COURTHOUSE NEWS SERVICE
Federal Regulation Brief
May 24, 2010
COMMERCE:
COMMERCE (DOC)
NEWLY PUBLISHED REGULATIONS
NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
Fisheries of the exclusive economic zone off Alaska, Pacific cod by catcher vessels less than 60 feet (18.3 m) length overall: Temporary rule, closure, published May 21, 2010, effective 1200 hrs. Alaska local time May 19 to 2400 hrs. A.l.t. Dec. 31, 2010
[TEXT]
The National Marine Fisheries Service prohibits directed fishing for Pacific cod by catcher vessels less than 60 feet length overall using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area.
PROPOSED REGULATIONS
NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
Fisheries in the western Pacific, community development program process: Notice of availability of fishery ecosystem plan amendments, published May 21, 2010, comments by July 20, 2010
[TEXT]
The National Marine Fisheries Service announces that the Western Pacific Fishery Management Council proposes to amend the fishery ecosystem plans for American Samoa, Hawaii, Marianas and western Pacific pelagics. If approved by the Secretary of Commerce, the amendments would establish requirements and procedures for reviewing and approving community development plans for access to western Pacific fisheries. The amendments are to promote the participation of island communities in fisheries that they have traditionally depended upon, but may not have the capabilities to support continued and substantial participation in, possibly due to economic, regulatory or other constraints.
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COMMUNICATION (FCC)
PROPOSED REGULATIONS
2004 and 2006 biennial regulatory reviews, streamlining and other revisions of rules for construction, marking and lighting of antenna structures: Proposed rule, published May 21, 2010, comments by July 20, 2010, reply comments by Aug. 19, 2010, written information collection comments to the Office of Management and Budget by July 20, 2010
[TEXT]
The Federal Communications Commission seeks comment on revisions to its rules for the construction, marking and lighting of antenna structures. The agency initiates this proceeding to update and modernize its rules.
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EDUCATION
EDUCATION (USDE)
NEWLY PUBLISHED REGULATIONS
Teacher Incentive Fund: Notice of final priorities, requirements, definitions, and selection criteria, published May 21, 2010, effective July 6, 2010
[TEXT]
The Secretary of Education establishes priorities, requirements, definitions, and selection criteria under the Teacher Incentive Fund (TIF) program. These priorities, requirements, definitions, and selection criteria are used in two separate and distinct TIF grant competitions: The Main TIF competition, which provides TIF funding to eligible entities to support their implementation of a performance-based compensation system (PBCS) in accordance with the priorities, the Main TIF competition requirements, the definitions, and the selection criteria established in this action; and the TIF Evaluation competition, which provides, in accordance with the priorities, the Main TIF competition requirements, the definitions, and the selection criteria, as well as the Evaluation requirements established in this action, TIF funding to help pay the costs of implementing the eligible entity's PBCS in exchange for an agreement to participate in the national evaluation. The Secretary may use these TIF priorities, requirements, definitions, and selection criteria in fiscal year 2010 and subsequent years. The agency intends the priorities, requirements, definitions, and selection criteria announced in this action to help improve student achievement (as defined in this action) in high-need schools (as defined in this action) and provide incentives for effective teachers, principals, and other personnel (in those sites in which the grantee wishes to expand the PBCS to additional staff in its schools) in these schools to take on additional responsibilities and leadership roles.
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ENVIRONMENT, ENERGY & RESOURCES:
ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Exemption from requirement of tolerance, silver nitrate: Final rule, published May 21, 2010, effective May 21, 2010, objections and requests for hearings by July 20, 2010
[TEXT]
The Environmental Protection Agency establishes an exemption from the requirement of a tolerance for residues of silver nitrate when used as an inert ingredient under 40 CFR 180.910 as stabilizer at a maximum of 0.06 percent by weight in pesticide formulations as post-harvest treatment for potatoes to control sprouting. Wagner Regulatory Associates on behalf of Pimi Agro CleanTech, Ltd. submitted a petition requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of silver nitrate. A tolerance is the amount of a toxin legally allowed on produce.
PROPOSED REGULATIONS
Revisions to California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District: Proposed rule, published May 21, 2010, comments by July 6, 2010
[TEXT]
The Environmental Protection Agency proposes to approve revisions to the San Joaquin Valley Unified Air Pollution Control District part of the California State Implementation Plan. These revisions concern oxides of nitrogen and particulate matter emissions primarily from indirect sources associated with new development projects as well as emissions from certain transportation and transit projects.
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HEALTH:
HEALTH AND HUMAN SERVICES (HHS)
PROPOSED REGULATIONS
Responsibility of applicants for promoting objectivity in research for which public health service funding is sought and responsible prospective contractors: Notice of proposed rulemaking, published May 21, 2010, comments by July 20, 2010
[TEXT]
The Department of Health and Human Services and its Public Health Service, propose to amend the regulations on the Responsibility of Applicants for Promoting Objectivity in Research for which PHS Funding is Sought and Responsible Prospective Contractors. Since the promulgation of the regulations in 1995, biomedical and behavioral research and the resulting interactions among government, research institutions, and the private sector have become increasingly complex. This complexity, as well as a need to strengthen accountability, have led to the proposal of amendments that would expand and add transparency to investigator disclosure of significant financial interests, enhance regulatory compliance and effective institutional oversight and management of investigators' financial conflicts of interests, as well as the National Institute of Health’s compliance oversight.
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NATIONAL SECURITY:
HOMELAND SECURITY (DHS)
NEWLY PUBLISHED REGULATIONS
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
Final flood elevation determinations: Final rule, published May 21, 2010, effective dates complex
[TEXT]
The Federal Emergency Management Agency finalizes Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs for the communities listed in the linked document. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect to qualify or remain qualified for participation in the National Flood Insurance Program.
Suspension of community eligibility: Final rule, published May 21, 2010, effective dates complex
[TEXT]
The Federal Emergency Management Agency identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program, scheduled for suspension on the effective dates listed within the linked document due to noncompliance with the floodplain management requirements of the program. If the agency receives documentation that a community has adopted the required floodplain management measures prior to the effective suspension date given in the linked document, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date.
PROPOSED REGULATIONS
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
Proposed flood elevation determinations: Proposed rule, published May 21, 2010, comments by Aug. 19, 2010
[TEXT]
The Federal Emergency Management Agency requests comments on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table in the linked document. This notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table in the linked document. The BFEs and modified BFEs are a part of the floodplain management measures that each community is required either to adopt or to show evidence of having in effect to qualify or remain qualified for participation in the National Flood Insurance Program. In addition, these elevations, once finalized, are used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.
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TRANSPORTATION
TRANSPORTATION (DOT)
NEWLY PUBLISHED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, Airbus Model A300 series airplanes, Model A300 B4–600, B4–600R, F4–600R series airplanes, and Model A300 C4-605R Variant F airplanes (collectively called A300-600 series airplanes), and A310 series airplanes: Final rule, published May 21, 2010, effective June 25, 2010
[TEXT]
PURPOSE: This airworthiness directive (AD) requires actions intended to correct the unsafe condition described in the summary, below.
SUMMARY: The Federal Aviation Administration adopts a new AD for Airbus Model A300 series airplanes, Model A300 B4–600, B4–600R, F4–600R series airplanes, and Model A300 C4-605R Variant F airplanes (collectively called A300-600 series airplanes), and A310 series airplanes. 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:
In the past, some operators have reported difficulties to pressurise the hydraulic reservoirs, due to leakage of the Crissair reservoir air pressurisation check valves. * * * The leakage of the check valves was caused by an incorrect spring material. The affected Crissair check valves * * * were then replaced with improved check valves P/N [part number] 2S2794-1 * * *.
More recently, similar issues were again reported on aeroplanes with Crissair check valves P/N 2S2794-1 installed. The investigations * * * have shown that a spring, mounted inside the valve, does not meet the Airbus type design specifications.
This situation, if not corrected, can cause hydraulic system functional degradation, possibly resulting in reduced control of the aeroplane when combined with an air duct leak, air conditioning system contamination or, if installed, malfunction of the fire extinguishing system in the Class ‘C’ cargo compartment.
* * * * *
Airworthiness directives, Airbus Model A330–200 and –300 series airplanes, and Model A340–300 series airplanes: Final rule, published May 21, 2010, effective June 25, 2010
[TEXT]
PURPOSE: This airworthiness directive (AD) requires actions intended to correct the unsafe condition described in the summary, below.
SUMMARY: The Federal Aviation Administration adopts a new AD for Airbus Model A330–200 and –300 series airplanes, and Model A340–300 series airplanes. 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:
In the door 2 area, the hat-racks are supplied with a basic wire harness which includes “Oxygen Masks” activation.
In case of a monument installation, the respective non-used hat-rack connections between monument and outer skin are put on stow. It was noticed in production, that the distance between the stowed wire harness and the monument could be too small. This condition, if not corrected, could lead to the short circuit of wires dedicated to oxygen, which, in case of emergency, could result in a large number of passenger oxygen masks not being supplied with oxygen, possibly causing personal injuries.
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Airworthiness directives, BAE SYSTEMS (Operations) Limited Model BAe 146 airplanes and Model Avro 146–RJ airplanes: Final rule, published May 21, 2010, effective June 25, 2010
[TEXT]
PURPOSE: This airworthiness directive (AD) results from issuance of a later revision to the airworthiness limitations applying to Model BAe 146 airplanes and Model Avro 146-RJ airplanes. This AD requires actions intended to ensure that fatigue cracking of certain structural elements is detected and corrected, and to prevent ignition sources in the fuel tanks; fatigue cracking of certain structural elements could adversely affect the structural integrity of these airplanes.
SUMMARY: The Federal Aviation Administration supersedes an existing AD, which applies to Model BAe 146 airplanes and Model Avro 146-RJ airplanes. That AD currently requires revising the Airworthiness Limitations Section of the Instructions for Continued Airworthiness to incorporate life limits for certain items and inspections to detect fatigue cracking in certain structures. This new AD requires incorporating new and more restrictive life limits for certain items and for certain inspections to detect fatigue cracking in certain structures. This AD also requires revising the airworthiness limitations to include critical design configuration control limitations for the fuel system.
Airworthiness directives, Bombardier, Inc. Model CL–600–1A11 (CL–600), CL–600–2A12 (CL–601), and CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604 variants) airplanes: Final rule, published May 21, 2010, effective June 25, 2010
[TEXT]
PURPOSE: This airworthiness directive (AD) requires actions intended to correct the unsafe condition described in the summary, below.
SUMMARY: The Federal Aviation Administration supersedes an existing AD for Bombardier, Inc. Model CL–600–1A11 (CL–600), CL–600–2A12 (CL–601), and CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604 variants) airplanes. 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:
A specific batch of nose landing gear (NLG) and NLG door selector valves, part number (P/N) 601R75146-1 (Kaiser Fluid Technologies P/N 750006000), may have had their end caps incorrectly lock-wired and/or incorrectly torqued during assembly. This condition can lead to the end cap backing off, with consequent damage to a seal and internal leakage within the valve.
Subsequently, if electrical power is transferred or removed from the aircraft before the NLG safety pin is installed, any pressure, including residual pressure, in the No. 3 hydraulic system can result in an uncommanded NLG retraction.
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Airworthiness directives, Dassault–Aviation Model FALCON 2000 and FALCON 2000EX airplanes: Final rule, published May 21, 2010, effective June 25, 2010
[TEXT]
PURPOSE: This airworthiness directive (AD) requires actions intended to correct the unsafe condition described in the summary, below.
SUMMARY: The Federal Aviation Administration adopts a new airworthiness directive (AD) for Dassault–Aviation Model FALCON 2000 and FALCON 2000EX airplanes. 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: