April 2009 – Federal Register Recent Federal Regulation Documents

The FAA is adopting a new airworthiness directive (AD) for GE CF6-80A series turbofan engines with certain stage 1 high-pressure turbine (HPT) rotor disks, installed. This AD requires removal from service of those stage 1 HPT rotor disks within 30 days after the effective date of the AD. This AD results from the FAA learning that those disks are susceptible to cracks developing at the aft chamfer of the blade dovetail slots. We are issuing this AD to prevent cracks developing at the aft chamfer of the blade dovetail slots that could propagate to a failure of the disk and cause an uncontained engine failure and damage to the airplane.

This decision proposes amendments to Marketing Agreement No. 84 and Order No. 905 (order), which regulate the handling of oranges, grapefruit, tangerines, and tangelos (citrus) grown in Florida; and provides growers with the opportunity to vote in a referendum to determine if they favor the changes. The amendments are based on proposals by the Citrus Administrative Committee (committee), which is responsible for local administration of the order. These amendments would: (1) Modify committee representation by cooperative entities; (2) allow substitute alternates to temporarily represent absent members at committee meetings; (3) authorize the committee to conduct meetings by telephone or other means of communication; and (4) authorize the committee to conduct research and promotion programs, including paid advertising, for fresh Florida citrus. The amendments are intended to improve the operation and administration of the order and provide the industry with additional tools for the marketing of fresh citrus.

NMFS implements this final interim rule pursuant to its authority to issue interim management measures under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act). This action is intended to immediately reduce overfishing on certain stocks managed by the Northeast (NE) Multispecies Fishery Management Plan (FMP), without jeopardizing the likelihood that overfished stocks can achieve rebuilding objectives until long-term measures can be implemented under Amendment 16 to the FMP. Measures for the commercial fishery include an expanded differential days-at-sea (DAS) area in Southern New England (SNE), where a vessel will be charged 2 days for every day fished, and modified groundfish trip limits. In addition, this action maintains the scheduled fishing year (FY) 2009 DAS reduction included in the FMP, which results in an approximate 18-percent reduction in Category A DAS. For private recreational vessels fishing in the Exclusive Economic Zone (EEZ), and for federally permitted charter/party vessels, this action extends in time a seasonal prohibition on the possession of Gulf of Maine (GOM) cod, and prohibits the possession of SNE/Mid-Atlantic (MA) winter flounder. For federally permitted charter/party vessels, this action implements a trip limit for Georges Bank (GB) cod. In addition, this action implements measures to mitigate some of the negative, short-term economic impacts of the FMP by expanding the Closed Area I (CA I) Hook Gear Haddock Special Access Program (SAP); modifying the DAS Leasing Program, the Regular B DAS Program, and the DAS Transfer Program; continuing the Eastern U.S./Canada Haddock SAP; and implementing a reduction in the haddock minimum size to 18 inches (45 cm) for both commercial and recreational vessels. This action also specifies management measures for the U.S./Canada Management Area for FY 2009. NMFS anticipates that the interim measures will need to be renewed upon the rule's expiration for an additional 185 days. Therefore, NMFS is requesting public comments on these measures; comments received will be considered during any subsequent action to extend this final interim rule.

The General Services Administration (GSA) is amending the Federal Travel Regulation (FTR) to clarify that travelers must deduct the appropriate amounts from their meals and incidental expense (M&IE) allowance when meals are part of a registration fee or otherwise paid for by the Government, in conjunction with attendance at conferences or other events while on official travel. In addition, GSA is amending the FTR to clarify that in limited instances, agencies may allow employees to claim the full M&IE allwance when employees are unable to consume meals furnished by the Government.

This rule establishes the quantity of spearmint oil produced in the Far West, by class that handlers may purchase from, or handle for, producers during the 2009-2010 marketing year, which begins on June 1, 2009. This establishes salable quantities and allotment percentages for Class 1 (Scotch) spearmint oil of 842,171 pounds and 42 percent, respectively, and for Class 3 (Native) spearmint oil of 1,196,109 pounds and 53 percent, respectively. The Spearmint Oil Administrative Committee (Committee), the agency responsible for local administration of the marketing order for spearmint oil produced in the Far West, recommended these limitations for the purpose of avoiding extreme fluctuations in supplies and prices to help maintain stability in the spearmint oil market.

The Commission is adopting a final rule on procedures for certain postal complaints and rate and service inquiries. Their adoption is consistent with Commission obligations under a recent change in law.

The U.S. Fish and Wildlife Service (hereinafter the Service or we) proposes to establish annual hunting regulations for certain migratory game birds for the 2009-10 hunting season. We annually prescribe outside limits (frameworks) within which States may select hunting seasons. This proposed rule provides the regulatory schedule, describes the proposed regulatory alternatives for the 2009-10 duck hunting seasons, requests proposals from Indian Tribes that wish to establish special migratory game bird hunting regulations on Federal Indian reservations and ceded lands, and requests proposals for the 2010 spring and summer migratory bird subsistence season in Alaska. Migratory game bird hunting seasons provide opportunities for recreation and sustenance; aid Federal, State, and Tribal governments in the management of migratory game birds; and permit harvests at levels compatible with migratory game bird population status and habitat conditions.

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.

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.

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.

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.

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: