April 8, 2009 – Federal Register Recent Federal Regulation Documents

Airworthiness Directives; General Electric Company (GE) CF34-1A, CF34-3A, and CF34-3B Series Turbofan Engines
Document Number: E9-8070
Type: Proposed Rule
Date: 2009-04-08
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for GE CF34-1A, CF34-3A, and CF34-3B series turbofan engines. This proposed AD would require: Removing from service certain part number (P/N) and serial number (SN) fan blades within compliance times specified in this proposed AD, inspecting the fan blade abradable rub strip on certain engines for wear, inspecting the fan blades on certain engines for cracks, and inspecting the aft actuator head hose fitting for correct position, and if necessary repositioning. This proposed AD results from a report of an under-cowl fire, and a failed fan blade. We are proposing this AD to prevent failure of certain P/N and SN fan blades and aft actuator head hoses, which could result in an under-cowl fire and subsequent damage to the airplane.
Cyhalofop-butyl; Pesticide Tolerances
Document Number: E9-7990
Type: Rule
Date: 2009-04-08
Agency: Environmental Protection Agency
This regulation establishes tolerances for combined residues of cyhalofop-butyl, cyhalofop acid and the di-acid metabolite in or on rice, grain and rice, wild, grain. Interregional Research Project Number 4 (IR-4) and Dow AgroSciences, LLC, requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). This regulation also removes the expired, time-limited tolerances for residues of cyhalofop-butyl, cyhalofop acid and the di-acid metabolite in or on on rice, grain and rice, straw.
International Services Surveys: BE-150, Quarterly Survey of Cross-Border Credit, Debit, and Charge Card Transactions
Document Number: E9-7987
Type: Rule
Date: 2009-04-08
Agency: Department of Commerce, Bureau of Economic Analysis, Economic Analysis Bureau
This final rule amends regulations of the Bureau of Economic Analysis, Department of Commerce (BEA) to set forth the reporting requirements for a new mandatory survey entitled the BE-150, Quarterly Survey of Cross-Border Credit, Debit, and Charge Card Transactions. The survey will collect from major U.S. credit card companies data on cross-border credit, debit, and charge card transactions between U.S. cardholders traveling abroad and foreign businesses and between foreign cardholders traveling in the United States and U.S. businesses. The BE- 150 survey will be conducted on a quarterly basis beginning with the first quarter of 2009.
Security Zone; West Basin, Port Canaveral Harbor, Cape Canaveral, FL
Document Number: E9-7985
Type: Rule
Date: 2009-04-08
Agency: Coast Guard, Department of Homeland Security
The Coast Guard has established a security zone encompassing the navigable waters of the West Basin, Port Canaveral Harbor, Cape Canaveral, Florida. This security zone will be activated 4 hours prior to the scheduled arrival of a cruise ship at the West Basin. It is only enforceable during Maritime Security (MARSEC) Levels 2 and 3 or when there is a specific credible threat during MARSEC Level 1. This security zone will remain activated until the departure of all cruise ships from the West Basin.
Thiamethoxam; Pesticide Tolerances
Document Number: E9-7966
Type: Rule
Date: 2009-04-08
Agency: Environmental Protection Agency
This regulation establishes tolerances for combined residues of thiamethoxam and its metabolite CGA-322704 in or on citrus fruits, citrus pulp, tree nuts, almond hulls, and pistachios. Syngenta Crop Protection, Inc., requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Approval and Promulgation of Air Quality Implementation Plans; Kansas; Update to Materials Incorporated by Reference
Document Number: E9-7959
Type: Rule
Date: 2009-04-08
Agency: Environmental Protection Agency
EPA is updating the materials submitted by Kansas that are incorporated by reference (IBR) into the state implementation plan (SIP). The regulations affected by this update have been previously submitted by the state agency and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center located at EPA Headquarters in Washington, DC, and the Regional Office.
Notice and Recordkeeping for Use of Sound Recordings Under Statutory License
Document Number: E9-7950
Type: Proposed Rule
Date: 2009-04-08
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are seeking written comments from interested parties to questions relating to the costs of census versus sample reporting to assist the Judges in the revision of the interim regulations for filing notices of use and the delivery of records of use of sound recordings under two statutory licenses of the Copyright Act.
Airworthiness Directives; Aeromot-Industria Mecanico Metalurgica ltda. Model AMT-100 Gliders as Modified to AMT-200 and Models AMT-200, AMT-200S, and AMT-300 Gliders
Document Number: E9-7932
Type: Proposed Rule
Date: 2009-04-08
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed 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:
Special Conditions: Boeing Model 747-8/-8F Airplane, Additional Airframe Structural Design Requirements Related to Sudden Engine Stoppage Due to Fan Blade Failures
Document Number: E9-7909
Type: Proposed Rule
Date: 2009-04-08
Agency: Federal Aviation Administration, Department of Transportation
This document proposes special conditions for the Boeing Model 747-8/-8F airplane. This airplane will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. These design features include larger engines with large bypass fans capable of producing much larger and more complex dynamic loads. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. Additional special conditions will be issued for other novel or unusual design features of the Boeing 747-8/-8F airplanes.
Special Conditions: Rosemount Aerospace Inc., Modification to Boeing 737-600, -700, -800, and -900 Series Airplanes: Lithium Battery Systems
Document Number: E9-7907
Type: Rule
Date: 2009-04-08
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for the Boeing 737-600, - 700, -800, and -900 Series airplanes. These airplanes, as modified by Rosemount Aerospace Inc., will have a novel or unusual design feature associated with the installation of lithium batteries. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Disadvantaged Business Enterprise; Overall Goal Schedule and Substitution
Document Number: E9-7904
Type: Proposed Rule
Date: 2009-04-08
Agency: Office of the Secretary, Department of Transportation
This notice of proposed rulemaking (NPRM) would propose to improve administration of the Disadvantaged Business Enterprise (DBE) program by calling upon recipients of DOT financial assistance to transmit overall goals to the Department for approval every three years, rather than annually.
Disadvantaged Business Enterprise Program; Potential Program Improvements
Document Number: E9-7903
Type: Proposed Rule
Date: 2009-04-08
Agency: Office of the Secretary, Department of Transportation
This advance notice of proposed rulemaking (ANPRM) provides interested parties with the opportunity to comment on five matters of interest to participants in the Department of Transportation's disadvantaged business enterprise (DBE) program. The first concerns counting of items obtained by a DBE subcontractor from its prime contractor. The second concerns ways of encouraging ``unbundling'' of contracts to facilitate participation by small businesses, including DBEs. The third is a request for comments on potential improvements to the DBE application form, and the fourth asks for suggestions related to program oversight. The fifth concerns potential regulatory action to facilitate certification for firms seeking to work as DBEs in more than one state. The sixth concerns additional limitations on the discretion of prime contractors to terminate DBEs for convenience, once the prime contractor had committed to using the DBE as part of its showing of good faith efforts.
Special Conditions: TTF Aerospace, LLC, Modification to Boeing Model 767-400 Series Airplanes; Aft Lower-Lobe Crew-Rest Module (CRM)
Document Number: E9-7901
Type: Rule
Date: 2009-04-08
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for Boeing Model 767-400 series airplanes. These airplanes, modified by TTF Aerospace, LLC (TTF), will have a novel or unusual design feature associated with an aft, lower-lobe, crew-rest module (CRM). The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Establishment of Class E Airspace; Ten Sleep, WY
Document Number: E9-7900
Type: Rule
Date: 2009-04-08
Agency: Federal Aviation Administration, Department of Transportation
This action will establish Class E airspace at Ten Sleep, WY. Additional controlled airspace is necessary to accommodate aircraft using a new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedure (SIAP) at Red Reflet Ranch Airport, Ten Sleep, WY. This will improve the safety of Instrument Flight Rules (IFR) aircraft executing the new RNAV GPS SIAP at Red Reflet Ranch Airport, Ten Sleep, WY.
Special Conditions: Dassault Falcon 2000 Series Airplanes; Aircell Airborne Satcom Equipment Consisting of a Wireless Handset and Associated Base Station, With Lithium Battery Installations
Document Number: E9-7899
Type: Rule
Date: 2009-04-08
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for the Dassault Falcon 2000 series airplanes. These airplanes, as modified by Aircell LLC, will have a novel or unusual design feature associated with the Aircell airborne satcom equipment (ASE) which use lithium battery technology. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Safety Zones; Fireworks Displays Within the Fifth Coast Guard District
Document Number: E9-7885
Type: Rule
Date: 2009-04-08
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing 73 permanent safety zones for fireworks displays at various locations within the geographic boundary of the Fifth Coast Guard District. This action is necessary to protect the life and property of the maritime public from the hazards posed by fireworks displays. Entry into or movement within these zones during the enforcement periods is prohibited without approval of the appropriate Captain of the Port.
Safety Zone; Norfolk Tides Post-Game Fireworks Display, Elizabeth River, Norfolk, VA
Document Number: E9-7884
Type: Proposed Rule
Date: 2009-04-08
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes a temporary safety zone on the Elizabeth River in the vicinity of Harbor Park, Norfolk, VA in support of the post-game fireworks displays over the Elizabeth River. This action will protect the maritime public on the Elizabeth River from the hazards associated with fireworks displays.
Special Conditions: Boeing Model 747-8/-8F Airplane, Interaction of Systems and Structures
Document Number: E9-7882
Type: Proposed Rule
Date: 2009-04-08
Agency: Federal Aviation Administration, Department of Transportation
This notice proposes special conditions for the Boeing Model 747-8/-8F airplane. This airplane will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. These design features include their effects on the structural performance. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. Additional special conditions will be issued for other novel or unusual design features of the Boeing 747-8/-8F airplanes.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 29
Document Number: E9-7855
Type: Proposed Rule
Date: 2009-04-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Gulf of Mexico Fishery Management Council (Council) has submitted Amendment 29 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) for review, approval, and implementation by NMFS. Amendment 29 proposes actions to establish an individual fishing quota (IFQ) program for grouper and tilefish species, establish design elements of the program, allow permit stacking, and establish dual classifications to the shallow water and deepwater management units for speckled hind and warsaw grouper. The measures contained in the subject amendment are intended to reduce effort in the Gulf of Mexico grouper and tilefish fisheries.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch for Vessels in the Bering Sea and Aleutian Islands Trawl Limited Access Fishery in the Central Aleutian District of the Bering Sea and Aleutian Islands Management Area
Document Number: E9-7854
Type: Rule
Date: 2009-04-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific ocean perch for vessels participating in the Bering Sea and Aleutian Islands (BSAI) trawl limited access fishery in the Central Aleutian District of the BSAI. This action is necessary to prevent exceeding the 2009 Pacific ocean perch total allowable catch (TAC) specified for vessels participating in the BSAI trawl limited access fishery in the Central Aleutian District of the BSAI.
Spiromesifen; Pesticide Tolerances
Document Number: E9-7820
Type: Rule
Date: 2009-04-08
Agency: Environmental Protection Agency
This regulation establishes tolerances for the combined residues of spiromesifen (2-oxo-3-(2,4,6-trimethylphenyl)-1- oxaspiro[4.4]non-3-en-4-yl 3,3-dimethylbutanoate) and its enol metabolite (4-hydroxy-3-(2,4,6-trimethylphenyl)-1-oxaspiro[4.4]non-3- en-2-one), calculated as the parent compound equivalents, in or on pop corn grain and stover. Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). In addition, this regulation establishes tolerances for sweet corn, kernel, stover, and forage; and berry, lowgrowing, subgroup 13G. Interregional Research Project No. 4 (IR-4) requested these tolerances under the FFDCA. Additionally, the existing tolerance for strawberry is being deleted because it is superseded by the tolerances established for low growing berry subgroup 13-07G. Also, the tolerances for milk fat and meat byproducts of cattle, goats, horses, and sheep are being increased.In addition, this action establishes time-limited tolerances for the combined residues of spiromesifen (2-oxo-3-(2,4,6-trimethylphenyl)-1- oxaspiro[4.4]non-3-en-4-yl 3,3-dimethylbutanoate) and its enol metabolite (4-hydroxy-3-(2,4,6-trimethylphenyl)-1-oxaspiro[4.4]non-3- en-2-one), calculated as the parent compound equivalents, in or on soybean commodities in response to the approval of a specific exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing the use of spiromesifen on soybeans to control spider mites. The time-limited tolerances expire and are revoked on December 31, 2011.
Airworthiness Directives; McDonnell Douglas Model DC-8-50 Series Airplanes; Model DC-8F-54 and DC-8F-55 Airplanes; Model DC-8-60 Series Airplanes; Model DC-8-60F Series Airplanes; Model DC-8-70 Series Airplanes; and Model DC-8-70F Series Airplanes
Document Number: E9-7791
Type: Rule
Date: 2009-04-08
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for all McDonnell Douglas airplanes identified above. This AD requires revising the airplane flight manual to provide the flightcrew with procedures to preclude dry running of the fuel pumps. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent pump inlet friction (i.e., overheating or sparking) when the fuel pumps are continually run as the center wing fuel tank becomes empty, and/or electrical arc burnthrough, which could result in a fuel tank fire or explosion.
Determination of Attainment of the One-Hour Ozone Standard for the Southern New Jersey Portion of the Philadelphia Metropolitan Nonattainment Area
Document Number: E9-7683
Type: Rule
Date: 2009-04-08
Agency: Environmental Protection Agency
EPA is determining that the one-hour ozone nonattainment area in Southern New Jersey, that is, the New Jersey portion of the Philadelphia-Wilmington-Trenton, PA-NJ-DE-MD area, attained the one- hour ozone standard, is not subject to the imposition of penalty fees under section 185 of the Clean Air Act and does not need to implement contingency measures. Areas that EPA classified as severe ozone nonattainment areas for the one-hour National Ambient Air Quality Standard and did not attain the Standard by the applicable attainment date of November 15, 2005 may be subject to these penalty fees. However, since the air quality in the Philadelphia-Wilmington-Trenton area attained the ozone standard as of November 15, 2005, this area will not need to implement this fee program. This is not a redesignation of atttainment for this area, only a fulfillment of a Clean Air Act obligation to determine if an area attained the ozone standard by its applicable attainment date.
Exchange Visitor Program-Au Pairs
Document Number: E9-7674
Type: Rule
Date: 2009-04-08
Agency: Department of State
On June 19, 2008, the Department of State published an interim final rule to revise existing regulations and thereby permit qualified au pairs to participate again in the au pair program after completing a period of at least two years of residency outside the United States following the end date of his or her initial exchange visitor program. The regulations contained in the interim final rule are adopted without change.
Energy Conservation Program: Energy Conservation Standards for Certain Consumer Products (Dishwashers, Dehumidifiers, Microwave Ovens, and Electric and Gas Kitchen Ranges and Ovens) and for Certain Commercial and Industrial Equipment (Commercial Clothes Washers)
Document Number: E9-7545
Type: Rule
Date: 2009-04-08
Agency: Department of Energy
The Department of Energy (DOE) is announcing that it is amending energy conservation standards pertaining to the cooking efficiency of residential gas kitchen ranges and ovens, because it has determined that such standards would be technologically feasible and economically justified and would result in significant conservation of energy, the three primary statutory criteria for adoption of standards under the Energy Policy and Conservation Act (EPCA). DOE is not adopting energy conservation standards pertaining to the cooking efficiency of residential electric kitchen ranges and ovens and microwave ovens, because it has determined that such standards would not be technologically feasible and economically justified. At this point, DOE has decided to defer its decision regarding adoption of amended energy conservation standards for the energy efficiency of commercial clothes washers and standby mode and off mode power consumption by microwave ovens, pending further rulemaking. Finally, DOE is not adopting amended standards for dishwashers and dehumidifiers in this rulemaking, because recent amendments to EPCA have already set standards for those products.
Bacillus subtilis MBI 600; Exemption from the Requirement of a Tolerance
Document Number: E9-7172
Type: Rule
Date: 2009-04-08
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of the biofungicide, Bacillus subtilis MBI 600, in or on all food commodities, including residues resulting from post-harvest uses, when applied/used in accordance with good agricultural practices. Becker Underwood, Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an amendment to expand the existing exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Bacillus subtilis MBI 600 in or on all food commodities.
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