October 2013 – Federal Register Recent Federal Regulation Documents

This action proposes to establish Class E airspace at Eagle Airport, Eagle, AK. Controlled airspace is necessary to accommodate the new Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures developed for the airport. The FAA is proposing this action to enhance the safety and management of aircraft operations at Eagle Airport, Eagle, AK.

This action proposes to establish Class E airspace at Brevig Mission Airport, Brevig Mission, AK. Controlled airspace is necessary to accommodate aircraft using new Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at the airport. The FAA is proposing this action to enhance the safety and management of aircraft operations at the airport.

This action proposes to establish Class E airspace at Central Airport, Central, AK. Controlled airspace is necessary to accommodate the new Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at the airport. The FAA is proposing this action to enhance the safety and management of aircraft operations at Central Airport, Central, AK.

The U.S. Department of Energy (DOE) has preliminarily determined that wine chillers and other residential refrigeration products that incorporate a compressor but do not meet the current regulatory definitions for electric refrigerator, refrigerator-freezer, and freezer, qualify for coverage under the Energy Policy and Conservation Act (EPCA) as amended. This proposal also covers residential ice makers. Today's notice supplements an earlier proposed determination in which DOE tentatively concluded that residential refrigeration products that do not incorporate a compressor should be covered by energy conservation standards. As part of its review of residential refrigeration products generally, DOE is soliciting public comment on the feasibility of covering compressor-based miscellaneous residential refrigeration products based on the same criteria that had been evaluated earlier for non-compressor based residential refrigeration products.

The mission of the Community Development Financial Institutions Fund (CDFI Fund) is to increase economic opportunity and promote community development investments for underserved populations in distressed communities in the United States. Its long-term vision is to economically empower America's underserved and distressed communities. The purpose of the Community Development Financial Institutions Program (CDFI Program) is to promote economic revitalization and community development through investment in and assistance to Community Development Financial Institutions (CDFIs). Under the CDFI Program, the CDFI Fund provides financial assistance in the form of grants, loans, equity investments and deposits to CDFIs selected through a merit-based application process. The CDFI Fund provides financial assistance to CDFIs to enhance their ability to make loans and investments, and to provide related services for the benefit of designated investment areas, targeted populations, or both. In addition, through the CDFI Program, the CDFI Fund provides technical assistance grants to CDFIs and entities that propose to become CDFIs, for the purpose of increasing their capacity to serve their target markets. The CDFI Fund is amending its regulations regarding the financial reporting requirements for non-profit organizations. The regulatory change requires CDFI Program awardees that are non-profit organizations to provide audited financial statements within 180 days after the end of the awardee's fiscal year end. This regulatory action conforms to the financial reporting requirements for non-profit awardees to the statutory provisions governing the CDFI Program.

This action modifies Class D and E airspace at Kenai Municipal Airport, Kenai, AK. Controlled airspace is necessary to accommodate aircraft using the new Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at the airport. A minor adjustment is made to the geographic coordinates of the airport. Additionally, language establishing dates and times of use of the procedures was inadvertently omitted from the description for the Class E airspace designated as an extension, and is included in this rule. This action, initiated by the biennial review of the Kenai airspace area, enhances the safety and management of aircraft operations at the airport.

We, the U.S. Fish and Wildlife Service (Service), are reopening the public comment period on the proposed rule to list the distinct population segment (DPS) of the North American wolverine (Gulo gulo luscus) in the contiguous United States as threatened under the Endangered Species Act of 1973, as amended. The proposed rule was published in the Federal Register on February 4, 2013. We are reopening the comment period to allow the public an additional opportunity to review and comment on the proposed rule, as well as the peer review and public comments that were submitted during the first comment period. Comments already submitted need not be resubmitted, as they will be fully considered in preparation of the final rule, which we intend to issue by February 4, 2014, as required by the Endangered Species Act.

This action proposes special conditions for the Bombardier Inc. Models BD-500-1A10 and BD-500-1A11 series airplanes. These airplanes will have a novel or unusual design feature associated with aluminum-lithium fuselage construction that may provide different levels of protection from post-crash fire threats than similar aircraft constructed from traditional aluminum structure. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed 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.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to align it with revisions to the DoD Instruction on operational contract support.

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to remove the Director of Defense Security Cooperation Agency from the approval process for waiver or reduction of charges for the use of Government property on work for foreign governments or international organizations.

DoD is issuing an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act regarding private sector notification of in-sourcing actions.

We are adopting a new airworthiness directive (AD) for MDHI Model MD900 helicopters with certain main rotor blade (MRB) retention bolts (bolts) installed. This AD requires a daily check of the position of each bolt, a daily check and a repetitive inspection for a gap in each bolt, and, if necessary, removing and inspecting the bolt for a crack and replacing any cracked bolt with an airworthy bolt. This AD was prompted by multiple reports of in-service bolt failures. The actions are intended to prevent failure of a bolt, which could lead to loss of MRB structural integrity and subsequent loss of control of the helicopter.

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC-8-400, -401, and -402 airplanes. This AD was prompted by reports of movement of the rudder pedals being impeded due to corrosion of the trunnion shaft of the rudder feel trim unit (RFTU). This AD requires an inspection to determine if certain RFTUs are installed, an operational check for signs of seizure of affected parts, repetitive lubrication of certain RFTUs, and replacement of the RFTU if necessary. Installing replacement RFTUs having conformal bushings terminates the repetitive lubrication requirements. We are issuing this AD to detect and correct any sign of rough movement or seizure of the trunnion shaft and its bushing, which could cause a rudder control jam or a large and rapid alternating rudder input leading to a structural failure of the vertical fin.

This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at https:// www.fema.gov/fema/csb.shtm.

The Rail Vehicles Access Advisory Committee (Committee) will hold its first meeting. We, the Architectural and Transportation Barriers Compliance Board (Access Board), established the Committee to advise us on revising and updating our accessibility guidelines issued pursuant to the Americans with Disabilities Act for transportation vehicles that operate on fixed guideway systems (e.g., rapid rail, light rail, commuter rail, intercity rail, and high speed rail). The original first meeting, previously scheduled for October 15 and 16, 2013, did not occur due to the federal government shutdown.

We are adopting a new airworthiness directive (AD) for Eurocopter Deutschland GmbH (Eurocopter) Model EC135 P1, P2, P2+, T1, T2, and T2+ helicopters. This AD requires inspecting each linear transducer bearing (bearing) for freedom of movement and replacing the bearing if there is binding or rough turning or if there is chafing or damage on the lower side of the floor. Also, this AD requires modifying and re-identifying a certain rod. This AD was prompted by an incident involving limited control of a tail rotor because of the binding of a bearing. The actions of this AD are intended to detect and replace each bearing subject to binding, which could lead to subsequent loss of control of the helicopter.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 747-400 series airplanes. This AD was prompted by reports of fasteners missing on an airplane undergoing a passenger- to-freighter conversion. This AD requires doing a general visual inspection of the station 1920 splice clip for correct fastener installation, and related investigative and corrective actions if necessary. We are issuing this AD to detect and correct missing or incorrect fasteners, which can lead to cracking and loss of load carrying capacity, resulting in a possible decompression event.

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604 Variants) airplanes. This AD was prompted by reports of airspeed mismatch between the pilot and co-pilot's airspeed indicators, which occurred during or after heavy rain. This AD requires, for certain airplanes, inspecting for drain bottles having certain part numbers, and replacing affected drain bottles. This AD requires, for certain other airplanes, replacing drain bottles. We are issuing this AD to prevent pitot static tubing from becoming blocked by water, which if not corrected, could lead to erroneous airspeed and altitude indications, and consequent loss of control of the airplane.

We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 727 airplanes. This AD was prompted by reports indicating that a standard fuel tank access door was located where an impact-resistant access door was required, and stencils were missing from some impact-resistant access doors. This AD requires an inspection of the left- and right-hand wing fuel tank access doors to determine that impact-resistant access doors are installed in the correct locations, and to replace any door with an impact-resistant access door if necessary. This AD also requires an inspection for stencils and index markers on impact-resistant access doors, and application of new stencils or index markers if necessary. This AD also requires revising the maintenance program to incorporate changes to the airworthiness limitations section. We are issuing this AD to prevent foreign object penetration of the fuel tank, which could cause a fuel leak near an ignition source (e.g., hot brakes), consequently leading to a fuel-fed fire.

We are superseding Airworthiness Directive (AD) 97-19-10 for Sikorsky Aircraft Corporation-manufactured Model S-64E helicopters (type certificate currently held by Erickson Air-Crane Incorporated (Erickson)). AD 97-19-10 required inspecting and reworking the main gearbox (MGB) assembly second stage lower planetary plate (plate). This action establishes or reduces the life limits for certain flight- critical components, removes from service various parts, requires repetitive inspections and other corrective actions, and requires replacing any cracked part discovered during an inspection. This AD is prompted by further analysis performed by the current type certificate holder and the service history of certain parts. The actions specified in this AD are intended to prevent a crack in a flight critical component, failure of a critical part, and subsequent loss of control of the helicopter.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 727 airplanes. This AD was prompted by certain mandated programs intended to support the airplane reaching its limit of validity (LOV) of the engineering data that support the established structural maintenance program. This AD requires, for certain airplanes, a modification of the web of the horizontal stabilizer center section rear spar. For the other airplanes, this AD requires an inspection for cracks in the web, and repair or modification as applicable. We are issuing this AD to prevent cracking at the upper fastener holes in the riveted web in the horizontal stabilizer center section rear spar, which could result in failure of the spar forging and lead to horizontal stabilizer separation and loss of control of the airplane.

We are superseding Airworthiness Directive (AD) 2003-08-51 for MD Helicopters, Inc. (MDHI), Model 369A, 369D, 369E, 369H, 369HE, 369HM, 369HS, 369F and 369FF helicopters with certain MDHI or Helicopter Technology Company (HTC) tail rotor blades installed. AD 2003-08-51 required reducing the retirement life of each tail rotor blade (blade), performing a one-time visual inspection of each blade's pitch horn (pitch horn) for a crack or corrosion, and replacing any cracked blade or any blade that has exceeded its retirement life with an airworthy blade. AD 2003-08-51 also required reporting information to the FAA within 24 hours following the one-time inspection. Since we issued AD 2003-08-51, an accident in England prompted an investigation that showed corrosion on the blade's pitch horn that had not been detected under the paint. This new AD retains some of the requirements of AD 2003-08-51 and also requires paint removal for all pitch horn inspections, inspecting for pitting and the shot peen surface's condition in addition to cracks and corrosion, and adds certain part- numbered blades to the applicability. These actions are intended to prevent a pitch horn from cracking, leading to vibration, loss of tail rotor pitch control, and subsequent loss of tail rotor and helicopter control.

We are adopting a new airworthiness directive (AD) for certain Bell Model 430 helicopters. This AD requires installing a placard on the instrument panel and revising the limitations section of the rotorcraft flight manual (RFM). This AD was prompted by several incidents of third stage engine turbine wheel failures, which were caused by excessive vibrations at certain engine speeds during steady- state operations. These actions are intended to alert pilots to avoid certain engine speeds during steady-state operations, prevent failure of the third stage engine turbine, engine power loss, and subsequent loss of control of the helicopter.

We are adopting a new airworthiness directive (AD) for certain Bell Model 407 helicopters. This AD requires installing a placard beneath the NR/NP dual tachometer and revising the limitations section of the rotorcraft flight manual (RFM). This AD was prompted by several incidents of third stage engine turbine wheel failures, which were caused by excessive vibrations at certain engine speeds during steady- state operations. These actions are intended to alert pilots to avoid certain engine speeds during steady-state operations, prevent failure of the third stage engine turbine, engine power loss, and subsequent loss of control of the helicopter.

EPA is proposing to approve the State of North Carolina's March 27, 2013, State Implementation Plan (SIP) revision to the State's approved Maintenance Plan for the Raleigh-Durham-Chapel Hill (Triangle) 1997 8-hour Ozone Maintenance Area. Specifically, North Carolina's revision, including updated modeling, shows that the Triangle Area would continue to maintain the 1997 8-hour ozone standard if the currently applicable Federal Reid Vapor Pressure (RVP) standard for gasoline from 7.8 pounds per square inch (psi) were modified to 9.0 psi for three portions (Wake and Durham Counties, and a portion of Granville County) of the ``Triangle Area'' of North Carolina during the high-ozone season. The State has included a technical demonstration with the revision to demonstrate that a less-stringent RVP standard of 9.0 psi in these areas would not interfere with continued maintenance of the 1997 8-hour Ozone National Ambient Air Quality Standards (NAAQS) or any other applicable standard. Approval of this SIP revision is a prerequisite for EPA's consideration of an amendment to the regulations to remove the aforementioned portions of the Triangle Area from the list of areas that are currently subject to the Federal 7.8 psi RVP requirements. In addition, EPA is also proposing to approve changes to the motor vehicle emission budgets (MVEBs) used in the 1997 8-hour ozone maintenance plan for the Triangle Area. The use of new models and the relaxation of the RVP requirement has resulted in a revised safety margin which North Carolina is reallocating among the MVEBs associated the Maintenance Plan. EPA has preliminarily determined that North Carolina's March 27, 2013, SIP revision with respect to the changes to the modeling and associated technical demonstration associated with the State's request for the removal of the Federal RVP requirements, and with respect to the updated MVEBs, is consistent with the applicable provisions of the Clean Air Act (CAA or Act). Should EPA decide to remove the subject portions of the Triangle Area from those areas subject to the 7.8 psi Federal RVP requirements, such action will occur in a subsequent rulemaking.