April 9, 2009 – Federal Register Recent Federal Regulation Documents

The Coast Guard announces a public meeting to receive comments on an advanced notice of proposed rulemaking (ANPRM) entitled Transportation Worker Identification Credential (TWIC)Reader Requirements that was published in the Federal Register on March 27, 2009. As stated in that document, the ANPRM discusses the Coast Guard's preliminary thoughts on potential requirements for owners and operators of certain vessels and facilities regulated by the Coast Guard under 33 CFR chapter I, subchapter H, for use of electronic readers designed to work with TWICs as an access control measure.

The Food and Drug Administration (FDA) is seeking public comment on a contemplated delay of 60 days in the effective date of the rule entitled ``Substances Prohibited From Use in Animal Food or Feed,'' published in the Federal Register on April 25, 2008 (73 FR 22720). That rule established measures to further strengthen existing safeguards against bovine spongiform encephalopathy (BSE). FDA has become aware that some affected persons, particularly those in the rendering industry, are experiencing difficulties modifying their operations to comply with the new requirements contained in the April 25, 2008 final rule and, therefore, may not be in full compliance by the April 27, 2009, effective date. Accordingly, the FDA is proposing this action to delay the effective date of the April 25, 2008, final rule for 60 days until June 26, 2009. FDA is providing 7 days for public comment solely on the question of whether to delay the effective date.

We are adopting as a final rule, with one change, an interim rule that amended the citrus canker regulations to explicitly prohibit, with limited exceptions, the interstate movement of regulated nursery stock from a quarantined area. The interim rule provided two exceptions to this prohibition, one that allowed nursery stock to be moved interstate for immediate export under certain conditions and another that allowed calamondin and kumquat plants to be moved interstate in accordance with a protocol designed to ensure their freedom from citrus canker. Our decision to provide for the interstate movement of calamondin and kumquat plants was based on their apparent resistance to citrus canker infection. However, since the publication of the interim rule, we have confirmed that 47 calamondin plants growing in an area quarantined for citrus canker were infected with the disease. Therefore, this final rule amends the protocol to exclude calamondin plants. The interim rule was necessary to clarify our regulations and

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the San Francisco Bay-Delta population of the longfin smelt (Spirinchus thaleichthys) as endangered with critical habitat under the Endangered Species Act of 1973, as amended (Act). After a thorough review of all available scientific and commercial information, we find that the San Francisco Bay-Delta population of the longfin smelt does not meet our definition of a distinct population segment (DPS), as identified in our DPS policy (61 FR 4721, February 7, 1996). As a result, listing the species as a DPS is not warranted. However, we are initiating a status assessment of the longfin smelt, and we solicit information on the status of the species range wide.

We propose to adopt a new airworthiness directive (AD) for certain Airbus model series airplanes. This proposed AD would require revising the Airworthiness Limitations Section of the Instructions for Continuing Airworthiness to incorporate new fuel system limitations for airplanes modified in accordance with STC ST00092BO. This AD also requires performing a general visual inspection for tank unit separation and compensator separation of the: center, inner, outer fuel tanks, and trim fuel tanks of the tank units, and corrective actions if necessary. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent a potential of ignition sources inside fuel tanks, which in combination with flammable fuel vapors, could result in a fuel tank fire or explosion and consequent loss of the airplane.

We are adopting a new airworthiness directive (AD) for certain Liberty Aerospace Incorporated Model XL-2 airplanes. This AD requires you to repetitively inspect the exhaust muffler for cracks and to replace the exhaust muffler when cracks are found. This AD is the result of reports that cracks have been found in the exhaust muffler during maintenance and service inspections. We are issuing this AD to detect and correct cracks in the exhaust muffler, which could result in carbon monoxide entering the cabin through the heating system. Carbon monoxide entering into the airplane cabin could lead to incapacitation of the pilot.

The Postal Service is revising its regulations governing the processing and adjudication of domestic mail insurance claims in order to streamline the claims process and to provide customers with more consistent service.

The purpose of this rule is to establish procedures which the Department of Agriculture (USDA or the Department) will use in conducting a referendum to determine whether the issuance of the proposed Processed Raspberry Promotion, Research, and Information Order (Proposed Order) is favored by producers of raspberries for processing and importers of processed raspberries. The Order will be implemented if it is approved by a simple majority of the eligible producers and importers voting in the referendum. These procedures would also be used for any subsequent referendum under the Proposed Order, if it is approved in the initial referendum. The Proposed Order is being published separately in this issue of the Federal Register. This proposed program would be implemented under the Commodity Promotion, Research, and Information Act of 1996 (1996 Act).

NMFS is opening directed fishing for Atka mackerel in the Eastern Aleutian District and the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI) for vessels participating in the BSAI trawl limited access fishery. This action is necessary to fully use the 2009 A season total allowable catch (TAC) of Atka mackerel in these areas specified for vessels participating in the BSAI trawl limited access fishery.

This rule proposes the establishment of an industry-funded promotion, research, and information program for processed raspberries. The proposed program, Processed Raspberry Promotion, Research, and Information Order (Proposed Order), was submitted to the Department of Agriculture (Department) by the Washington Red Raspberry Commission (WRRC). Under the Proposed Order, producers of raspberries for processing and importers of processed raspberries would pay an assessment of up to one cent per pound, with the initial assessment rate being one cent per pound, which would be paid to the proposed National Processed Raspberry Council (Council). Producers and importers of less than 20,000 pounds annually of raspberries for processing and processed raspberries respectively would be exempt from the assessment. The proposed program would be implemented under the Commodity Promotion, Research, and Information Act of 1996 (1996 Act). An initial referendum would be conducted among eligible producers of raspberries for processing and importers of processed raspberries to determine whether they favor the implementation of the program prior to it going into effect. This rule also announces the Agricultural Marketing Service's (AMS) intention to request approval of new processed raspberries information collection requirements by the Office of Management and Budget (OMB) for the Proposed Order.

The Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA'' or ``the Act''), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP'') include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants, or contaminants throughout the United States. The National Priorities List (``NPL'') constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (``EPA'' or ``the Agency'') in determining which sites warrant further investigation. These further investigations will allow EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule proposes to add 13 sites to the NPL, all to the General Superfund Section.

We are adopting a superseding airworthiness directive (AD) for the specified Bell Helicopter Textron Canada Limited (BHTC) Model 206A, 206B, 206L, 206L-1, 206L-3, 206L-4, 222, 222B, 222U, 230, 407, 427, and 430 helicopters. That AD currently requires replacing each affected tail rotor blade (blade) with an airworthy blade that has a serial number not listed in the Rotor Blades, Inc. (RBI) document that is attached to each of the Bell Helicopter Textron Alert Service Bulletins (ASBs) listed in the applicability section of the AD. That AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of Canada. The MCAI states that there have been three reports of blade tip weights departing from the blade during flight. Since issuing that AD, BHTC has issued revised service information to correct part numbers and serial numbers listed in the RBI document that is attached to each BHTC ASB and to add additional part-numbered and serial-numbered blades to the list. The actions of this AD are intended to prevent loss of a blade tip weight, loss of a blade, and subsequent loss of control of the helicopter.

The FAA is superseding an existing airworthiness directive (AD), which applies to all Boeing Model 737-300, -400, and -500 series airplanes. That AD currently requires repetitive inspections for discrepancies of the fuselage skin under the dorsal fin assembly, and repairing if necessary. This new AD requires an inspection for any chafing or crack in the fuselage skin and abrasion resistant coating at the dorsal fin landing, an inspection for damage to the dorsal fin seals, attach clip, and seal retainer, and other specified and corrective actions as necessary. The new requirements will end the need for the existing repetitive inspections. This AD results from a report of an 18-inch crack found in the fuselage skin area under the blade seals of the nose cap of the dorsal fin due to previous wear damage, and additional reports of fuselage skin wear. We are issuing this AD to prevent discrepancies of the fuselage skin, which could result in fatigue cracking due to cabin pressurization and consequent rapid in- flight decompression of the airplane fuselage.