October 16, 2012 – Federal Register Recent Federal Regulation Documents

We propose to supersede an existing airworthiness directive (AD) that applies to all Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Model L-1011 series airplanes. The existing AD currently requires repetitive inspections to detect corrosion or fatigue cracking of certain structural elements of the airplane; corrective actions if necessary; and incorporation of certain structural modifications. Since we issued that AD, we have received reports of small cracks in additional areas outside those addressed in the existing AD, prior to the inspection threshold required by the existing AD. This proposed AD would reduce certain compliance times for the initial inspection, and the repetitive inspection interval for certain airplanes. We are proposing this AD to prevent corrosion or fatigue cracking of certain structural elements, which 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.

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 the Brantly International, Inc. (Brantly) Model B-2, Model B-2A, and Model B-2B helicopters with a certain main rotor blade. This proposed AD was prompted by multiple reports of main rotor (M/R) blade cracks and an accident in which a crack that originated near the M/R blade trailing edge resulted in the loss of a large section of the M/R blade. The proposed actions are intended to prevent loss of the M/R blade and subsequent loss of control of the helicopter.

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.

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.

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 NTSB amends its regulations which set forth rules of procedure for the NTSB's review of certificate actions taken by the Federal Aviation Administration (FAA); and its regulations which set forth rules of procedure concerning applications for fees and expenses under the Equal Access to Justice Act of 1980 (EAJA). The NTSB previously issued an advance notice of proposed rulemaking (ANPRM) and a notice of proposed rulemaking (NPRM) and has carefully considered comments submitted in response to both documents. In a separate interim final rule published elsewhere in this issue of the Federal Register, the NTSB is implementing regulatory changes as a result of the recently enacted Pilot's Bill of Rights.

The Department of Veterans Affairs (VA) is issuing this final rule to affirm an amendment to its adjudication regulation regarding compensation for disabilities experienced by veterans who served in the Southwest Asia Theater of Operations during the Persian Gulf War. This amendment is necessary to extend the period during which disabilities associated with undiagnosed illnesses and medically unexplained chronic multi-symptom illnesses must become manifest in order for a veteran to be eligible for compensation. Additionally, in this final rule, VA will correct the adjudication section title that was amended and published in the Federal Register on September 29, 2010, but inadvertently changed to the original title.

The Federal Deposit Insurance Corporation (the ``FDIC'' or the ``Corporation'') is issuing a final rule (``Final Rule'') that implements part of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the ``Dodd-Frank Act'' or the ``Act''), which permits the Corporation, as receiver for a financial company whose failure would pose a significant risk to the financial stability of the United States (a ``covered financial company''), to enforce contracts of subsidiaries or affiliates of the covered financial company despite contract clauses that purport to terminate, accelerate or provide for other remedies based on the insolvency, financial condition or receivership of the covered financial company. As a condition to maintaining these subsidiary or affiliate contracts in full force and effect, the Corporation as receiver must either: Transfer any supporting obligations of the covered financial company that back the obligations of the subsidiary or affiliate under the contract (along with all assets and liabilities that relate to those supporting obligations) to a bridge financial company or qualified third-party transferee by the statutory one-business-day deadline; or provide adequate protection to such contract counterparties. The final rule sets forth the scope and effect of the authority granted under the Dodd-Frank Act, clarifies the conditions and requirements applicable to the receiver, addresses requirements for notice to certain affected counterparties and defines key terms.

EPA is approving most elements of submittals from the States of Connecticut, Maine, Massachusetts, and New Hampshire. We are also conditionally approving certain elements of these submittals, as well as disapproving a few elements of Massachusetts' submittals. The submittals outline how each state's State Implementation Plan (SIP) meets the requirements of section 110(a) of the Clean Air Act (CAA) for both the 1997 and 2006 fine particulate matter (PM2.5) national ambient air quality standards (NAAQS). These actions are being taken under the Clean Air Act.

We are superseding an existing airworthiness directive (AD) for certain Bombardier, Inc. Model DHC-8-400 series airplanes. That AD currently requires a modification to trim the edge of the bumper plate, including performing an inspection for damage or cracks of the bumper plate and base fitting, and replacing any damaged or cracked part. That AD also currently requires, for certain airplanes, reidentifying the bumper plate. This new AD requires, for airplanes on which the reidentification is done, an operational check of the alternate extension system of the main landing gear (MLG), and repair if necessary. This AD was prompted by the determination that an operational check must be done after reidentifying the bumper plate to ensure the identified unsafe condition is addressed. We are issuing this AD to detect and correct failure of the MLG to extend and lock, which could adversely affect the safe landing of the airplane.

We, the U.S. Fish and Wildlife Service, propose to list the Neosho mucket (Lampsilis rafinesqueana), a freshwater mussel, as endangered and rabbitsfoot (Quadrula cylindrica cylindrica), a freshwater mussel, as threatened under the Endangered Species Act; and propose to designate critical habitat for both species. This rule fulfills our obligation under a settlement agreement. The effect of this regulation is to conserve the Neosho mucket and rabbitsfoot and their habitats under the Endangered Species Act.