October 16, 2012 – Federal Register Recent Federal Regulation Documents

Notice is hereby given that a permit has been issued to James Lloyd-Smith, Department of Ecology and Evolutionary Biology, University of California, Los Angeles, 610 Charles E. Young Dr. South, Box 723905, Los Angeles, California 90095-7239 to conduct research on California sea lions (Zalophus californianus).

We propose to adopt a new airworthiness directive (AD) for certain Airbus Model A320-214, -232 and -233; and Model A321-211, -213, and -231 airplanes. This proposed AD was prompted by a report of a missing fastener between certain stringers of the fuselage frame which connects the frame to a tee. This proposed AD would require a rototest inspection and modification or repair of the fuselage frame at the affected area. We are proposing this AD to detect and correct cracking in the fuselage that could result in reduced structural integrity of the airplane.

We propose to adopt a new airworthiness directive (AD) for certain Embraer S.A. Model ERJ 170 and ERJ 190 airplanes. This proposed AD was prompted by a report that high rate discharge (HRD) bottle explosive cartridges of a cargo compartment fire extinguisher system were swapped between the forward and aft cargo compartments. Additional investigation also revealed the possibility of swapping between the electrical connectors of the HRD and low rate discharge (LRD) bottles, and a rotated installation of the HRD bottle. Improper assembly of the fire extinguishing bottle might cause the extinguishing agent to be discharged toward the unselected cargo compartment rather than toward the cargo compartment with fire. This proposed AD would require an inspection of the HRD bottle for correct installation and to determine if the pressure switch is in the correct position, and re-installation if necessary; an inspection of the HRD and LRD bottle discharge heads to determine the part number and replacement if necessary; and, for certain airplanes, an inspection to determine the part numbers of the HRD and LRD electrical connectors, and relocation if necessary. We are proposing this AD to prevent the inability of the fire extinguishing system to suppress fire.

This action serves as a notice that NMFS, on behalf of the Secretary of Commerce (Secretary), has determined that the Gulf of Maine (GOM) stock of haddock is subject to overfishing and is approaching an overfished condition. In addition, the rebuilding plans for American plaice and the Southern New England/Mid-Atlantic (SNE/MA) stock of winter flounder were found to have not resulted in adequate progress toward rebuilding the affected fish stocks. NMFS notifies the appropriate fishery management council (Council) whenever it determines that overfishing is occurring, a stock is in an overfished condition, a stock is approaching an overfished condition, or when a rebuilding plan has not resulted in adequate progress toward ending overfishing and rebuilding affected fish stocks.

We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. This proposed AD was prompted by reports of two in- service incidents where the left main landing gear (MLG) failed to extend. This proposed AD would require installing stopper plates on the aft uplock frames in the MLG bay adjacent to the right and left MLG uplock assemblies. We are proposing this AD to prevent incorrect installation of the upper bolt in the MLG uplock assembly, which could prevent the MLG from extending and adversely affect the safe landing of the airplane.

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 767-300 series airplanes. This proposed AD was prompted by a report that, for certain airplanes, reinforcement straps were not bonded to the center overhead stowage bins in the passenger compartment. For certain airplanes, this proposed AD would require performing an inspection of reinforcement straps to ensure they are correctly bonded to the center overhead stowage bins, and bonding the reinforcement straps to the center overhead stowage bins if necessary. For certain airplanes, this proposed AD would require installing reinforcement straps on the center overhead stowage bins. We are proposing this AD to prevent missing or incorrectly bonded reinforcement straps, which could result in the center overhead stowage bins breaking loose and causing injury to passengers and damage to equipment during in-flight turbulence.

Notice is hereby given of the appointment of members to the Performance Review Board of the Equal Employment Opportunity Commission.

We propose to adopt a new airworthiness directive (AD) for Eurocopter France (ECF) Model AS332C, L, and L1 helicopters to require an initial and repetitive inspections of the outer skin, butt strap, and fuselage frame for a crack and modification of the helicopter. This proposed AD is prompted by an AD issued by the European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, which states that a crack was discovered in a fuselage frame during a daily check. The proposed actions are intended to detect a crack, to prevent loss of airframe structural integrity and subsequent loss of control of the helicopter.

We propose to adopt a new airworthiness directive (AD) for all Airbus Model A330-200 Freighter series airplanes; Model A330-200 and - 300 series airplanes; and Model A340-200 and -300 series airplanes. This proposed AD was prompted by a report of a manufacturing defect in certain rods installed in the belly fairing, which could lead to cracks at the crimped end of the rod. This proposed AD would require an inspection of the rods to determine the manufacturer; and for affected parts, an inspection for any cracking of the rods, and related investigative and corrective actions if necessary. We are proposing this AD to detect and correct cracking of the rods, which could result in rupture of rods that attach the belly fairing to the airframe, leading to separation of the belly fairing from the airframe, and consequent damage to airplane structure and airplane systems.

Pursuant to the provisions of the Federal Advisory Committee Act, Public Law 92-463, notice is hereby given that the next meeting of the Children's Health Protection Advisory Committee (CHPAC) will be held November 7 and 8, 2012 at EPA's Potomac Yards Building (2777 South Crystal Drive, Arlington, VA 22202), Room 4120 North. The CHPAC was created to advise the Environmental Protection Agency on science, regulations, and other issues relating to children's environmental health.

The National Transportation Safety Board (NTSB or Board) amends portions of its regulations, which set forth rules of procedure for the NTSB's review of certificate actions taken by the Federal Aviation Administration (FAA), as a result of the recent enactment of the Pilot's Bill of Rights.

This notice concerns a petition for waiver submitted to the FAA by Space Exploration Technologies Corp. (SpaceX) to waive in part the requirement that a launch operator enter into a reciprocal waiver of claims with each customer. The FAA grants the petition.

The Department of the Navy (DoN) is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (DAJAG) (Admiralty and Maritime Law) has determined that USS PELELIU (LHA 5) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.

The Federal Transit Administration (FTA) and the Central Puget Sound Regional Transit Authority (Sound Transit) issue this early scoping notice to advise other agencies and the public that they intend to explore potential alternatives for improving public transit service between the cities of SeaTac and Federal Way in King County, Washington to improve connections to the regional transit system and major activity centers. The early scoping notice is intended to invite public comments on the scope of the alternatives analysis study, including the project's purpose and need, transportation problems to be addressed, the range of alternatives, the transportation and community impacts and benefits to be considered, the capital and operating costs, and other factors that the public and agencies believe should be considered in analyzing the alternatives. If preparation of an environmental impact statement (EIS) is warranted following the completion of the alternatives analysis, a notice of intent to prepare an EIS will be published. The early scoping process is intended to support the alternatives analysis and a future National Environmental Policy Act (NEPA) scoping process, as appropriate. In addition, it supports FTA planning requirements associated with the New Starts (``Section 5309'') funding program for certain kinds of major capital investments. While recent legislation may lead to changes in the New Starts process, Sound Transit will comply with relevant FTA requirements relating to planning and project development to help it analyze and screen alternatives in preparation for the NEPA process. Public meeting times and locations are described immediately below. Following that is a more detailed discussion of the project and the early scoping process.

This action amends the FAA's rules for permitting limited use of portable oxygen concentrator systems on board aircraft, to allow for the use of additional portable oxygen concentrator (POC) devices on board aircraft, provided certain conditions in the SFAR are met. This action is necessary to allow all POC devices deemed acceptable by the FAA for use in air commerce to be available to the traveling public in need of oxygen therapy. Passengers will be able to carry these devices on board the aircraft and use them with the approval of the aircraft operator.

The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. HUD requires that appraisals and inspections be performed on certain FHA insured properties and the FHA Appraiser and Inspector rosters assure that HUD has the ability to track the performance of appraisers and inspectors and sanction those who are not performing adequately, this is necessary to protect the FHA insurance fund.

To encourage development of systems that help Veterans schedule appointments to receive care from the Veterans Health Administration and to reduce risks in the future procurement and deployment of those systems, the Secretary of Veterans Affairs (VA) announces a prize contest under Section 105 of the America COMPETES Reauthorization Act of 2011, Public Law 111-358 (2011), 15 USC 3719 (the ``Act'').

The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. Leaded paint in housing remains as the last major source of lead exposure to young children. Efforts to reduce childhood lead poisoning have focused on controlling lead paint hazards, specifically lead dust and deteriorated lead-based paint. Lead hazard control programs are looking for ways to make this housing safer without placing an undue financial burden on the property owners or tenants. On August 10, 2009, a petition was submitted to EPA www.regulations.gov; search for EPA-HQ- OPPT-2009-0655) to lower the definition of lead-based paint in pre-1978 ``target'' housing to some value below the current value of 1 mg/cm 2 or 0.5% by weight (42 U.S.C. 4822(c)), and to lower the lead hazard control standards and clearance standards for lead in dust on floors and window sills in such housing and in pre-1978 child-occupied facilities below the current values of 40 and 250 mg/ft 2 (micrograms per square foot), respectively (40 CFR 745.65(b) and 745.227(e)(8)(viii), and 24 CFR 35.1320(b)(2)(i)), and below the current clearance standard for window troughs of 400 mg/ft2 (40 CFR 45.227(e)(8)(viii), and 24 CFR 35.1320(b)(2)(i)). The HUD Secretary may reduce the level that defines lead-based paint in target housing (42 U.S.C. 4822(c)), and the EPA Administrator identifies the leadbased paint hazard standards (15 U.S.C. 2683), and the lead-based paint standard (15 U.S.C.2683), and the lead-based paint standard in child- occupied facilities. In a response dated October 22, 2009, EPA, writing on behalf of itself and HUD, agreed to study the issues and decide whether the lead hazard standards and/or the lead-based paint standard should be changed, and to collaborate with HUD on this effort. www.epa.gov/oppt/chemtest/pubs/ eparesponse. pdf). The Agency and the Department intend to have identical standards for the sake of maximizing their effectiveness in this matter. One of the issues to be considered is the ability to actually determine ``clearance'' (a work area is sufficiently clean of lead dust) before allowing reoccupancy. The clearance levels for floors and window sills are the same as the lead hazard standards. This survey will question HUD grantees as to their ability to achieve clearance at the current level for floors and windowsills, and whether it would be technically feasible to achieve clearance at potentially lower levels.

In accordance with the requirement of Section 3506 (c)(2)(A) of the Paperwork Reduction Act of 1995 which provides opportunity for public comment on new or revised data collections, the Railroad Retirement Board (RRB) will publish periodic summaries of proposed data collections. Comments are invited on: (a) Whether the proposed information collection is necessary for the proper performance of the functions of the agency, including whether the information has practical utility; (b) the accuracy of the RRB's estimate of the burden of the collection of the information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden related to the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. 1. Title and purpose of information collection: Vocational Report; OMB 3220-0141. Section 2 of the Railroad Retirement Act (RRA) provides for payment of disability annuities to qualified employees and widow(ers). The establishment of permanent disability for work in the applicants ``regular occupation'' or for work in any regular employment is prescribed in 20 CFR 220.12 and 220.13 respectively. The RRB utilizes Form G-251, Vocational Report, to obtain an applicant's work history. This information is used by the RRB to determine the effect of a disability on an applicant's ability to work. Form G-251 is designed for use with the RRB's disability benefit application forms and is provided to all applicants for employee disability annuities and to those applicants for a widow(er)'s disability annuity who indicate that they have been employed at some time. Completion is required to obtain or retain a benefit. One response is requested of each respondent. The RRB proposes no changes to Form G- 251.