Federal Register Highlights – 11/14/13

Unpublished, time-sensitive and proposed rules for November 14, 2013:

RULE: We are adopting a new airworthiness directive (AD) for Aermacchi S.p.A. Models F.260, F.260B, F.260C, F.260D, F.260E, F.260F, S.208, and S.208A airplanes equipped with a Lycoming O–540 wide cylinder flange engine with a front crankcase mounted propeller governor. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as the set screw that fixes the setting of the propeller governor idler gear shaft was not in the proper position. We are issuing this AD to require actions to address the unsafe condition on these products. This AD is effective December 16, 2013.

RULE: We are adopting a new airworthiness directive (AD) for all Airbus Model A330–223F, –223, –321, –322, and –323 airplanes. This AD was prompted by fatigue load analysis that determined that the inspection interval for certain pylon bolts must be reduced. This AD requires a torque check of forward engine mount bolts, and replacement if necessary. We are issuing this AD to detect and correct loose or broken bolts, which could lead to engine detachment in-flight, and damage to the airplane. This AD becomes effective December 19, 2013.

RULE: We are superseding Airworthiness Directives (ADs) 2009–04–07 and 2011–02–09 for certain Airbus Model A330–200, A330–200 Freighter, A300–300, A340–200, A340–300, A340–500, and A340–600 series airplanes. AD 2009–04–07 required revising the airplane flight manual (AFM) to include appropriate operational procedures to prevent the air data inertial reference unit (ADIRU) from providing erroneous data to other airplane systems. AD 2011–02–09 required revising the AFM to provide appropriate operational procedures to prevent the airplane flight directors (FDs), autopilot (AP), and auto-thrust re-engagement in the event of airspeed sources providing similar but erroneous data. This new AD requires that operators modify or replace all three flight control primary computers (FCPCs) with new software standards. Since we issued ADs 2009–04–07 and 2011–02–09, we have determined that new software standards for the FCPCs are necessary to inhibit autopilot re-engagement under unreliable airspeed conditions. This new AD also removes certain airplanes from the applicability. We are issuing this AD to prevent autopilot engagement under unreliable airspeed conditions, which could result in reduced controllability of the airplane. This AD becomes effective December 19, 2013.

RULE: We are adopting a new airworthiness directive (AD) for all Dassault Aviation Model Fan Jet Falcon; Model Mystere-Falcon 200 airplanes; and Model Mystere-Falcon 20–C5, 20–D5, 20–E5, and 20–F5 airplanes. This AD was prompted by reports of defective fire extinguisher bottle cartridges. This AD requires checking manufacturing references of pyrotechnical cartridges for batch number and date, repetitive checking of cartridges for electrical continuity, and replacing defective pyrotechnical cartridges if necessary. We are issuing this AD to detect and correct defective fire bottle cartridges, which could impact the capability to extinguish a fire in an engine, auxiliary power unit, or rear compartment, which could result in damage to the airplane and injury to the occupants. This AD becomes effective December 19, 2013.

RULE: We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 747–100, 747–100B, 747–100B SUD, 747–200B, 747–200C, 747–200F, 747–300, 747–400, 747–400D, 747–400F, and 747SR series airplanes. This AD requires inspecting to determine the part number of the inboard actuator attach fittings of the outboard flap. For affected attach fittings, this AD requires doing a detailed inspection of the attach fittings for a cylindrical defect and replacing if necessary. As an option to the detailed inspection, this AD allows replacement of affected attach fittings. This AD was prompted by a report of the fracture of an inboard actuator attach fitting of the outboard flap. An inspection of the attach fitting revealed that it was incorrectly machined with a cylindrical profile instead of a conical profile, resulting in reduced wall thickness. We are issuing this AD to detect and correct defective inboard actuator attach fittings which, combined with loss of the outboard actuator load path, could result in uncontrolled retraction of the outboard flap, damage to flight control systems, and consequent reduced controllability of the airplane. This AD is effective November 29, 2013.

PROPOSED RULE: This Notice commences a proceeding to consider elimination of the so-called UHF discount in the Commission’s national television multiple ownership rule. Currently, the national television ownership rule prohibits a single entity from owning television stations that, in the aggregate, reach more than 39 percent of the total television households in the nation. It thus appears that the DTV transition has rendered the UHF discount obsolete and it should be eliminated. This Notice seeks comment on that tentative conclusion. It also tentatively decides, in the event that the UHF discount is eliminated, to grandfather existing television station combinations that would exceed the 39 percent national audience reach cap in the absence of the UHF discount and seeks comment on that proposal. Finally, it seeks comment on whether a VHF discount should be adopted, as it appears that under current conditions VHF channels may be technically inferior to UHF channels for the propagation of digital television signals. The Commission must receive written comments on or before December 16, 2013 and reply comments on or before January 13, 2014. (To submit comments, visit www.regulations.gov, reference MB Docket No. 13–236.)

PROPOSED RULE: NASA is proposing to remove from its regulation agency procedures for closeout of grants and cooperative agreements. Simultaneous with removal of the closeout procedures from the regulation, NASA will issue non-regulatory closeout procedures. Interested parties should submit comments to NASA on or before January 13, 2014 to be considered in formulation of the final rule. (To submit comments, visit www.regulations.gov, reference RIN 2700–AE06.)

PROPOSED RULE: NASA is proposing to remove from its regulation agency procedures for the delegation of administration of grants and cooperative agreements. Simultaneous with the removal of the delegation of administration procedures from the regulation, NASA will issue non-regulatory delegation of administration procedures. Interested parties should submit comments to NASA on or before January 13, 2014 to be considered in formulation of the final rule. (To submit comments, visit www.regulations.gov, reference RIN 2700–AE11.)

TEMPORARY RULE: NMFS implements accountability measures (AMs) for the commercial sector for blue runner in the exclusive economic zone (EEZ) of the South Atlantic. Commercial landings for blue runner, as estimated by the Science and Research Director, are projected to reach the commercial annual catch limit (ACL) on November 14, 2013. Therefore, NMFS closes the commercial sector for blue runner on November 14, 2013, at 12:01 a.m., local time, for the remainder of the 2013 fishing year, through December 31, 2013. This action is necessary to protect the blue runner resource in the South Atlantic. This rule is effective 12:01 a.m., local time, November 14, 2013, until 12:01 a.m., local time, January 1, 2014.

TEMPORARY RULE: NMFS implements accountability measures (AMs) for the commercial sector for gag in the exclusive economic zone (EEZ) of the South Atlantic. Commercial landings for gag, as estimated by the Science Research Director, have reached the commercial annual catch limit (ACL). Therefore, NMFS closes the commercial sector for gag on November 13, 2013, for the remainder of the 2013 fishing year, through December 31, 2013. This action is necessary to prevent overfishing of the South Atlantic gag resource. This rule is effective 12:01 a.m., local time, November 13, 2013, until 12:01 a.m., local time, January 1, 2014.

TEMPORARY RULE: NMFS is prohibiting directed fishing for vessels participating in the BSAI trawl yellowfin sole fishery in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2013 allocation of yellowfin sole total allowable catch for vessels participating in the BSAI trawl limited access fishery in the BSAI. Effective 1200 hrs, Alaska local time (A.l.t.), November 10, 2013, through 2400 hrs, A.l.t., December 31, 2013.

PROPOSED RULE: NMFS proposes regulations to implement Amendment 102 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP), and amend the Individual Fishing Quota Program for the Fixed-Gear Commercial Fisheries for Pacific Halibut and Sablefish in Waters in and off Alaska (IFQ Program). Amendment 102 and its proposed implementing regulations would create a Community Quota Entity (CQE) Program in halibut IFQ regulatory area 4B (Area 4B) and the sablefish Aleutian Islands regulatory area that is similar to the existing CQE Program in the Gulf of Alaska (GOA). Amendment 102 would also allow an eligible community in Area 4B and in the Aleutian Islands to establish a non-profit organization as a CQE to purchase halibut catcher vessel quota share (QS) assigned to Area 4B and sablefish QS assigned to the Aleutian Islands. The CQE could assign the resulting annual halibut and sablefish IFQ to participants according to defined CQE Program elements. An additional proposed revision to the IFQ Program regulations would allow IFQ derived from D share halibut QS to be fished on Category C vessels in Area 4B. These actions are necessary to provide additional fishing opportunities for residents of fishery dependent communities and sustain participation in the halibut and sablefish IFQ fisheries. These actions are intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Northern Pacific Halibut Act of 1982, the BSAI FMP, and other applicable law. Submit comments on or before December 16, 2013. (To submit comments, visit www.regulations.gov, reference docket number NOAA–NMFS–2013–0048.)