September 2012 – Federal Register Recent Federal Regulation Documents

We propose to supersede an existing airworthiness directive (AD) that applies to certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, & 702) airplanes, Model CL-600-2D15 (Regional Jet Series 705) airplanes, and Model CL-600-2D24 (Regional Jet Series 900) airplanes. The existing AD currently requires repetitive inspections of the rudder travel limiter (RTL) return springs and primary actuator, and corrective actions if necessary. Since we issued that AD, terminating action has been developed which eliminates the need for the repetitive inspections. This proposed AD would require replacing certain RTL return springs, including doing related investigative and corrective actions, if necessary; and would also revise the applicability. We are proposing this AD to prevent failure of the RTL, which would permit an increase of rudder authority beyond normal structural limits and consequently affect the controllability of the airplane.

The Postal Service will revise Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM[supreg]) 705.8.10.2 to align pallet preparation standards for Periodicals with those currently required for Periodicals prepared in sacks and similar containers. The Postal Service will also align the preparation standards for merged pallets of Periodicals in DMM 705.10, 705.12 and 705.13 with other DMM sections by allowing mailers using these programs to place Periodicals bundles directly on mixed area distribution center (ADC) pallets.

The United States Small Business Administration (SBA) is increasing the small business size standards for 21 industries and one sub-industry in North American Industry Classification System (NAICS) Sector 53, Real Estate and Rental and Leasing, and retaining the current standards for the remaining four industries in that Sector. As part of its ongoing comprehensive review of all size standards, SBA evaluated all size standards for industries in NAICS Sector 53 to determine whether they should be retained or revised.

We are adopting a new airworthiness directive (AD) all Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135 airplanes, and Model EMB-145, -145ER, -145MR, -145LR, -145MP, and -145EP airplanes. This AD was prompted by a report of a lightning strike hitting an airplane tail boom causing certain rear bulkhead parts to jam an elevator control rod. This AD requires installing or reworking, as applicable, metallic diverters and aluminum sheets; modifying the light assembly on the tail boom rear movable fairing; and replacing the hood assembly with a new hood assembly and rerouting its electrical harness. We are issuing this AD to prevent lightning strikes from causing certain parts to contact the airplane pitch control system, which could reduce airplane controllability.

We are adopting a new airworthiness directive (AD) for certain Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes. This AD was prompted by reports of burned contacts in a certain production break plug and its corresponding receptacle. This AD requires modifying galley power supply wiring by disconnecting it from the affected plug/ receptacle and reconnecting the power supply wiring through splices. We are issuing this AD to prevent a high electrical load, which might lead to overheating of the galley power supply wiring and/or the electrical connector and consequent smoke or fire in the galley area, which could result in damage to the airplane and injury to occupants.

This document proposes to amend the FM Table of Allotments. The Commission requests comment on a petition filed by Big Cat Broadcasting, LLC, proposing to amend the Table of Allotments by substituting Channel 277A for vacant Channel 291A, at Knox City, Texas. The proposal is part of a contingently filed ``hybrid'' application and rule making petition. Channel 277A can be allotted at Knox City, Texas, in compliance with the Commission's minimum distance separation requirements at a site with reference coordinates of 33-33-08 North Latitude and 99-49-38 West Longitude. See SUPPLEMENTARY INFORMATION infra.

The Federal Emergency Management Agency (FEMA) is withdrawing its proposed rule concerning proposed flood elevation determinations for the Unincorporated Areas of Hoke County, North Carolina.

NMFS proposes regulations to implement Framework Adjustment 5 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan (MSB FMP), which was developed and adopted by the Mid-Atlantic Fishery Management Council and submitted to NMFS for approval. This action proposes broadening the scope of individuals and entities approved to complete vessel fish hold capacity certifications for vessels issued Tier 1 and 2 limited access Atlantic mackerel permits.

We are adopting as a final rule, without change, an interim rule that amended the Asian longhorned beetle regulations by adding portions of Worcester County, MA, and Clermont County, OH, to the list of quarantined areas and by removing a portion of Suffolk County, NY, from the list of quarantined areas. The interim rule was necessary to prevent the artificial spread of Asian longhorned beetle to noninfested areas of the United States and to relieve restrictions on certain areas that were no longer necessary.

NMFS is prohibiting directed fishing for pollock in Statistical Area 620 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the C season allowance of the 2012 total allowable catch of pollock for Statistical Area 620 in the GOA.

The Federal Emergency Management Agency (FEMA) is withdrawing its proposed rule concerning proposed flood elevation determinations for the Unincorporated Areas of Highlands County, Florida.

The Forest Service is making purely technical, nonsubstantive changes to Forest Service regulations. These regulations authorize issuance of an order prohibiting operation or use of any internal or external combustion engine without a spark arresting device that is properly installed, maintained, and in effective working order in accordance with the standards. The reference to the standard is obsolete and needs to be updated. The standard does not apply and needs to be removed.

This document publishes the final data on thefts of model year (MY) 2010 passenger motor vehicles that occurred in calendar year (CY) 2010. The final 2010 theft data indicated a decrease in the vehicle theft rate experienced in CY/MY 2010. The final theft rate for MY 2010 passenger vehicles stolen in calendar year 2010 is 1.17 thefts per thousand vehicles, a decrease of 12.03 percent from the rate of 1.33 thefts per thousand in 2009. Publication of these data fulfills NHTSA's statutory obligation to periodically obtain accurate and timely theft data and publish the information for review and comment.

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Broadway Bridge across the Willamette River, mile 11.7, at Portland, OR. This deviation is necessary to accommodate the running of the Portland Marathon. This deviation allows the bridge to remain in the down or closed position during the marathon.

The National Indian Gaming Commission (NIGC) is amending its technical standards to change the order of the first five sections; add definitions and amend existing definitions; amend requirements and time restrictions for grandfathered Class II gaming systems; amend the requirements concerning minimum odds for Class II games; amend standards for test labs; remove references to the Federal Communications Commission and Underwriters Laboratory; require a player interface to display a serial number and date of manufacture; amend requirements concerning approval of downloads to a Class II gaming system; and clarify the term ``alternate standard.''

This rule prescribes the hunting seasons, hours, areas, and daily bag and possession limits for general waterfowl seasons and those early seasons for which States previously deferred selection. Taking of migratory birds is prohibited unless specifically provided for by annual regulations. This rule permits the taking of designated species during the 2012-13 season.

The Secretary of Education and the Secretary of Health and Human Services (hereafter ``the Secretaries'') announce requirements for Phase 2 of the Race to the TopEarly Learning Challenge (RTT-ELC) program. In Phase 2, we will make awards to certain States that applied for, but did not receive, funding under the RTT-ELC competition held in fiscal year (FY) 2011 (FY 2011 RTT-ELC competition). Specifically, we will consider eligible the five highest scoring applicants that did not receive funding in the FY 2011 RTT-ELC competition, each of which received approximately 75 percent or more of the available points under the competition. We take this action to fund down the slate of the FY 2011 RTT-ELC competition and to establish the information and assurances that the five eligible applicants will need to provide in order to receive funding under Phase 2 of the RTT-ELC program.

We propose to supersede an existing airworthiness directive (AD) that applies to all The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. The existing AD currently requires repetitive inspections of the aft attach lugs of the elevator tab control mechanisms, and replacement of any discrepant elevator tab control mechanism. Since we issued that AD, Boeing has developed a modification of the aft attach lugs of the elevator tab control mechanisms, which will adequately address the unsafe condition. This proposed AD would require replacing the left and right elevator tab control mechanisms with elevator tab control mechanisms that have the modified attach lugs, which would terminate the existing requirements. We are proposing this AD to prevent discrepancies in the aft attach lugs of the elevator tab control mechanism, which could result in severe elevator and tab vibration. Consequent structural failure of the elevator or horizontal stabilizer could result in loss of structural integrity and aircraft control.

We are reopening the comment period for our proposed rule that clarified our interpretation of the veterinary practitioner exemption provided by the Virus-Serum-Toxin Act. This action will allow interested persons additional time to prepare and submit comments.

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 737-300, 737-400, 737-500, and 757-200 series airplanes. This proposed AD was prompted by a report of damage caused by electrical arcing to the wires that connect seat electronics boxes (SEBs). This proposed AD would require installing a new relay and doing certain wiring changes of the entertainment control switch if necessary. We are proposing this AD to prevent power from being supplied to passenger seats when the entertainment control switch is in the OFF position, which could cause an electrical shock hazard resulting in serious or fatal injury to maintenance personnel.

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. This proposed AD was prompted by a report of chafing damage to a wire bundle that was arcing to hydraulic tubing and caused by insufficient separation between the wire bundle and the hydraulic tubing in the main landing gear (MLG) wheel well. This proposed AD would require an inspection for damage of wire bundles and hydraulic tubing on the right side of the forward bulkhead of the MLG wheel well; installation of new clamps; and corrective actions, as applicable. We are proposing this AD to detect and correct possible damage caused by insufficient separation between the wire bundles and hydraulic tubing to prevent electrical arcing in a flammable fluid leakage zone, which could lead to a wheel well fire.

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the state of Missouri on September 21, 2010. This revision proposes to amend the ambient air quality standards table to reflect revised National Ambient Air Quality Standards (NAAQS), update reference methods associated with the revised NAAQS, and update the breakpoint values for the Air Quality Index. These revisions would make Missouri's rules consistent with Federal regulations and improve the clarity of the rules.

The FAA is correcting a technical amendment published on July 5, 2012 (77 FR 39623). In that technical amendment, the FAA clarified aircraft engine vibration test requirements in the airworthiness standards. The technical amendment was in response to inquiries from applicants requesting FAA engine type certifications and aftermarket certifications, such as supplemental type certificates, parts manufacturing approvals, and repairs. We revised the regulation to clarify that engine surveys require an engine test. Representatives of industry suggested that our technical amendment was in fact, a substantive change in the regulation, not a clarification. The FAA is correcting our prior action in response to that industry claim. This document amends the FAA's regulations to reverse the changes to Sec. 33.83(a) amendment 33-33 and restore Sec. 33.83(a) to its previous amendment 33-17.

The Fish and Wildlife Service (Service or we) prescribes final late-season frameworks from which States may select season dates, limits, and other options for the 2012-13 migratory bird hunting seasons. These late seasons include most waterfowl seasons, the earliest of which commences on September 22, 2012. The effect of this final rule is to facilitate the States' selection of hunting seasons and to further the annual establishment of the late-season migratory bird hunting regulations.

EPA is proposing to approve revisions to the San Diego County Air Pollution Control District (SDCAPCD) and Monterey Bay Unified Air Pollution Control District (MBUAPCD) and Antelope Valley Air Quality Management District (AVAQMD) portions of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from coating of metal containers, closures and coils and from graphic arts operations and the provision of sampling and testing facilities required for permitting and from adhesives and sealant applications. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).