June 2, 2010 – Federal Register Recent Federal Regulation Documents

This document corrects technical errors that appeared in the supplementary proposed rule entitled ``Medicare Program; Supplemental Proposed Changes to the Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Supplemental Proposed Fiscal Year 2011 Rates'' which was filed for public inspection on May 21, 2010.

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: Following five reported cases of balance washer screw failure on similar ADGs [air-driven generators]/ram air turbines installed on other aircraft types, investigation by Hamilton Sundstrand determined that a specific batch of the screws had a metallographic non-conformity that increased their susceptibility to brittle fracture. Failure of a balance washer screw can result in loss of the related balance washer, with consequent turbine imbalance. Such imbalance could potentially result in ADG structural failure (including blade failure), loss of ADG electrical power and structural damage to the aircraft and, if deployment was activated by a dual engine shutdown, could also result in loss of hydraulic power for the flight controls [and consequent reduced ability of the flightcrew to maintain the safe flight and landing of the airplane]. The proposed AD would require

This final rule brings Federal Aviation Administration commercial space transportation regulations into compliance with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996. The rule makes mandatory inflation-based adjustments to the maximum civil penalty contained in 14 CFR part 406 authorized for violations of the Commercial Space Launch Act of 1984, as codified at 49 U.S.C. subtitle IX, ch. 701, Commercial Space Launch Activities.

NMFS announces that the State of North Carolina is transferring a portion of its 2010 commercial summer flounder quota to the Commonwealth of Virginia. By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved.

NMFS and USFWS hereby extend the comment period on the proposed listing of nine distinct population segments of loggerhead sea turtles as endangered or threatened, which was published on March 16, 2010, until September 13, 2010. In addition, NMFS and USFWS will hold a public hearing in Berlin, MD, on June 16, 2010 to answer questions and receive public comments.

This action proposes to revoke and establish Class E airspace in Northeast Alaska. The recent removal of a Colored Federal Airway near Kaktovik, AK, duplication of controlled airspace near Mentasta Lake, AK, and the establishment of one Special Area Navigation Standard Instrument Approach Procedure (SIAP) at Eagle Airport, AK, have made these actions necessary to enhance safety and management of Instrument Flight Rules (IFR) operations.

The Audio Division seeks comments on the proposed deletion of Channel 299C2 at Pacific Junction, Iowa. The reference coordinates for Channel 299C2 at Pacific Junction are 18-20-36 NL and 64-55-48 WL. Interested parties must file comments expressing an interest for Channel 299C2 at Pacific Junction to prevent its deletion. Any party filing a comment expressing an interest in retaining service in Pacific Junction will be required to provide evidence, demonstrating that a properly spaced site is technically feasible and meets FAA criteria. Additionally, any expressions of interest specifying sites conforming with the minimum distance separation requirements of Section 73.207(b) in response to this Notice will be required to submit specific showings demonstrating the ability to provide a 3.16 mV/m contour over the entire principal community of Pacific Junction, as required by Section 73.315 of the Commission's Rules. Although site certification is generally not required in the context of a rulemaking proceeding, we believe the facts in this case warrant a departure from that policy. Any interested party will be required to provide information demonstrating that it has reasonable assurance of transmitter site availability.

The FAA is correcting the introductory text in paragraph (a) of Sec. 91.177 that was published on August 18, 1989. The phrase, ``or unless otherwise authorized by the Administrator'' was inadvertently removed from paragraph (a) introductory text. This action reinstates that phrase with a minor revision.

The Coast Guard proposes to revise the operating procedures on the Baring Cross Railroad Drawbridge across the Arkansas Waterway at mile 119.6 at Little Rock, AR, so that vessel operators will contact the remote drawbridge operator via microphone keying four times within five seconds on VHF-FM Channel 13 when requesting a draw opening. This keying will activate an indicator on the remote drawbridge operator's console and send an acknowledgement tone back to the vessel. The remote drawbridge operator would then establish normal verbal radio communications. The intent is to isolate and differentiate the vessel operator radio communications from the railroad communications that the remote drawbridge operator receives, thus ensuring that vessel calls receive immediate attention.

The Coast Guard proposes to change the regulations that govern the operation of the Pennington Avenue Bridge across Curtis Creek, at mile 0.9, in Baltimore, MD. The proposed rule would eliminate the need for a bridge tender by allowing the bridge to be operated from a remote location at the City of Baltimore Transportation Management Center. This proposed change would maintain the bridge's current level of operational capabilities and continue providing for the reasonable needs of vehicular transportation and vessel navigation. This proposed rule will also correct the statute mile marker of the I695 Bridge which is also across Curtis Creek in Baltimore, MD.

The Coast Guard is establishing 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.

We are revising the criteria in the Listing of Impairments (the listings) that we use to evaluate claims involving hearing loss under titles II and XVI of the Social Security Act (Act). The revisions reflect our adjudicative experience, advances in medical knowledge, treatment, and methods of evaluating hearing loss, and public comments we received in response to a Notice of Proposed Rulemaking (NPRM).

We, the U.S. Fish and Wildlife Service, announce a 12-month finding on a petition to remove Cirsium vinaceum (Sacramento Mountains thistle) from the Federal List of Threatened and Endangered Plants under the Endangered Species Act. After reviewing the best scientific and commercial information available, we find that delisting C. vinaceum is not warranted. However, we ask the public to submit to us any new information that becomes available concerning the status of, or threats to, the species or its habitats at any time. This information will help us monitor and encourage the conservation of this species.

The U.S. Department of Energy (DOE) proposes amendments to its test procedure for residential central air conditioners and heat pumps. The proposed amendments would add requirements for the calculation of sensible heat ratio, incorporate a method to evaluate off mode power consumption, and add parameters for establishing regional measures of energy efficiency. DOE will hold a public meeting to receive and discuss comments on the proposal.