COURTHOUSE NEWS SERVICE
Federal Regulation Brief
March 18, 2009
NATIONAL SECURITY, LAW, GOVERNMENT
(March 10-16)
Defense (DOD) – No newly published regulations this week
Government Accountability Office – No newly published regulations this week
Homeland Security (DHS) – Includes proposed regulations
Justice (DOJ) – Proposed regulations only
Legal Services Corporation (LSC) – No newly published regulations this week
Selective Service System (SSS) – No newly published regulations this week
Sentencing Commission (USSC) – No newly published regulations this week
State (DOS) – No newly published regulations this week
The White House Office – No newly published regulations this week
Presidential Documents:
Executive Orders – Committees, Stem Cells
Administrative Orders – Government Agencies and Employees, Iran, Presidential
Signing Statements
MONEY, TRANSPORTATION
(March 11-17)
Federal Deposit Insurance (FDIC) – No newly published regulations this week
Federal Reserve (FRS) – No newly published regulations this week
National Transportation Safety Board (NTSB) – No newly published regulations this week
Transportation (DOT) – Includes proposed regulations
Treasury (USDT) – Includes proposed regulations
HOMELAND SECURITY (DHS)
NEWLY PUBLISHED REGULATIONS
COAST GUARD (USCG)
Anchorage regulations, Port of New York: Anchorage Regulations; Port of New
York, Federal Register, March 11, 2009, Volume 74, Number 46, Rules and
Regulations, Page 10484, 33 CFR Part 110, Docket No. USCG-2008-0155, RIN 1625AA01, Final rule.
[TEXT] [PDF]
(This final rule is effective April 10, 2009.)
SUMMARY: The U.S. Coast Guard (USCG) amends the size of Romer Shoal
Anchorage Ground in Lower New York Bay. This final rule is to facilitate safe
navigation in the area and to provide safe and secure anchorages for vessels
traveling this area. This change to the anchorage is to increase the safety of life and
property within this area of the Port of New York by providing for greater safety of
anchored vessels and to enhance the safe and efficient flow of commercial vessels
and commerce.
ANCHORAGE: The Romer Shoal Anchorage Ground in Lower New York Bay
encompasses all waters bound by the following points: 40°28'27.21" N,
073°56'45.84" W; thence to 40°29'47.70" N, 073°56'46.23" W; thence to
40°31'25.38" N, 074°00'53.50" W; thence to 40°32'11.38" N, 074°01'39.50" W;
thence to 40°32'12.38" N, 074°02'05.50" W; thence to 40°31'27.38" N,
074°02'05.50" W; thence to 40°30'13.38" N, 074°00'05.50" W; thence to the point
of origin. All coordinates reference North American Datum 1983 (NAD 83).
Consolidation of merchant mariner qualification credentials: Consolidation of
Merchant Mariner Qualification Credentials, Federal Register, March 16, 2009,
Volume 74, Number 49, Rules and Regulations, Page 11195, 33 CFR Parts 1, 20, 70,
95, 101, 110, 141, 155, 156, 160, 162, 163, 164, and 165, 46 CFR Parts 1, 4, 5, 10,
11, 12, 13, 14, 15, 16, 26, 28, 30, 31, 35, 42, 58, 61, 78, 97, 98, 105, 114, 115,
122, 125, 131, 151, 166, 169, 175, 176, 185, 196, 199, 401, and 402, Docket No.
USCG-2006-24371, RIN 1625-AB02, Final rule.
[TEXT] [PDF]
(This final rule is effective April 15, 2009.)
SUMMARY: The U.S. Coast Guard (USCG) consolidates the regulations covering
issuance of merchant mariner qualification credentials, to reduce the burden on
mariners by limiting the number of times they need to appear in person to provide
fingerprints and proof of identity, and to address comments received from the public
in response to the Supplemental Notice of Proposed Rulemaking, in some cases
through revisions based on those comments. This final rule works together with the
joint final rule published by the USCG and the Transportation Security Administration
(TSA) January 25, 2007, entitled “Transportation Worker Identification Credential
(TWIC) Implementation in the Maritime Sector; Hazardous Materials Endorsement
for a Commercial Driver's License.”
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE LINKED DOCUMENT.
Drawbridge operation regulations, Gulf Intracoastal Waterway, Belle
Chasse, Louisiana: Drawbridge Operation Regulation; Gulf Intracoastal Waterway,
Belle Chasse, LA, Federal Register, March 11, 2009, Volume 74, Number 46, Rules
and Regulations, Page 10486, 33 CFR Part 117, Docket No. USCG-2009-0100, Notice
of temporary deviation from regulations.
[TEXT] [PDF]
(This temporary deviation from regulations is effective 3:30 p.m. May 1, 2009 until
7:45 p.m. May 3, 2009.)
SUMMARY: The U.S. Coast Guard (USCG) issues a temporary change in the
regulation for the operation of the SR 23 Bridge across the Gulf Intracoastal
Waterway (Algiers Alternate Route), mile 3.8, at Belle Chasse, Plaquemines Parish,
Louisiana. This deviation from regulations is to facilitate movement of vehicular
traffic for the 2009 N'Awlins Air Show, to be held at the U.S. Naval Air Station, Joint
Reserve Base at Belle Chasse, Louisiana.
Drawbridge operation regulations, Terrebonne Parish, Louisiana: Drawbridge
Operation Regulation; Boudreaux Canal, Mile 0.1, Near Chauvin, Terrebonne Parish,
LA, Federal Register, March 11, 2009, Volume 74, Number 46, Rules and
Regulations, Page 10487, 33 CFR Part 117, Docket No. USCG-2009-0102, Notice of
temporary deviation from regulations.
[TEXT] [PDF]
(This temporary deviation from regulations is effective 7 a.m. March 9, 2009 through
5 p.m. May 31, 2009.)
SUMMARY: The U.S. Coast Guard (USCG) issues a temporary change in the
regulation for the operation of the SR 56 Swing Bridge across Boudreaux Canal, mile
0.1, near Chauvin, Terrebonne Parish, Louisiana. This deviation from regulations is to
replace all the mechanical machinery used to operate the movable span of the
bridge. This temporary deviation allows the bridge to remain in the closed-tonavigation position except for the previously approved scheduled opening times to
allow for the passage of vessels.
----------------------------U.S. CITIZENSHIP AND IMMIGRATION SERVICES (USCIS)
Documents acceptable for employment eligibility verification, correction:
Documents Acceptable for Employment Eligibility Verification; Correction, Federal
Register, March 11, 2009, Volume 74, Number 46, Rules and Regulations, Page
10455, 8 CFR Part 274a, CIS No. 2441-08, Docket No. USCIS-2008-0001, RIN 1615AB69, Interim rule, correction.
[TEXT] [PDF]
(This interim rule correction is effective April 3, 2009.)
SUMMARY: On December 17, 2008, the Department of Homeland Security (DHS)
published an interim rule in the Federal Register amending its regulations for the
types of acceptable identity and employment authorization documents and receipts
for completion of the Form I-9, Employment Eligibility Verification. On February 3,
2009, the U.S. Citizenship and Immigration Services (USCIS) delayed the effective
date of the interim rule until April 3, 2009. On February 23, 2009, the DHS published
a final rule that amended the same section of the Code of Federal Regulations (CFR)
as the interim rule, resulting in an inadvertent error in the interim rule's amendatory
language. This action corrects that error.
CORRECTION: 8 CFR Part 274a --CONTROL OF EMPLOYMENT OF ALIENS Section
274.2 is corrected as follows:
On page 76511, in the first column, instruction 2d is revised to read:
“Revising paragraphs (b)(1)(v)(A)(1) through (5), and adding paragraph
(b)(1)(v)(A)(6);”
On page 76511, in the first column, an instruction is added immediately after
instruction 2d to read: “Paragraph (b)(1)(v)(A) is further amended by
removing the period at the end of paragraph (b)(1)(v)(A)(6) and adding a “;”
in its place.
-----------------------------
U.S. CUSTOMS AND BORDER PROTECTION (USCBP)
Extension of import restrictions imposed on archaeological material from
Honduras: Extension of Import Restrictions Imposed on Archaeological Material
From Honduras, Federal Register, March 11, 2009, Volume 74, Number 46, Rules
and Regulations, Page 10482, 19 CFR Part 12, CBP Dec. 09-05, RIN 1505-AC11,
Final rule.
[TEXT] [PDF]
(This final rule is effective March 11, 2009.)
SUMMARY: The U.S. Customs and Border Protection (USCBP) amends its regulations
to reflect the extension of import restrictions on certain categories of archaeological
material from the Pre-Columbian cultures of the Republic of Honduras (Honduras)
that were imposed by the USCBP Decision 04-08, expiring March 12, 2009. The U.S.
Department of State (DOS) has determined that conditions continue to warrant the
imposition of import restrictions. Accordingly, these import restrictions are to remain
in effect for an additional 5 years, and the USCBP regulations are amended to reflect
this extension until March 12, 2013. These restrictions are extended under the
determinations of the DOS made under the terms of the Convention on Cultural
Property Implementation Act in accordance with the 1970 United Nations
Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means
of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of
Cultural Property. The USCBP Decision 04-08 contains the Designated List of
archaeological material that describes the articles to which the restrictions apply.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE LINKED DOCUMENT.
PROPOSED REGULATIONS
Drawbridge operation regulation, Pamunkey River, West Point, Virginia:
Drawbridge Operation Regulation; Pamunkey River, West Point, VA, Federal Register,
March 12, 2009, Volume 74, Number 47, Proposed Rules, Page 10692, 33 CFR Part
117, Docket No. USCG-2008-1175, RIN 1625-AA09, Notice of proposed rulemaking.
[TEXT] [PDF]
(Any comments and related material must be submitted on or before April 27, 2009.)
SUMMARY: The U.S. Coast Guard (USCG) proposes to change the drawbridge
operation regulations of the Eltham Bridge (SR33/30), at mile 1.0, across Pamunkey
River at West Point, Virginia. This proposed rule allows the bridge to open on signal if
at least four hours notice is given. This proposed rule provides for the reasonable
needs of navigation, due to the anticipated infrequency of requests for vessel
openings of the drawbridge.
Drawbridge operation regulation, Perquimans River, Hertford, North
Carolina: Drawbridge Operation Regulation; Perquimans River, Hertford, NC,
Federal Register, March 13, 2009, Volume 74, Number 48, Proposed Rules, Page
10850, 33 CFR Part 117, Docket No. USCG-2009-0073, RIN 1625-AA09, Notice of
proposed rulemaking.
[TEXT] [PDF]
(Any comments and related material must be submitted on or before April 27, 2009.)
SUMMARY: The U.S. Coast Guard (USCG) proposes to change the drawbridge
operation regulations of the US17 Bridge, at mile 12.0, across Perquimans River at
Hertford, NC. This proposed rule allows the drawbridge to operate on an advance
notice basis during specific times of the year. This proposed change is to result in
more efficient use of the bridge during months of infrequent transit.
Regulated navigation area, Chesapeake and Delaware Canal, Chesapeake
City anchorage basin, Maryland: Regulated Navigation Area; Chesapeake and
Delaware Canal, Chesapeake City Anchorage Basin, MD, Federal Register, March 12,
2009, Volume 74, Number 47, Proposed Rules, Page 10695, 33 CFR Part 165, Docket
No. USCG-2008-1119, RIN 1625-AA11, Notice of proposed rulemaking.
[TEXT] [PDF]
(Any comments and related material must either be submitted online via
http://www.regulations.gov on or before May 11, 2009 or reach the Docket
Management Facility by that date.)
SUMMARY: The U.S. Coast Guard (USCG) proposes to establish a permanent
regulated navigation area (RNA) in waters of the Chesapeake and Delaware Canal,
within the anchorage basin at Chesapeake City, Maryland, to be enforced annually
the last Saturday in June, 12:01 a.m. until 11:59 p.m. This RNA is to provide for the
safety of life, property and the environment. This RNA restricts and controls the
movement of vessels and people throughout the anchorage basin during Chesapeake
City's Canal Day event.
REGULATED NAVIGATION AREA: This regulated navigation area encompasses all
waters of the Chesapeake and Delaware Canal within the anchorage basin at
Chesapeake City, Maryland, bounded by a line drawn across the entrance to the
basin from position latitude 39°31'39.6" N, longitude 075°48'36.5" W, to position
latitude 39°31'40.6" N, longitude 075°48'43.3" W. All coordinates reference North
American Datum 1983 (NAD 83).
U.S. CUSTOMS AND BORDER PROTECTION (USCBP)
Cost or value of foreign repairs, alterations, or processing: Cost or Value of
Foreign Repairs, Alterations, or Processing, Federal Register, March 13, 2009,
Volume 74, Number 48, Proposed Rules, Page 10849, 19 CFR Part 10, USCBP-20080105, RIN 1505-AC07, Notice of proposed rulemaking.
[TEXT] [PDF]
(Any comments must be received on or before May 12, 2009.)
SUMMARY: The U.S. Customs and Border Protection (USCBP) proposes to amend the
USCBP regulations to exclude from the dutiable value of repairs, alterations, or
processing performed abroad on articles exported from the United States and
returned under subheading 9802.00.40, 9802.00.50, or 9802.00.60, Harmonized
Tariff Schedule of the United States (HTSUS), the value of U.S.-origin parts used in
the foreign repairs, alterations, or processing. The proposed changes are to provide
an incentive to use U.S.-origin parts in the foreign repairs, alterations, or processing
of articles entered under the above-referenced HTSUS provisions.
THIS PROPOSED REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED
MORE INFORMATION, PLEASE SEE THE FULL TEXT IN THE LINKED DOCUMENT.
---------------------------------------------JUSTICE (DOJ)
PROPOSED REGULATIONS
DRUG ENFORCEMENT ADMINISTRATION (DEA)
Schedules of controlled substances, placement of lacosamide into Schedule
V: Schedules of Controlled Substances: Placement of Lacosamide into Schedule V,
Federal Register, March 10, 2009, Volume 74, Number 45, Proposed Rules, Page
10205, 21 CFR Part 1308, Docket No. DEA-325P, Notice of proposed rulemaking.
[TEXT] [PDF]
(Any written comments must be postmarked on or before April 9, 2009, and any
electronic comments must be sent on or before April 9, 2009. The electronic Federal
Docket Management System does not accept comments after midnight Eastern Time
on the last day of the comment period.)
SUMMARY: The Drug Enforcement Administration (DEA) places the substance
lacosamide [(R)-2-acetoamido-N-benzyl-3-methoxy-propionamide] and all products
containing lacosamide into Schedule V of the Controlled Substances Act. This
proposed action is based on a recommendation from the Acting Assistant Secretary
for Health of the Department of Health and Human Services (DHHS) and on an
evaluation of the relevant data by the DEA. If finalized as proposed, this action would
impose the regulatory controls and criminal sanctions applicable to Schedule V nonnarcotics on those who handle lacosamide and products containing lacosamide.
MECHANISM OF ACTION: Lacosamide, known chemically as (R)-2-acetoamido-Nbenzyl-3-methoxy-propionamide, is a central nervous system depressant drug with a
mechanism of action unlike other depressant drugs (benzodiazepines, barbiturates
etc.). Lacosamide does not act on the gamma amino butyric acid (GABA) system and
does not have biologically significant affinity at numerous receptors, channels and
transporters that are associated with known drugs of abuse. Although the precise
mechanism of action of lacosamide remains undetermined, in vitro studies suggest
that it causes selective enhancement of slow inactivation of voltage-gated sodium
channels and binds to the collapsing response mediator protein 2 (CRMP-2).
USE AND ABUSE: lacosamide [(R)-2-acetoamido-N-benzyl-3-methoxy propionamide]
for marketing under the trade name Vimpatfor use as an adjunctive therapy in
treatment of partial-onset seizures in patients with epilepsy aged 17 years and older.
Animal studies have demonstrated that lacosamide protects against seizures in
various anticonvulsant models and produces antinociceptive effects in preclinical
neuropathic pain models. Animal studies also indicate that lacosamide has abuse
potential. Lacosamide produces dose dependent sedative-type behaviors in rats. In
drug discrimination tests, Schedule IV drugs, alprazolam and phenobarbital, partially
generalizes to lacosamide in rats trained to recognize lacosamide.
Clinical studies also indicate that lacosamide has abuse potential. In a clinical
study with recreational abusers of sedative hypnotic drugs, lacosamide, similar to
alprazolam, produced subjective responses of “sedation,” “high,” “euphoria,” “drug
liking,” and “good drug effects” similar to alprazolam. These effects of lacosamide
were shorter in duration as compared to those of alprazolam. In clinical
pharmacokinetic and electrocardiographic studies, healthy subjects reported a high
rate of euphoria-type responses following lacosamide administration, suggesting its
ability to produce psychological dependence. The data from animal and human
studies indicate that chronic administration of lacosamide does not produce physical
dependence, as there were no withdrawal symptoms upon its discontinuation.
Adverse events from clinical studies included cognitive disorder, disturbance in
attention, mood alteration, depressed mood, irritability, feeling drunk, memory
impairment, somnolence, and dizziness. These and other data indicate that public
health risks of lacosamide are similar, but in a lower intensity and shorter duration,
to those of other sedative hypnotics and central nervous system depressants, such
as benzodiazepines.
Because lacosamide has not been liscensed for use in the United States there is no
data from law enforcement or health authorities regarding the actual abuse of the
drug or its illicit sale or induction to the recreational drug abuse scene.
ADVESE EFFECTS: Adverse events from clinical studies included cognitive disorder,
disturbance in attention, mood alteration, depressed mood, irritability, feeling drunk,
memory impairment, somnolence, and dizziness. These and other data indicate that
public health risks of lacosamide are similar, but in a lower intensity and shorter
duration, to those of other sedative hypnotics and central nervous system
depressants, such as benzodiazepines.
THIS PROPOSED REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED
MORE INFORMATION, PLEASE SEE THE FULL TEXT IN THE LINKED DOCUMENT.
------------------------------------------PRESIDENTIAL DOCUMENTS
EXECUTIVE ORDERS
Committees, Establishment, Renewal, Termination, etc., Women and Girls,
White House Council on, Establishment (EO 13506): Establishing a White
House Council on Women And Girls,
Federal Register, March 16, 2009, Volume 74, Number 49, Presidential Documents,
Page 11269, Part III, The President, Executive Order 13506--Establishing a White
House Council on Women and Girls, Presidential Documents, Title 3--The President,
Executive Order 13506 of March 11, 2009.
[TEXT] [PDF]
President Obama orders the establishment, within the Executive Office of the
President, a White House Council on Women and Girls (Council) whose purpose is to
coordinate the federal response to issues that particularly impact the lives of women
and girls and to ensure that federal programs and policies address and take into
account the distinctive concerns of women and girls, including women of color and
those with disabilities. Examples of such concerns include disparity in compensation
for comparable work; underrepresentation of women in the sciences, engineering
and technology; reduced rates of health insurance coverage, overreliance for
childcare and, or sick family members and the global epidemic of violence against
women and girls.
The council will be chaired by the Senior Advisor and Assistant to the President for
Intergovernmental Affairs and Public Liaison and will include the members of the
cabinet, certain government agencies and any other government employee or
private citizen the council feels would be able to assist the council in coordinating the
council’s work.
Stem Cells, Removing Research Barriers (EO 13505): Removing Barriers to
Responsible Scientific Research Involving Human Stem Cells, Federal Register, March
11, 2009, Volume 74, Number 46, Presidential Documents, Page 10665, Part IV, The
President, Executive Order 13505--Removing Barriers to Responsible Scientific
Research Involving Human Stem Cells, Memorandum of March 9, 2009--Presidential
Signing Statements, Memorandum of March 9, 2009--Scientific Integrity, Presidential
Documents, Title 3--The President, Executive Order 13505 of March 9, 2009.
[TEXT] [PDF]
President Obama revokes the presidential statement of August 9, 2001, limiting
Federal funding for research involving human embryonic stem cells, and Executive
Order 13435 of June 20, 2007, which supplements the August 9, 2001, statement on
human embryonic stem cell research
This order is to remove the limitations imposed by the revoked statements and
orders on scientific inquiry and to expand National Institutes of Health support for
the exploration of human stem cell research.
ADMINISTRATIVE ORDERS
Government Agencies and Employees, Scientific and Technological
Information, Government Use (Memorandum of March 9, 2009): Scientific
Integrity, Memorandum for the Heads of Executive Departments and
Agencies, Federal Register, March 11, 2009, Volume 74, Number 46, Presidential
Documents, Page 10671, Presidential Documents, Memorandum of March 9, 2009.
[TEXT] [PDF]
President Obama assigns to the Director of the Office of Science and Technology
Policy (Director) the responsibility for ensuring the highest level of integrity in all
aspects of the executive branch's involvement with scientific and technological
processes.
Specifically, Mr. Obama has asked the Director to develop recommendations for
executive action designed to guarantee scientific integrity throughout the executive
branch to achieve the following:
1. The selection and retention of candidates for science and technology positions
in the executive branch should be based on the candidate's knowledge,
credentials, experience, and integrity;
2. Each agency should have appropriate rules and procedures to ensure the
integrity of the scientific process within the agency;
3. When scientific or technological information is considered in policy decisions,
the information should be subject to well-established scientific processes,
including peer review where appropriate, and each agency should
appropriately and accurately reflect that information in complying with and
applying relevant statutory standards;
4. Except for information that is properly restricted from disclosure under
procedures established in accordance with statute, regulation, Executive
Order, or Presidential Memorandum, each agency should make available to
the public the scientific or technological findings or conclusions considered or
relied on in policy decisions;
5. Each agency should have in place procedures to identify and address
instances in which the scientific process or the integrity of scientific and
technological information may be compromised; and
6. Each agency should adopt such additional procedures, including any
appropriate whistleblower protections, as are necessary to ensure the
integrity of scientific and technological information and processes on which
the agency relies in its decisionmaking or otherwise uses or prepares.
Each agency must make available any and all information deemed by the Director to
be necessary to inform the Director in making recommendations to the president.
Each agency will coordinate with the Director in the development of any interim
procedures deemed necessary to ensure the integrity of scientific decisionmaking
pending the Director's recommendations to the president.
Iran, Continuation of National Emergency (Notice of March 11, 2009): Notice
of March 11, Continuation of the National Emergency With Respect To Iran, 2009,
Federal Register, March 13, 2009, Volume 74, Number 48, Presidential Documents,
Page 10997, Part II, The President, Notice of March 11, 2009--Continuation of the
National Emergency With Respect To Iran, Presidential Documents, Title 3--The
President.
[TEXT] [PDF]
BACKGROUND: On March 15, 1995, by Executive Order 12957, the President
declared a national emergency with respect to Iran pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701-1706) to deal with the unusual
and extraordinary threat to the national security, foreign policy, and economy of the
United States constituted by the actions and policies of the Government of Iran. On
May 6, 1995, the President issued Executive Order 12959 imposing more
comprehensive sanctions to further respond to this threat, and on August 19, 1997,
the President issued Executive Order 13059 consolidating and clarifying the previous
orders.
ACTION: President Obama extends for 1 year the national emergency with respect to
Iran. Because the emergency declared by Executive Order 12957 constitutes an
emergency separate from that declared on November 14, 1979, by Executive Order
12170, this renewal is distinct from the emergency renewal of November 2008.
Presidential Signing Statements (Memorandum of March 9, 2009):
Presidential Signing Statements, Memorandum for the Heads of Executive
Departments And Agencies, Federal Register, March 11, 2009, Volume 74, Number
46, Presidential Documents, Page 10669, Presidential Documents, Memorandum of
March 9, 2009.
[TEXT] [PDF]
President Obama will issue signing statements to address constitutional concerns
only when it is appropriate to do so as a means of discharging his constitutional
responsibilities. In issuing signing statements, the president will adhere to the
following principles:
1. The executive branch will take appropriate and timely steps, whenever
practicable, to inform the Congress of its constitutional concerns about
pending legislation. Such communication should facilitate the efforts of the
executive branch and the Congress to work together to address these
concerns during the legislative process, thus minimizing the number of
occasions on which the president is presented with an enrolled bill that may
require a signing statement.
2. Because legislation enacted by the Congress comes with a presumption of
constitutionality, the president will strive to avoid the conclusion that any part
of an enrolled bill is unconstitutional. In exercising the executive responsibility
to determine whether a provision of an enrolled bill is unconstitutional, the
president will act with caution and restraint, based only on interpretations of
the Constitution that are well-founded.
3. To promote transparency and accountability, the president will issue signing
statements that specifically identify the president’s constitutional concerns to
make clear the nature and basis of the constitutional objection.
4. The president will announce in signing statements that the executive branch
will construe statutory provisions in a manner that avoids a constitutional
problem only if that construction is a legitimate one.
To ensure that all signing statements previously issued are followed only when
consistent with these principles, executive branch departments and agencies are
directed to seek the advice of the Attorney General before relying on signing
statements issued prior to the date of this memorandum as the basis for
disregarding, or otherwise refusing to comply with, any provision of a statute.
---------------------------------------------------------------------------------------------------------------------------------------------MONEY, TRANSPORTATION
(March 11-17)
Federal Deposit Insurance (FDIC) – No newly published regulations this week
Federal Reserve (FRS) – No newly published regulations this week
National Transportation Safety Board (NTSB) – No newly published regulations this week
Transportation (DOT) – Includes proposed regulations
Treasury (USDT) – Includes proposed regulations
TRANSPORTATION (DOT)
NEWLY PUBLISHED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, Agusta S.p.A. Model AB139 and AW139
helicopters: Airworthiness Directives; Agusta S.p.A. Model AB139 and AW139
Helicopters, Federal Register, March 16, 2009, Volume 74, Number 49, Rules and
Regulations, Page 11009, 14 CFR Part 39, Docket No. FAA-2009-0170, Directorate
Identifier 2008-SW-45-AD, Amendment 39-15843, AD 2009-06-07, RIN 2120-AA64,
Final rule, request for comments.
[TEXT] [PDF]
(This airworthiness directive (AD) is effective on March 31, 2009. The incorporation
by reference of certain publications is approved by the Director of the Federal
Register as of March 31, 2009. The Federal Aviation Administration must receive any
comments on this AD by May 15, 2009.)
PURPOSE: This airworthiness directive (AD) requires actions intended to correct the
unsafe condition described in the summary, below.
SUMMARY: The Federal Aviation Administration (FAA) adopts a new AD for Agusta
S.p.A. Model AB139 and AW139 helicopters. This AD results from mandatory
continuing airworthiness information (MCAI) issued by the European Aviation Safety
Agency (EASA), which is the Technical Agent for the Member States of the European
Community. The MCAI states:
Operators had reported a number of occurrences of in-flight losses of cockpit
door windows, both left and right side. This condition, if not corrected, could
result in damage to critical components.
The actions specified by this AD are intended to require that cockpit door windows
(windows) be replaced with re-designed windows to prevent a window from
separating from the helicopter, contacting the tailboom or tail rotor, resulting in loss
of control of the helicopter.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE LINKED DOCUMENT.
Airworthiness directives, Airbus Model A321–131 airplanes: Airworthiness
Directives; Airbus Model A321-131 Airplanes, Federal Register, March 16, 2009,
Volume 74, Number 49, Rules and Regulations, Page 11006, 14 CFR Part 39, Docket
No. FAA-2009-0215, Directorate Identifier 2007-NM-278-AD, Amendment 39-15850,
AD 2009-06-13, RIN 2120-AA64, Final rule, request for comments.
[TEXT] [PDF]
(This airworthiness directive (AD) is effective March 31, 2009. The Director of the
Federal Register approved the incorporation by reference of a certain publication
listed in the AD as of March 31, 2009.The Federal Aviation Administration must
receive any comments on this AD by April 15, 2009.)
PURPOSE: This airworthiness directive (AD) results from a finding that certain Airbus
Model A321-131 airplanes may not reach the design life goal due to differences in
thickness of the inner rear spars and that fatigue cracks may develop on inner rear
spars starting from the fastener holes for the attachment of gear rib 5, the forward
pintle fitting, and the actuating cylinder anchorage on these airplanes. This AD
requires actions intended to detect and correct such fatigue cracks, which could
result in reduced structural integrity of the airplane.
SUMMARY: The Federal Aviation Administration (FAA) adopts a new AD for certain
Airbus Model A321-131 airplanes. This AD requires repetitive ultrasonic inspections
to detect cracks in the wing inner rear spars at the attachment holes of the Main
Landing Gear (MLG) forward pintle fitting, the actuator cylinder anchorage fitting,
and rib 5 fitting; and repair of the sealant or repair of any crack.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE LINKED DOCUMENT.
Airworthiness directives, Bell Helicopter Textron Inc. Model 412, 412CF, and
412EP helicopters: Airworthiness Directives; Bell Helicopter Textron Inc. Model
412, 412CF, and 412EP Helicopters, Federal Register, March 16, 2009, Volume 74,
Number 49, Rules and Regulations, Page 11001, 14 CFR Part 39, Docket No. FAA2009-0169, Directorate Identifier 2008-SW-42-AD, Amendment 39-15833, AD 200905-09, RIN 2120-AA64, Final rule, request for comments.
[TEXT] [PDF]
(This airworthiness directive is effective March 31, 2009. Any comments for inclusion
in the Rules Docket must be received on or before May 15, 2009.)
PURPOSE: This airworthiness directive (AD) is prompted by fatigue analysis that
shows that the retirement life should be reduced on certain yokes in Bell Helicopter
Textron Inc. Model 412, 412CF, and 412EP helicopters. This AD requires actions
intended to prevent fatigue cracking of a yoke, failure of a yoke, and subsequent loss
of control of the helicopter.
SUMMARY: The Federal Aviation Administration (FAA) adopts a new AD for Bell
Helicopter Textron Inc. Model 412, 412CF, and 412EP helicopters. This action
requires reidentifying a certain part-numbered main rotor yoke (yoke) based on
whether it was ever installed on a Model 412CF helicopter or on a Model 412 or
412EP helicopter with a slope landing kit. This AD also requires reducing the
retirement life of the reidentified yokes from 5,000 hours time-in-service (TIS) to
4,500 hours TIS. Also, this AD requires recording the reidentified yoke part number
(P/N) and the reduced retirement life on the component history card or equivalent
record.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE LINKED DOCUMENT.
Airworthiness directives, Boeing Model 737 300, 400, and 500 series
airplanes: Airworthiness Directives; Boeing Model 737-300, -400, and -500 Series
Airplanes, Federal Register, March 11, 2009, Volume 74, Number 46, Rules and
Regulations, Page 10469, 14 CFR Part 39, Docket No. FAA-2008-0671, Directorate
Identifier 2008-NM-017-AD, Amendment 39-15796, AD 2009-02-06, RIN 2120AA64, Final rule.
[TEXT] [PDF]
(This airworthiness directive (AD) is effective April 15, 2009. The Director of the
Federal Register approved the incorporation by reference of a certain publication
listed in this AD as of April 15, 2009.)
PURPOSE: This airworthiness directive (AD) results from reports of cracking in the
frame, or in the frame and frame reinforcement, common to the 1.04-inch
nominal diameter wire penetration hole intended for wire routing in certain
Boeing Model 737-300, -400, and -500 series airplanes. This AD requires actions
intended to detect and correct cracking in the fuselage frames and frame
reinforcements, which could reduce the structural capability of the frames to sustain
limit loads, and result in cracking in the fuselage skin and subsequent rapid
depressurization of the airplane.
SUMMARY: The Federal Aviation Administration (FAA) adopts a new AD for certain
Boeing Model 737-300, -400, and -500 series airplanes. This AD requires repetitive
high frequency eddy current inspections for cracking of the 1.04-inch nominal
diameter wire penetration hole in the frame and frame reinforcement, between
stringers S-20 and S-21, on both the left and right sides of the airplane, and related
investigative and corrective actions if necessary.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE LINKED DOCUMENT.
Airworthiness directives, Boeing Model 747–100, 747–100B, 747–100B SUD,
747–200B, 747–200C, etc. series airplanes: Airworthiness Directives; Boeing
Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747300, 747-400, 747SR, and 747SP Series Airplanes, Federal Register, March 16,
2009, Volume 74, Number 49, Rules and Regulations, Page 11013, 14 CFR Part 39,
Docket No. FAA-2008-1072, Directorate Identifier 2008-NM-109-AD, Amendment
39-15838, AD 2009-06-02, RIN 2120-AA64, Final rule.
[TEXT] [PDF]
(This airworthiness directive (AD) is effective April 20, 2009. The Director of the
Federal Register approved the incorporation by reference of a certain publication
listed in the AD as of April 20, 2009.)
PURPOSE: This airworthiness directive (AD) results from a wide-spread fatigue
damage assessment of Model 747 airplanes. This AD requires actions intended to
detect and correct cracks in the fuselage skin that can propagate and grow, resulting
in a loss of structural integrity and a sudden decompression of the airplane during
flight.
SUMMARY: The Federal Aviation Administration (FAA) adopts a new AD for certain
Boeing Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F,
747-300, 747-400, 747SR, and 747SP series airplanes. This AD requires inspecting
for skin cracks at the shear tie end fastener locations of the fuselage frames, and
repairing cracks if necessary.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE LINKED DOCUMENT.
Airworthiness directives, Bombardier Model CL 600 2B19 (Regional Jet
Series 100 & 440) airplanes: Airworthiness Directives; Bombardier Model CL-6002B19 (Regional Jet Series 100 & 440) Airplanes, Federal Register, March 11, 2009,
Volume 74, Number 46, Rules and Regulations, Page 10457, 14 CFR Part 39, Docket
No. FAA-2008-1318, Directorate Identifier 2008-NM-155-AD, Amendment 39-15848,
AD 2009-06-12, RIN 2120-AA64, Final rule.
[TEXT] [PDF]
(This airworthiness directive (AD) is effective April 15, 2009. The Director of the
Federal Register approved the incorporation by reference of certain publications
listed in this AD as of April 15, 2009. The Director of the Federal Register approved
the incorporation by reference of certain other publications listed in this AD as of
September 5, 2007 (72 FR 46555, August 21, 2007).)
PURPOSE: This airworthiness directive (AD) requires actions intended to correct the
unsafe condition described in the summary, below.
SUMMARY: The Federal Aviation Administration (FAA) supersedes an existing AD
for Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) 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:
*****
The Bombardier CL-600-2B19 airplanes have had a history of flap failures at
various positions for several years. Flap failure may result in a significant
increase in required landing distances and higher fuel consumption than
planned during a diversion. * * *
*****
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE LINKED DOCUMENT.
Airworthiness directives, Cessna Aircraft Company Models 208 and 208B
airplanes: Airworthiness Directives; Cessna Aircraft Company Models 208 and 208B
Airplanes, Federal Register, March 11, 2009, Volume 74, Number 46, Rules and
Regulations, Page 10455, 14 CFR Part 39, Docket No. FAA-2008-1319, Directorate
Identifier 2008-CE-071-AD, Amendment 39-15836, AD 2009-05-12, RIN 2120-AA64,
Final rule.
[TEXT] [PDF]
(This airworthiness directive (AD) is effective April 15, 2009. On April 15, 2009, the
Director of the Federal Register approved the incorporation by reference of certain
publications listed in this AD.)
PURPOSE: This airworthiness directive (AD) results from reports of a “catch” in the
aileron control system when the control yoke is turned in certain Cessna Aircraft
Company (Cessna) Models 208 and 208B airplanes. This AD requires actions
intended to prevent the cable attach fitting on the aileron upper quadrant assembly
from rotating and possibly contacting or interfering with the aileron lower quadrant
assembly, which could result in limited roll control and reduced handling capabilities.
SUMMARY: The Federal Aviation Administration (FAA) adopts a new AD for certain
Cessna Aircraft Company (Cessna) Models 208 and 208B airplanes. This AD requires
you to modify the aileron carry-through cable attachment to the aileron upper
quadrant with parts of improved design.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE LINKED DOCUMENT.
Airworthiness directives, Eurocopter France Model EC 155B and EC155B1
helicopters: Airworthiness Directives; Eurocopter France Model EC 155B and
EC155B1 Helicopters, Federal Register, March 16, 2009, Volume 74, Number 49,
Rules and Regulations, Page 11004, 14 CFR Part 39, Docket No. FAA-2009-0195,
Directorate Identifier 2007-SW-34-AD, Amendment 39-15837, AD 2009-06-01, RIN
2120-AA64, Final rule, request for comments.
[TEXT] [PDF]
(This airworthiness directive (AD) is effective March 31, 2009. The incorporation by
reference of certain publications is approved by the Director of the Federal Register
as of March 31, 2009. The Federal Aviation Administration must receive any
comments on this AD by May 15, 2009.)
PURPOSE: This airworthiness directive (AD) requires actions intended to correct the
unsafe condition described in the summary, below.
SUMMARY: The Federal Aviation Administration (FAA) adopts a new AD for
Eurocopter France (Eurocopter) Model EC 155B and EC155B1 helicopters. This AD
results from mandatory continuing airworthiness information (MCAI) issued by the
European Aviation Safety Agency (EASA), which is the Technical Agent for the
Member States of the European Community. The MCAI states that:
The Airworthiness Directive (AD) is prompted by the discovery of a short
circuit evidence in hoist connector “24 Delta” even though the hoist was
removed from the rotorcraft. The short circuit generated sufficient heat to
ignite the paint on the cooler support cowling near the hoist cut-off connector
“24 Delta”. This condition, if not corrected, could result in a fire in this area
which could propagate to surrounding zones.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE LINKED DOCUMENT.
Airworthiness directives, Fokker Model F.27 Mark 050 airplanes:
Airworthiness Directives; Fokker Model F.27 Mark 050 Airplanes,
Federal Register, March 16, 2009, Volume 74, Number 49, Rules and Regulations,
Page 11014, 14 CFR Part 39, Docket No. FAA-2009-0214, Directorate Identifier
2007-NM-343-AD, Amendment 39-15851, AD 2009-06-14, RIN 2120-AA64, Final
rule, request for comments.
[TEXT] [PDF]
(This airworthiness directive (AD) is effective March 31, 2009. The Director of the
Federal Register approved the incorporation by reference of certain publications
listed in the AD as of March 31, 2009. The Federal Aviation Administration must
receive any comments on this AD by April 15, 2009.)
PURPOSE: This airworthiness directive (AD) results from a report that the sliding
member of the main landing gear in certain Fokker Model F.27 Mark 050 airplanes
has been overextended after landing. This AD requires actions intended to detect and
correct improper installation of the lockwire on the two lockbolts that hold the sliding
member end stop, which could result in structural damage of the main gear and loss
of control of the airplane during the landing roll, due to main landing gear
overextension.
SUMMARY: The Federal Aviation Administration (FAA) adopts a new AD for certain
Fokker Model F.27 Mark 050 airplanes. This AD requires measuring the length of the
extended part of the sliding member of the main landing gear, performing an
inspection for the presence of lockwiring, and doing corrective actions if necessary.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE LINKED DOCUMENT.
Airworthiness directives, Trimble or FreeFlight Systems 2101 I/O Approach
Plus global positioning system (GPS) navigation systems: Airworthiness
Directives; Trimble or FreeFlight Systems 2101 I/O Approach Plus Global Positioning
System (GPS) Navigation Systems, Federal Register, March 16, 2009, Volume 74,
Number 49, Rules and Regulations, Page 11003, 14 CFR Part 39, Docket No. FAA2007-28689, Directorate Identifier 2006-SW-17-AD, Amendment 39-15832, AD
2009-05-08, RIN 2120-AA64, Final rule.
[TEXT] [PDF]
(This airworthiness directive is effective April 20, 2009.)
PURPOSE: This airworthiness directive (AD) is prompted by an incident that led to
the discovery of several annunciation errors with the Trimble or FreeFlight Systems
2101 I/O Approach Plus global positioning system (GPS) navigation system (2101
I/O Approach Plus system). The actions specified by this AD are intended to prevent
a pilot from making an unsafe decision based on erroneous information provided by
the 2101 I/O Approach Plus system, which could result in loss of control of the
aircraft.
SUMMARY: The Federal Aviation Administration (FAA) adopts a new AD for the
Trimble or FreeFlight Systems 2101 I/O Approach Plus global positioning system
(GPS) navigation system (2101 I/O Approach Plus system) that requires a software
upgrade for this system.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE LINKED DOCUMENT.
Airworthiness directives, Viking Air Limited Model DHC–7 airplanes:
Airworthiness Directives; Viking Air Limited Model DHC-7 Airplanes, Federal Register,
March 16, 2009, Volume 74, Number 49, Rules and Regulations, Page 11011, 14 CFR
Part 39, Docket No. FAA-2008-1330, Directorate Identifier 2008-NM-138-AD,
Amendment 39-15839, AD 2009-06-03, RIN 2120-AA64, Final rule.
[TEXT] [PDF]
(This airworthiness directive (AD) is effective April 20, 2009. The Director of the
Federal Register approved the incorporation by reference of a certain publication
listed in this AD as of April 20, 2009.)
PURPOSE: This airworthiness directive (AD) requires actions intended to correct the
unsafe condition described in the summary, below.
SUMMARY: The Federal Aviation Administration (FAA) adopts a new AD for Viking Air
Limited Model DHC-7 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:
Transport Canada has received numerous service difficulty reports concerning
Viking DHC-7 and Bombardier DHC-8 aircraft fluorescent lamp holder damage
due to overheating. It has been determined that lamp holder overheating is a
result of arcing between the fluorescent tube pins and the lamp holder
contacts when the tube is not properly seated during installation. Overheating
of lamp holders, if not corrected, could generate fumes and smoke * * *.
*****
The unsafe condition could result in an in-flight fire.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE LINKED DOCUMENT.
Modification of Class D and E airspace, Removal of Class E airspace,
Aguadilla, PR: Modification of Class D and E Airspace, Removal of Class E Airspace;
Aguadilla, PR, Federal Register, March 12, 2009, Volume 74, Number 47, Rules and
Regulations, Page 10676, 14 CFR Part 71, Docket No. FAA-2009-0053, Airspace
Docket No. 09-ASO-11, Direct final rule, request for comments.
[TEXT] [PDF]
(This direct final rule is effective 0901 Universal Coordinated Time (UTC), May 7,
2009. The Director of the Federal Register approves this incorporation by reference
action under Title 1, Code of Federal Regulations, Part 51, subject to the annual
revision of Federal Aviation Administration Order 7400.9 and publication of
conforming amendments. Any comments for inclusion in the Rules Docket must be
received on or before April 27, 2009.)
SUMMARY: The Federal Aviation Administration (FAA) modifies Class D airspace,
modifies Class E airspace designated as an extension to Class D surface area and
removes Class E airspace designated as surface area for an airport at Aguadilla, PR.
The Rafael Hernandez Airport Air Traffic Control Tower now operates on a full-time
basis, thus the associated controlled airspace is modified and removed to reflect the
change. This action enhances the National Airspace System by providing controlled
airspace near Aguadilla, PR.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE LINKED DOCUMENT.
Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures, miscellaneous amendments: Standard
Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure
Procedures; Miscellaneous Amendments, Federal Register, March 11, 2009, Volume
74, Number 46, Rules and Regulations, Page 10471, 14 CFR Part 97, Docket No.
30654, Amendment No. 3310, Final rule.
[TEXT] [PDF]
(This final rule is effective March 11, 2009. The compliance date for each Standard
Instrument Approach Procedure, associated Takeoff Minimums, and Obstacle
Departure Procedure is specified in the amendments. The incorporation by reference
of certain publications listed in the regulations is approved by the Director of the
Federal Register as of March 11, 2009.)
SUMMARY: The Federal Aviation Administration (FAA) establishes, amends,
suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and
associated Takeoff Minimums and Obstacle Departure Procedures (ODPs) for
operations at certain airports. These regulatory actions are due to the adoption of
new or revised criteria, or due to changes occurring in the National Airspace System,
such as the commissioning of new navigational facilities, adding new obstacles, or
changing air traffic requirements. These changes are designed to provide safe and
efficient use of the navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE LINKED DOCUMENT.
Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures, miscellaneous amendments: Standard
Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure
Procedures; Miscellaneous Amendments, Federal Register, March 11, 2009, Volume
74, Number 46, Rules and Regulations, Page 10473, 14 CFR Part 97, Docket No.
30655, Amendment No. 3311, Final rule.
[TEXT] [PDF]
(This final rule is effective March 11, 2009. The compliance date for each Standard
Instrument Approach Procedure, associated Takeoff Minimums, and Obstacle
Departure Procedure is specified in the amendments. The incorporation by reference
of certain publications listed in the regulations is approved by the Director of the
Federal Register as of March 11, 2009.)
SUMMARY: The Federal Aviation Administration (FAA) establishes, amends,
suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and
associated Takeoff Minimums and Obstacle Departure Procedures (ODPs) for
operations at certain airports. These regulatory actions are due to the adoption of
new or revised criteria, or due to changes occurring in the National
Airspace System, such as the commissioning of new navigational facilities, adding
new obstacles, or changing air traffic requirements. These changes are designed to
provide safe and efficient use of the navigable airspace and to promote safe flight
operations under instrument flight rules at the affected airports.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE LINKED DOCUMENT.
Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures: Standard Instrument Approach Procedures, and
Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments,
Federal Register, March 17, 2009, Volume 74, Number 50, Rules and Regulations,
Page 11278, 14 CFR Part 97, Docket No. 30657, Amendment No. 3313, Final rule.
[TEXT] [PDF]
(This final rule is effective March 17, 2009. The compliance date for each Standard
Instrument Approach Procedure, associated Takeoff Minimums, and Obstacle
Departure Procedure is specified in the amendments. The incorporation by reference
of certain publications listed in the regulations is approved by the Director of the
Federal Register as of March 17, 2009.)
SUMMARY: The Federal Aviation Administration (FAA) establishes, amends,
suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and
associated Takeoff Minimums and Obstacle Departure Procedures (ODPs) for
operations at certain airports. These regulatory actions are due to the adoption of
new or revised criteria, or due to changes occurring in the National Airspace System,
such as the commissioning of new navigational facilities, adding new obstacles, or
changing air traffic requirements. These changes are designed to provide safe and
efficient use of the navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE LINKED DOCUMENT.
------------------------------FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION (FMCSA)
Elimination of route designation requirement for motor carriers transporting
passengers over regular routes: Elimination of Route Designation Requirement
for Motor Carriers Transporting Passengers Over Regular Routes, Federal Register,
March 17, 2009, Volume 74, Number 50, Rules and Regulations, Page 11318, 49 CFR
Parts 356, 365, and 374, Docket No. FMCSA-2008-0235, RIN 2126-AB16, Final rule,
delay of effective date and request for comments.
[TEXT] [PDF]
(The effective date of the final rule amending 49 CFR Parts 356, 365, and 374,
published at 74 FR 2895, January 16, 2009, is delayed until June 15, 2009. Any
comments must be received on or before April 16, 2009. The compliance date for
this rule continues to be July 15, 2009.)
SUMMARY: On March 3, 2009, the Federal Motor Carrier Safety Administration
(FMCSA or Agency) published a document in the Federal Register (74 FR 9172)
requesting comments on its proposal to delay the effective date of its January 16,
2009, final rule entitled “Elimination of Route Designation Requirement for Motor
Carriers Transporting Passengers over Regular Routes.” Based on the five comments
received, all supporting the proposal to delay the effective date of the final rule, the
FMCSA extends the effective date by 90 days, and seeks additional public comment
on the rulemaking. The final rule announced the discontinuation of the administrative
requirement that applicants seeking for-hire authority to transport passengers over
regular routes submit a detailed description and a map of the route(s) over which
they propose to operate. In response to the Assistant to the President and Chief of
Staff's memorandum of January 20, 2009, the FMCSA extends the effective date to
allow the Agency the opportunity for further review and consideration of the January
16, 2009, final rule and solicits public comments on the final rule. To afford sufficient
time to consider and respond to comments, the effective date is extended for 90
days.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE LINKED DOCUMENT.
------------------------------SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION (SLSDC)
Tariff of Tolls: Tariff of Tolls, Federal Register, March 12, 2009, Volume 74, Number
47, Rules and Regulations, Page 10677, 33 CFR Part 402, Docket No. SLSDC 20090003, RIN 2135-AA29, Final rule.
[TEXT] [PDF]
(This final rule is effective March 12, 2009.)
SUMMARY: The Saint Lawrence Seaway Development Corporation (SLSDC) and the
St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under
international agreement, jointly publish and presently administer the St. Lawrence
Seaway Tariff of Tolls in their respective jurisdictions. The Tariff sets forth the level
of tolls assessed on all commodities and vessels transiting the facilities operated by
the SLSDC and the SLSMC. The SLSDC revises its regulations to reflect the fees and
charges levied by the SLSMC in Canada. The Tariff of Tolls became effective in
Canada in 2008. For consistency, because these are, under international agreement,
joint regulations, and to avoid confusion among users of the Seaway, the SLSDC
finds that there is good cause to make this U.S. version of the amendments effective
upon publication. (See Supplementary Information in the linked document.)
DETAILS: The SLSDC revises 33 CFR 402.8, “Schedule of tolls”, to reflect the fees
and charges levied by the SLSMC in Canada since 2008. The changes affect the tolls
for commercial vessels and are applicable only in Canada. The collection of tolls by
the SLSDC on commercial vessels transiting the U.S. locks is waived by law (33
U.S.C. 988a(a)). Accordingly, no notice or comment is necessary on these
amendments.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE LINKED DOCUMENT.
PROPOSED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, General Electric Company CF6–80C2 series
turbofan engines: Airworthiness Directives; General Electric Company CF6-80C2
Series Turbofan Engines, Federal Register, March 16, 2009, Volume 74, Number 49,
Proposed Rules, Page 11043, 14 CFR Part 39, Docket No. FAA-2009-0018,
Directorate Identifier 2009-NE-01-AD, RIN 2120-AA64, Notice of proposed
rulemaking (NPRM).
[TEXT] [PDF]
(The Federal Aviation Administration must receive any comments on this proposed
airworthiness directive by May 15, 2009.)
PURPOSE: This proposed airworthiness directive (AD) results from reports of four
failures of rod-ends on certain thrust reverser ballscrew gearbox assembly
adjustable-length end actuators, leading to partial or complete separation of the
transcowl from the engine and airplane during thrust reversal in General Electric
Company (GE) CF6-80C2 series turbofan engines with certain thrust reverser
ballscrew gearbox assembly adjustable-length end actuators installed. This proposed
AD requires actions intended to prevent loss of thrust control, asymmetric thrust,
increased stopping distance, and possibly hazardous debris on the runway, which
could result in unsafe landings.
SUMMARY: The Federal Aviation Administration (FAA) proposes to adopt a new AD
for General Electric Company (GE) CF6-80C2 series turbofan engines with certain
thrust reverser ballscrew gearbox assembly adjustable-length end actuators
installed. This proposed AD would require initial visual inspections and repetitive
replacements of the \3/8\-inch rod-ends installed on the thrust reverser ballscrew
gearbox assembly adjustable-length end actuators, along with optional terminating
action to those repetitive replacements. This proposed AD would also require initial
visual inspections and replacements, if necessary, of the other hardware connecting
the thrust reverser transcowls to the engine.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE LINKED DOCUMENT.
Proposed amendment of Class E airspace, Waverly, OH: Proposed Amendment
of Class E Airspace; Waverly, OH, Federal Register, March 12, 2009, Volume 74,
Number 47, Proposed Rules, Page 10690, 14 CFR Part 71, Docket No. FAA-20081236, Airspace Docket No. 08-AGL-16, Notice of proposed rulemaking (NPRM).
[TEXT] [PDF]
(Any comments must be received on or before April 27, 2009.)
SUMMARY: The Federal Aviation Administration (FAA) proposes to amend Class E
airspace at Waverly, OH. Additional controlled airspace is to accommodate new
Standard Instrument Approach Procedures (SIAPs) at Pike County Airport, Waverly,
OH, and would update the geographic coordinates for the airport. The FAA takes this
action to enhance the safety and management of Instrument Flight Rules (IFR)
aircraft operations at Pike County Airport.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE LINKED DOCUMENT.
Proposed establishment of Class E airspace, Kona, HI: Proposed Establishment
of Class E Airspace; Kona, HI, Federal Register, March 12, 2009, Volume 74, Number
47, Proposed Rules, Page 10691, 14 CFR Part 71, Docket No. FAA-2009-0002,
Airspace Docket No. 09-AWP-1, Notice of proposed rulemaking (NPRM).
[TEXT] [PDF]
(Any comments must be received on or before April 27, 2009.)
SUMMARY: The Federal Aviation Administration (FAA) proposes to establish Class E
airspace at Kona International Airport at Keahole, Kona, HI. Additional controlled
airspace is to accommodate aircraft utilizing the Kona International Airport at
Keahole when the Air Traffic Control Tower is non operational. The FAA proposes this
action to enhance the safety and management of aircraft operations at Kona
International Airport at Keahole, Kona, HI.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE LINKED DOCUMENT.
Qualification, service, and use of crewmembers and aircraft dispatchers:
Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers, Federal
Register, March 12, 2009, Volume 74, Number 47, Proposed Rules, Page 10689, 14
CFR Parts 65, 119, 121, 135, and 142, Docket No. FAA-2008-0677, Notice No. 0807, RIN 2120-AJ00, Proposed rule, notice of public meeting.
[TEXT] [PDF]
(The public meeting will be held April 7, 2009, from 9 a.m. Eastern Daylight Time
(EDT) to 4 p.m. EDT. The Federal Aviation Administration may adjourn the meeting
early if all of the agenda items have been addressed. Any comments on the proposed
rule must be received on or before May 12, 2009.)
SUMMARY: The Federal Aviation Administration (FAA) announces a public meeting on
its proposal, published January 12, 2009, to amend the regulations for crewmember
and aircraft dispatcher training programs in domestic, flag, and supplemental
operations. The FAA has received requests from stakeholders for meetings during the
comment period to clarify the proposal and respond to questions. In response to
those requests, the FAA is holding a public meeting during the comment period. The
purpose of the public meeting is to give an opportunity to those who may be most
affected by the proposed rule to ask questions and seek information from the FAA
regarding the intent of the proposal.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE LINKED DOCUMENT.
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION (SLSDC)
Seaway regulations and rules, periodic update, various categories: Seaway
Regulations and Rules: Periodic Update, Various Categories, Federal Register, March
12, 2009, Volume 74, Number 47, Proposed Rules, Page 10698, 33 CFR Part 401,
Docket No. SLSDC-2009-0002, RIN 2135-AA28, Notice of proposed rulemaking.
[TEXT] [PDF]
(Any party wishing to present views on this proposed amendment may file comments
with the Saint Lawrence Seaway Development Corporation on or before April 13,
2009.)
SUMMARY: The Saint Lawrence Seaway Development Corporation (SLSDC) and the
St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under
international agreement, jointly publish and presently administer the St. Lawrence
Seaway Regulations and Rules (Practices and Procedures in Canada) in their
respective jurisdictions. Under agreement with the SLSMC, the SLSDC amends the
joint regulations by updating the Seaway Regulations and Rules in various
categories. The proposed changes update the following sections of the Regulations
and Rules: Condition of Vessels; Seaway Navigation, Toll Assessment and Payment;
Information and Reports; and Navigation Closing Procedures. These proposed
amendments are to take account of updated procedures and enhance the safety of
transits through the Seaway. Several of the proposed amendments are merely
editorial or for clarification of existing requirements.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE LINKED DOCUMENT.
---------------------------------------------TREASURY (USDT)
NEWLY PUBLISHED REGULATIONS
Extension of import restrictions imposed on archaeological material from
Honduras: Extension of Import Restrictions Imposed on Archaeological Material
From Honduras, Federal Register, March 11, 2009, Volume 74, Number 46, Rules
and Regulations, Page 10482, DEPARTMENT OF HOMELAND SECURITY, Bureau of
Customs and Border Protection, DEPARTMENT OF THE TREASURY, 19 CFR Part 12,
CBP Dec. 09-05, RIN 1505-AC11, Final rule.
[TEXT] [PDF]
(This final rule is effective March 11, 2009.)
SUMMARY: The U.S. Customs and Border Protection (USCBP or CBP), Department of
Homeland Security, and the Department of the Treasury (USDT) amend USCBP
regulations to reflect the extension of import restrictions on certain categories of
archaeological material from the Pre-Columbian cultures of the Republic of Honduras
(Honduras) that were imposed by CBP Decision (Dec.) 04-08 and expire March 12,
2009. The Assistant Secretary for Educational and Cultural Affairs, U.S. Department
of State, has determined that conditions continue to warrant the imposition of import
restrictions. Accordingly, these import restrictions remain in effect for an additional 5
years, and the USCBP regulations are amended to reflect this extension until March
12, 2013. These restrictions are extended according to determinations of the U.S.
Department of State made under the terms of the Convention on Cultural Property
Implementation Act in accordance with the 1970 United Nations Educational,
Scientific and Cultural Organization (UNESCO) Convention on the Means of
Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of
Cultural Property. CBP Dec. 04-08 contains the Designated List of archaeological
material that describes the articles to which the restrictions apply.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE LINKED DOCUMENT.
PROPOSED REGULATIONS
Cost or value of foreign repairs, alterations, or processing: Cost or Value of
Foreign Repairs, Alterations, or Processing, Federal Register, March 13, 2009,
Volume 74, Number 48, Proposed Rules, Page 10849, DEPARTMENT OF HOMELAND
SECURITY, Bureau of Customs and Border Protection, DEPARTMENT OF THE
TREASURY, 19 CFR Part 10, USCBP-2008-0105, RIN 1505-AC07, Notice of proposed
rulemaking.
[TEXT] [PDF]
(Any comments must be received on or before May 12, 2009.)
SUMMARY: The U.S. Customs and Border Protection (USCBP or CBP), Department of
Homeland Security, and the Department of the Treasury (USDT) propose to amend
USCBP Regulations to exclude from the dutiable value of repairs, alterations, or
processing performed abroad on articles exported from the United States and
returned under subheading 9802.00.40, 9802.00.50, or 9802.00.60, Harmonized
Tariff Schedule of the United States (HTSUS), the value of U.S.-origin parts used in
the foreign repairs, alterations, or processing. The proposed changes would provide
an incentive to use U.S.-origin parts in the foreign repairs, alterations, or processing
of articles entered under the above-referenced HTSUS provisions.
PROPOSED AMENDMENTS: The USDT and the USCBP propose to amend 19 CFR Part
10--ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE, ETC. as
follows:
In Section 10.8, paragraph (d) is amended by removing the word “shall” each
place it appears and adding, in its place, the word “will”, and by removing the
words “domestic and” in the second sentence.
In Section 10.9, paragraph (d) is amended by removing the word “shall” each
place it appears and adding, in its place, the word “will”, and by removing the
words “domestic and” in the second sentence.
THIS ACTION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE LINKED DOCUMENT.
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