August 2010 – Federal Register Recent Federal Regulation Documents

The U.S. Parole Commission is amending a rule that implements its authority under the District of Columbia Youth Rehabilitation Act to set aside a conviction for a youth offender. The rule acknowledges the Commission's authority to set aside a youth offender's misdemeanor conviction and describes the information the Commission examines in making such a determination. Also, the rule clarifies the Commission's policy for issuing a set-aside certificate for a youth offender who was formerly on supervised release and who was not reviewed for the set- aside certificate before the offender's sentence expired. The rule adopts the Commission's established criteria for conducting set-aside reviews when a youth offender's parole term ends before such a review has been held.

We, the U.S. Fish and Wildlife Service (Service), propose to reintroduce whooping cranes (Grus americana), a federally listed endangered species, into habitat in its historic range in southwestern Louisiana with the intent to establish a nonmigratory flock that lives and breeds in the wetlands, marshes, and prairies there. We propose to classify the flock as a nonessential experimental population (NEP) according to section 10(j) of the Endangered Species Act of 1973 (Act), as amended. Releases will be within the historic breeding area in southwestern Louisiana near White Lake in Vermilion Parish. This proposed rule provides a plan for establishing the NEP and provides for allowable legal incidental take of whooping cranes within the defined NEP area. The objectives of the reintroduction are to advance recovery of the endangered whooping crane. No conflicts are envisioned between the reintroduction and any existing or anticipated Federal, State, Tribal, local government, or private actions such as oil/gas exploration and extraction, aquacultural practices, agricultural practices, pesticide application, water management, construction, recreation, trapping, or hunting.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to remove the Stephens' kangaroo rat (Dipodomys stephensi) from the Federal List of Endangered and Threatened Wildlife under the Endangered Species Act of 1973, as amended. After a review of the best available scientific and commercial information, we find that delisting the Stephens' kangaroo rat is not warranted at this time. However, we ask the public to submit to us any new information that becomes available concerning the threats to the Stephens' kangaroo rat or its habitat at any time. This information will help us monitor and encourage the conservation of this species.

This action amends Class E airspace for Center, TX to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAP) at Center Municipal Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.

This action will remove Class E surface airspace at Orcas Island Airport, Eastsound, WA. Controlled airspace already exists in the Eastsound, WA area that accommodates the safety and management of aircraft operations at Orcas Island Airport.

This action amends Class E airspace for Pauls Valley, OK to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAPs) at Pauls Valley Municipal Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.

We propose to revise the criteria in the Listing of Impairments (listings) that we use to evaluate claims involving mental disorders in adults and children under titles II and XVI of the Social Security Act (Act). We also propose to remove certain sections of our regulations and incorporate some of their provisions into other sections of our regulations. The proposed revisions reflect our adjudicative experience, advances in medical knowledge, recommendations from a report we commissioned, and comments we received from experts and the public in response to an advance notice of proposed rulemaking (ANPRM) and at an outreach policy conference.

We propose to adopt a new airworthiness directive (AD) for various transport airplanes equipped with certain B/E Aerospace protective breathing equipment (PBE) units. This proposed AD would require removing affected PBE units. This proposed AD results from reports of potentially defective potassium superoxide canisters used in PBE units, which could result in an exothermic reaction and ignition. We are proposing this AD to prevent PBE units from igniting, which could result in a fire and possible injury to the flightcrew or other persons.

The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of updated and reissued system of records pursuant to the Privacy Act of 1974 for the ``Department of Homeland Security/ALL027 The History of the Department of Homeland Security System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the ``Department of Homeland Security/ALL027 The History of the Department of Homeland Security System of Records'' from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

This regulation establishes tolerances for residues of mancozeb in or on multiple commodities which are identified and discussed later in this document. The Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). In addition, this action establishes a time-limited tolerance for residues of mancozeb in or on walnuts in response to the approval of a specific exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing the use of mancozeb on walnuts to control walnut blight. This regulation establishes a maximum permissible level of residues of mancozeb in walnuts. The time-limited tolerance on walnuts expires and is revoked on December 31, 2013. Also, this action revises the introductory text of paragraphs (a) and (b).

On January 26, 2010, the Commodity Futures Trading Commission (``CFTC'' or ``Commission'') proposed to implement position limits for futures and option contracts based on a limited set of exempt commodities,\1\ namely certain energy commodities (``Federal Speculative Position Limits for Referenced Energy Contracts and Associated Regulations,'' for ease of reference, herein referred to as the ``Energy Proposal'').\2\ In accord with the significant amendments introduced to the Commodity Exchange Act of 1936 (``Act'' or ``CEA'') by the recent enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act''),\3\ the Commission is withdrawing its Energy Proposal as it plans to issue a notice of rulemaking proposing position limits for regulated exempt commodity contracts, including energy commodity contracts, as directed by the Act.

These special conditions are issued for the AeroMech, Incorporated; Hawker Beechcraft Corporation, model B200 and other part 23 aircraft listed on the AML. These airplanes as modified by AeroMech, Incorporated will have a novel or unusual design feature(s) associated with installation of the Mid-Continent Instruments MD835 Lithium Ion (Li-ion) battery. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

On September 8, 2009, FEMA published in the Federal Register a proposed rule that contained an erroneous table. This notice provides corrections to that table, to be used in lieu of the information published at 74 FR 46047. The table provided here represents the flooding sources, location of referenced elevations, effective and modified elevations, and communities affected for York County, Maine

The Department of Defense is publishing this final rule to implement section 4 of the Hubbard Actand section 734 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009. These Acts provide two new categories of beneficiaries for the Transitional Assistance Management Program (TAMP). Specifically, a member who receives a sole survivorship discharge and a member who is separated from Active Duty who agrees to become a member of the Selected Reserve of the Ready Reserve of a reserve component are eligible for TAMP.

TRICARE has recognized the unique circumstances existing in Alaska which make the provision of medical care to TRICARE beneficiaries through the TRICARE program operated in the other 49 states unrealistic. Recognizing these unique conditions and circumstances, the Department of Defense has conducted a demonstration project in the state of Alaska since implementation of the TRICARE program under which certain exceptions have been made for administration of the program in Alaska. This rule incorporates the waiver of the requirement for financial underwriting by a TRICARE contractor as a permanent change to the administration of the TRICARE program in Alaska. This rule proposes no change to the TRICARE benefit or to those who are eligible for it. However, the rule does eliminate the financial underwriting of health care costs in the state of Alaska by a TRICARE contractor.

In accordance with NHTSA's 2007 Motorcoach Safety Plan and DOT's 2009 Departmental Motorcoach Safety Action Plan, NHTSA is issuing this NPRM to propose to amend the Federal motor vehicle safety standard (FMVSS) on occupant crash protection (FMVSS No. 208) to require lap/ shoulder seat belts for each passenger seating position in new motorcoaches. This NPRM also proposes to require a lap/shoulder belt for the motorcoach and large school bus driver's seating positions, which currently are required to have either a lap or a lap/shoulder belt. Although motorcoach transportation overall is a safe form of transportation in the United States, several motorcoach crashes in 2008 have illustrated that motorcoach rollover crashes, while a relatively rare event, can cause a significant number of fatal or serious injuries in a single event. NHTSA's safety research on motorcoach seat belts, completed in 2009, shows that the installation of lap/shoulder belts on motorcoaches is practicable and effective. We believe that the seat belt assemblies that would be installed on motorcoach passenger seats pursuant to this rulemaking could reduce the risk of fatal injuries in rollover crashes by 77 percent, primarily by preventing occupant ejection in a crash.

The Coast Guard proposes two temporary safety zones while the U.S. Navy Blue Angels Squadron conducts aerobatic performances over Kaneohe Bay, Oahu, Hawaii. These safety zones are necessary to protect watercraft and the general public from hazards associated with the U.S. Navy Blue Angels aircraft low flying, high powered jet aerobatics over open waters. Vessels desiring to transit through the zones can request permission by contacting the Honolulu Captain of the Port at telephone number 808-842-2600.

CCC is amending a previous final rule that implemented the 2008 Farm Bill provisions for the cotton program. The correction removes definitions that are no longer used concerning Northern Europe prices for cotton. CCC is also making clarifying changes to the regulations for the cotton program and for CCC-approved warehouses. CCC is clarifying the payment calculation for upland cotton that is eligible for the Economic Adjustment Assistance Program (EAAP) and clarifying the definition of ``active shipping order.''

The FAA is superseding an existing airworthiness directive (AD) for Pratt & Whitney (PW) JT8D-209, -217, -217A, -217C, and -219 turbofan engines. That AD currently requires revisions to the engine manufacturer's time limits section (TLS) to include enhanced inspection of selected critical life-limited parts at each piece-part opportunity. This AD requires modifying the TLS of the manufacturer's engine manual and an air carrier's approved continuous airworthiness maintenance program to incorporate additional inspection requirements. Pratt & Whitney has developed and the FAA has approved improved inspection procedures for the critical life-limited parts. The mandatory inspections are needed to identify those critical rotating parts with conditions, which if allowed to continue in service, could result in uncontained failures. We are issuing this AD to prevent critical life- limited rotating engine part failure, which could result in an uncontained engine failure and damage to the airplane.

This regulation establishes an exemption from the requirement of a tolerance for residues of diethylene glycol (DEG) (CAS No. 111-46- 6) when used as an inert ingredient as a solvent, stabilizer and/or antifreeze within pesticide formulations without limitation, under 40 CFR 180.920, for use on growing crops and raw agricultural commodities pre-harvest Huntsman, Dow AgroSciences L.L.C., Nufarm Americas Inc., BASF, Stepan Company, Loveland Products Inc., and Rhodia Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of DEG.

This regulation establishes an exemption from the requirement of a tolerance for residues of 2-(2'-hydroxy-3', 5'-di-tert-amylphenyl) benzotriazole (CAS Reg. No. 25973-55-1) and Phenol, 2-(2H- benzotriazole-2-yl)-6-dodecyl-4-methyl; (CAS Reg. No. 23328-53-2) when used as a ultraviolet (UV) stabilizer at a maximum concentration of 0.6% in insecticide formulations applied pre-harvest to adzuki beans, canola, chickpeas, cotton, faba beans, field peas, lentils, linola, linseed, lucerne, lupins, mung beans, navy beans, pigeon peas, safflower, sunflower, and vetch under 40 CFR 180.920. Ag-Chem Consulting on behalf of Caltex Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of 2-(2'-hydroxy-3', 5'-di-tert-amylphenyl) benzotriazole and Phenol, 2-(2H-benzotriazole-2- yl)-6-dodecyl-4-methyl.

The Environmental Protection Agency Region VIII is making a final determination to approve an alternative final cover for the Lake County landfill, a municipal solid waste landfill (MSWLF) owned and operated by Lake County, Montana on the Confederated Salish and Kootenai Tribes' Flathead Reservation in Montana. EPA is promulgating a site-specific rule proposed on February 10, 2010, that approves an alternative final cover for the Lake County, Montana landfill.

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:

This document publishes in the Federal Register an amendment adopting Airworthiness Directive (AD) 2010-15-51, which was sent previously to all known U.S. owners and operators of Agusta S.p.A. (Agusta) Model A119 and AW119 MKII helicopters by individual letters. This AD requires, within 5 hours time-in-service (TIS), and thereafter at intervals not to exceed 50 hours TIS, removing the cover of each pilot and co-pilot control box assembly (control box) and inspecting each rotary variable differential transformer (RVDT) control gear locking pin (locking pin) for proper position. If a locking pin is recessed, extended, or missing, this AD requires replacing the control box before further flight. This amendment is prompted by a report that an RVDT locking pin that was installed on a Model AW119 MKII helicopter moved from its proper position, resulting in loss of connectivity of the pilot and co-pilot throttle controls. The actions specified by this AD are intended to prevent the RVDT locking pin from moving from its proper position, which could lead to loss of manual engine throttle control, and subsequent loss of control of the helicopter.