May 13, 2011 – Federal Register Recent Federal Regulation Documents

We propose to adopt a new airworthiness directive (AD) for Eurocopter Deutschland (ECD) Model EC135 helicopters. This proposed AD results from a mandatory continuing airworthiness information (MCAI) AD issued by the aviation authority of the Federal Republic of Germany, with which we have a bilateral agreement, to identify and correct an unsafe condition. The MCAI AD states that in the past, the FADEC FAIL caution light illuminated on a few EC135 T1 helicopters. They state that this was caused by a discrepancy in the parameters which were generated within the fuel main metering unit and transmitted to the FADEC. This discrepancy led to the display of the FADEC FAIL caution light and ``freezing'' of the fuel main metering valve at its position resulting in loss of the automatic engine control in the affected system. With the EASA AD, a synchronization procedure for pilots, which was already used in the past, is being re-introduced, which prevents the parameter discrepancy arising and thus sustains the automatic engine control. The proposed AD actions are intended to prevent failure of the FADEC to automatically meter fuel, indicated by a FADEC FAIL cockpit caution light, and subsequent loss of control of the helicopter.

This final rule amends the Pension Benefit Guaranty Corporation's regulation on Benefits Payable in Terminated Single- Employer Plans to prescribe interest assumptions under the regulation for valuation dates in June 2011. The interest assumptions are used for paying benefits under terminating single-employer plans covered by the pension insurance system administered by PBGC.

EPA is proposing to approve a revision to the Delaware State Implementation Plan (SIP) submitted by the State of Delaware through the Delaware Department of Natural Resources and Environmental Control (DNREC) on September 25, 2008 that addresses regional haze for the first implementation period. This revision addresses the requirements of the Clean Air Act (CAA) and EPA's rules that require states to prevent any future, and remedy any existing, anthropogenic impairment of visibility in mandatory Class I areas caused by emissions of air pollutants from numerous sources located over a wide geographic area (also referred to as the ``regional haze program''). States are required to assure reasonable progress toward the national goal of achieving natural visibility conditions in Class I areas. EPA is proposing to determine that the Regional Haze plan submitted by Delaware satisfies the requirements of the CAA. EPA is taking this action pursuant to those provisions of the CAA. EPA is also proposing to approve this revision as meeting the requirements of 110(a)(2)(D)(i)(II) and 110(a)(2)(J), relating to visibility protection for the 1997 8-Hour Ozone National Ambient Air Quality Standard (NAAQS) and the 1997 and 2006 fine particulate matter (PM2.5) NAAQS.

The Coast Guard is establishing a temporary safety zone on Lake Charlevoix near Boyne City, Michigan. This zone is intended to restrict vessels from a portion of Lake Charlevoix due to a fireworks display. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with a fireworks display.

The Securities and Exchange Commission (``Commission'' or ``SEC'') intends to issue an order that would adjust two dollar amount tests in the rule under the Investment Advisers Act of 1940 that permits investment advisers to charge performance based compensation to ``qualified clients.'' The adjustments would revise the dollar amount tests to account for the effects of inflation. The Commission is also proposing to amend the rule to: provide that the Commission will issue an order every five years adjusting for inflation the dollar amount tests; exclude the value of a person's primary residence from the test of whether a person has sufficient net worth to be considered a ``qualified client;'' and add certain transition provisions to the rule.

On May 4, 2011, a final rule was published in the Federal Register announcing that NMFS had issued regulations to govern the unintentional take of marine mammals incidental to Navy training activities conducted in the Gulf of Alaska Temporary Maritime Training Activities Area. That document inadvertently omitted the MK-39 Expendable Mobile ASW Training Target (EMATT) from Table 1. In addition, Table 5 inadvertently omitted a column displaying the total number of takes authorized over the course of the 5-year rule. This document corrects those oversights. All other information is unchanged.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a new animal drug application (NADA) filed by Pfizer, Inc. The NADA provides for the veterinary prescription use of gonadotropin releasing factor-diphtheria toxoid conjugate by subcutaneous injection for temporary immunological castration (suppression of testicular function) and reduction of boar taint in intact male pigs intended for slaughter.

We propose to adopt a new airworthiness directive (AD) for the specified Eurocopter France Model EC 120B helicopters. This proposed AD would require modifying the pilot cyclic control friction device by replacing a certain thrust washer with two thrust washers. This proposed AD is prompted by an incident in which the pilot encountered a sudden restriction of the cyclic control movement during flight. The actions specified by this proposed AD are intended to prevent jamming of a pilot cyclic control stick and subsequent loss of control of the helicopter.

The Coast Guard is establishing special local regulations during the swim segment of the ``TriRock Annapolis'' triathlon, a marine event to be held on the waters of Spa Creek and Annapolis Harbor on May 14, 2011. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to temporarily restrict vessel traffic in a portion of Spa Creek and Annapolis Harbor during the event.

EPA is proposing to approve a request submitted by the Indiana Department of Environmental Management on November 24, 2010 to revise the Indiana State Implementation Plan (SIP). The submission revises the Indiana Administrative Code (IAC) by amending and updating the definition of ``References to the Code of Federal Regulations,'' to refer to the 2009 edition. The submission revision also makes a minor revision to the definition of ``Nonphotochemically reactive hydrocarbons'' or ``negligibly photochemically reactive compounds'' by deleting an outdated Federal Register citation.

The Copyright Office is making non-substantive amendments to its regulations to reflect a reorganization that has moved the Recordation function from the Visual Arts and Recordation Division of the Registration and Recordation Program to the Information and Records Division. As a result of this reorganization, the name of the Registration and Recordation Program has been changed to the Registration Program.

This rule establishes the quantity of spearmint oil produced in the Far West, by class, that handlers may purchase from, or handle on behalf of, producers during the 2011-2012 marketing year, which begins on June 1, 2011. This rule establishes salable quantities and allotment percentages for Class 1 (Scotch) spearmint oil of 694,774 pounds and 34 percent, respectively, and for Class 3 (Native) spearmint oil of 1,012,983 pounds and 44 percent, respectively. The Spearmint Oil Administrative Committee (Committee), the agency responsible for local administration of the marketing order for spearmint oil produced in the Far West, recommended these limitations for the purpose of avoiding extreme fluctuations in supplies and prices to help maintain stability in the spearmint oil market.

The Department of Agriculture is adopting, as a final rule, without change, an interim rule that added an exemption to the marketing order for Oregon-Washington pears that provides for the sale of fresh pears directly to consumers without regard to regulation. For each customer, the interim rule provided an exemption for consumer- direct sales of up to 220 pounds of fresh pears per transaction, for home use only, made directly at orchards, packing facilities, roadside stands, or farmers' markets without regard to the marketing order's assessment, reporting, handling, and inspection requirements. This action is intended to provide increased marketing flexibility to small pear handlers, while facilitating the sale of fresh, local pears directly to consumers.

On February 11, 2011, the U.S. Small Business Administration (SBA or Agency) published a final rule in the Federal Register making changes to the regulations governing the section 8(a) Business Development (BD) program. SBA announces that it is holding tribal consultation meetings in Milwaukee, Wisconsin and Anchorage, Alaska to discuss the recent changes to the 8(a) BD program regulations, specifically to take comments on the mandatory reporting of community benefits provision scheduled to take effect on September 9, 2011, unless SBA further delays implementation through publication in the Federal Register. Testimony presented at these tribal consultation meetings will become part of the administrative record for SBA's consideration when the Agency deliberates on approaches to tracking community benefits.

EPA is approving a State Implementation Plan (SIP) revision submitted by the Virginia Department of Environmental Quality (VADEQ) on October 27, 2010. This revision pertains to EPA's greenhouse gas (GHG) Prevention of Significant Deterioration (PSD) permitting provisions as promulgated on June 3, 2010 in the Tailoring Rule. The SIP revision modifies Virginia's PSD program to establish appropriate emission thresholds for determining which new stationary sources and modifications become subject to Virginia's PSD permitting requirements for their GHG emissions. EPA is approving Virginia's SIP revision because the Agency has determined that this SIP revision is in accordance with the CAA and Federal regulations regarding PSD permitting for GHGs.

The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a Department of Homeland Security/U.S. Coast Guard system of records titled, ``Department of Homeland Security/U.S. Coast Guard008 Courts Martial Case Files System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the Department of Homeland Security/U.S. Coast Guard008 Courts Martial Case Files System of Records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment Draft Regulatory Guide (DG)-1250, ``Guidance for ITAAC Closure Under 10 CFR Part 52.'' The DG-1250 describes a method that the staff of the NRC considers acceptable for use in satisfying the requirements for documenting the completion of inspections, tests, analyses, and acceptance criteria (ITAAC).

This final rule amends the Federal motor vehicle safety standard that specifies performance requirements for motorcycle helmets to reduce traumatic brain injury and other types of head injury. Some of the amendments will help to increase the benefits of that standard by making it easier for State and local law enforcement officials to enforce State laws requiring the use of helmets meeting that standard. Some motorcyclists use noncompliant helmets known as novelty helmets. These helmets are not certified to the agency's helmet standard and have been shown in testing to fail all or almost all of the safety performance requirements in that standard. Some novelty helmet users attempt to make their helmets appear to law enforcement agencies and the courts to be compliant by misleadingly attaching labels that have the appearance of legitimate ``DOT'' certification labels. This final rule revises the existing requirements for the ``DOT'' certification label and other labels and adds new requirements to make it more difficult to label novelty helmets misleadingly. The other amendments will aid NHTSA in enforcing the standard by setting reasonable tolerances for certain test conditions, devices and procedures. Specifically, this final rule sets a quasi-static load application rate for the helmet retention system; revises the impact attenuation test by specifying test velocity and tolerance limits and removing the drop height test specification; provides tolerances for the helmet conditioning specifications and drop assembly weights; and revises requirements related to size labeling and location of the DOT symbol.

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:

We are superseding an existing airworthiness directive (AD) that applies to 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:

We are superseding an existing airworthiness directive (AD) for Cessna Aircraft Company (Cessna) 150, 152, 170, 172, 175, 177, 180, 182, 185, 188, 190, 195, 206, 207, 210, T303, 336, and 337 series airplanes. That AD currently requires repetitive inspections and replacement of parts, if necessary, of the seat rail and seat rail holes; seat pin engagement; seat rollers, washers, and axle bolts or bushings; wall thickness of roller housing and the tang; and lock pin springs. This new AD requires retaining all of the actions from the previous AD and adding steps to the inspection procedures in the previous AD. This AD was prompted by added steps to the inspection procedures, added revised figures, and clarification of some of the existing steps. We are issuing this AD to prevent seat slippage or the seat roller housing from departing the seat rail, which may consequently cause the pilot/copilot to be unable to reach all the controls. This failure could lead to the pilot/copilot losing control of the airplane.