of the Federal Power Act, the Federal Energy Regulatory Commission approves the Transmission Relay Loadability Reliability Standard (PRC-023-1), developed by the North American Electric Reliability Corporation (NERC). Reliability Standard PRC-023-1 requires transmission owners, generator owners, and distribution providers to set load-responsive phase protection relays according to specific criteria in order to ensure that the relays reliably detect and protect the electric network from all fault conditions, but do not limit transmission loadability or interfere with system operators' ability to protect system reliability. In addition, pursuant to section 215(d)(5) of the Federal Power Act, the Commission directs NERC to develop modifications to the Reliability Standard to
Airworthiness Directives; The Boeing Company Model 747-200C and -200F Series Airplanes
Document Number: 2010-6546
Type: Rule
Date: 2010-04-02
Agency: Federal Aviation Administration, Department of Transportation
The FAA is superseding an existing airworthiness directive (AD), which applies to certain Model 747-200C and -200F series airplanes. That AD currently requires repetitive inspections to find fatigue cracking in the floor panel attachment fastener holes of the upper chord of certain upper deck floor beams in Section 41 (i.e., body station 520 and forward), and repair if necessary. The existing AD also provides optional modifications, which extend the threshold for initiating certain repetitive inspections. This new AD requires additional repetitive inspections to find fatigue cracking in the floor panel attachment fastener holes of the upper chord of certain other upper deck floor beams in Section 41 and Section 42 (i.e., aft of body station 520); repetitive inspections to find fatigue cracking in the permanent fastener holes of the upper chord of certain upper deck floor beams in Section 41; and related investigative and corrective actions. This new AD also provides a new optional modification, which terminates certain repetitive inspections. This AD results from new reports of cracking in the upper chord of the upper deck floor beams in Sections 41 and 42, and new analysis that shows the permanent fastener holes of the upper chord of certain upper deck floor beams in Section 41 are also susceptible to fatigue cracking. We are issuing this AD to detect and correct cracking in the upper chord of the upper deck floor beams. Such cracking could extend and sever the floor beams, which could result in rapid decompression and loss of controllability of the airplane.
Energy Conservation Program: Test Procedures for Battery Chargers and External Power Supplies
Document Number: 2010-6318
Type: Proposed Rule
Date: 2010-04-02
Agency: Department of Energy
The U.S. Department of Energy (DOE) proposes major revisions to its test procedures for battery chargers and external power supplies. In particular, DOE proposes to insert a new active mode energy consumption test procedure for battery chargers, to assist in the development of energy conservation standards as directed by the Energy Independence and Security Act of 2007. DOE also proposes to amend portions of its existing standby and off mode battery charger test procedure to shorten the measurement time. DOE is also considering amending its existing active mode single-voltage external power supply test procedure to permit testing of certain types of external power supplies that the existing test procedure may be unable to test.
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