June 5, 2009 – Federal Register Recent Federal Regulation Documents

This document amends the Department of Veterans Affairs (VA) regulations to add the Pension Management Center Manager as a person who, in addition to the Veterans Service Center Manager, is authorized to review decisions on benefit claims and authorized to approve permanent and total disability evaluations on an extraschedular basis for pension purposes. These changes are made to reflect the duties of the Pension Management Center Manager.

In accordance with the Privacy Act, as amended, this notice announces renewal of an existing computer matching program that we are currently conducting with LEA.

The FAA is issuing an order to show cause, which solicits the views of interested persons on the FAA's tentative determination to extend through October 30, 2010, the January 15, 2008 order limiting the number of scheduled aircraft arrivals at John F. Kennedy International Airport during peak operating hours. The text of the order to show cause is set forth in this notice.

The FAA is issuing an order to show cause, which solicits the views of interested persons on the FAA's tentative determination to extend through October 30, 2010, the May 15, 2008 order limiting the number of scheduled aircraft arrivals at Newark Liberty International Airport during peak operating hours. The text of the order to show cause is set forth in this notice.

These special conditions are issued for Bombardier Inc. model CL-600-2B19, -2C10, -2D15 and -2D24 airplanes. These airplanes will have a novel or unusual design feature(s) associated with seats that include non-traditional, large, non-metallic panels that would affect survivability during a post-crash fire event. 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.

The Committee for the Implementation of Textile Agreements (CITA) has determined that certain cotton-polyester circular knit fleece fabric, as specified below, is not available in commercial quantities in a timely manner in the CAFTA-DR countries. The product will be added to the list in Annex 3.25 of the CAFTA-DR Agreement in unrestricted quantities.

PHMSA executes a collaborative, coordinated, competitive and co-funded research and development (R&D) program with the pipeline industry and other Federal and State regulators. PHMSA periodically holds a Pipeline R&D Forum to generate recommendations on the future

NMFS announces the suspension of the primary season for Pacific whiting (whiting) fishery for the shore-based sector south of 42[deg] N. lat. at noon local time (l.t.) May 14, 2009. ``Per trip'' limits for whiting were reinstated until 0001 hours June 15, 2009, at which time the primary season for the shore-based sector opens coastwide. This action is authorized by regulations implementing the Pacific Coast Groundfish Fishery Management Plan (FMP), which governs the groundfish fishery off Washington, Oregon, and California. This action is intended to keep the harvest of whiting at the 2009 allocation levels.

NMFS announces the receipt of an application for an exempted fishing permit (EFP) from Patricia L. McNeese, on behalf of the North Carolina Department of Environment and Natural Resources Aquariums Division (NC Aquariums). If granted, the EFP would authorize NC Aquariums to collect, with certain conditions, various species of reef fish and live rock in Federal waters, along the North Carolina coast. The specimens would be used in educational exhibits displaying North Carolina native species at aquariums located on Pine Knoll Shores, Roanoke Island, and Fort Fisher, NC.

The Committee for the Implementation of Textile Agreements (CITA) has determined that certain cotton-polyester circular knit fleece fabric, as specified below, is not available in commercial quantities in a timely manner in the CAFTA-DR countries. The product will be added to the list in Annex 3.25 of the CAFTA-DR Agreement in unrestricted quantities.

The Environmental Protection Agency (EPA) Region 4 is publishing a direct final Notice of Deletion of the Callaway & Son Drum Services Superfund Site, located in Lake Alfred, Polk County, Florida from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final deletion is being published by EPA with the concurrence of the State of Florida, through the Florida Department of Environmental Protection, because EPA has determined that all appropriate response actions under CERCLA, other than five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

EPA expressed environmental concerns about potential impacts to aquatic resources, sensitive plants and wildlife, and recommended additional implementation and adaptive management planning. Rating EC2.

On April 24, 2009, the Agency received a petition from the Natural Resources Defense Council (NRDC) to cancel all pet uses for the pesticide tetrachlorvinphos (TCVP) and a supplement to a previous NRDC petition to cancel all pet collar uses for the pesticide propoxur. NRDC requested these cancellations based on their belief that EPA failed to adequately assess residential exposures to TCVP and propoxur pet collars. NRDC believes that EPA used incorrect exposure assumptions leading to underestimation of residential risk in the TCVP Reregistration Eligibility Decision (RED), Propoxur RED, and N-methyl Carbamate (NMC) Cumulative Risk Assessment (CRA). On April 8, 2009, the Agency opened a 60-day public comment period for the petition to cancel propoxur pet collar uses, originally scheduled to close June 8, 2009. This notice extends the comment period on the propoxur petition to correspond with the timing of the TCVP comment period.

The Department of State has submitted the following information collection request to the Office of Management and Budget (OMB) for approval in accordance with the Paperwork Reduction Act of 1995.

We are advising the public of our determination regarding the high pathogenicity avian influenza (HPAI) subtype H5N1 status of Germany and Poland following outbreaks in 2006 and 2007. Based on assessments of the animal health status of the two countries, which we made available to the public for review and comment through a previous notice, the Administrator has determined that the importation of live birds, poultry carcasses, parts or products of poultry carcasses, and eggs (other than hatching eggs) of poultry, game birds, and other birds from either Germany (except Saxony, Germany) or Poland presents a low risk of introducing HPAI H5N1 into the United States.

This rule proposes to amend provisions of the Mushroom Promotion, Research, and Consumer Information Order (Order) to reapportion membership of the Mushroom Council (Council) to reflect shifts in United States mushroom production as well as to add language to the powers and duties section of the Order allowing the Council the power to develop and propose good agricultural and handling practices and related activities for mushrooms. Section 10104 of the Food, Conservation and Energy Act of 2008 (2008 Farm Bill) (Pub. L. No. 110- 246) amended sections 1925(b)(2) and (c) of the Mushroom Promotion, Research, and Consumer Information Act of 1990 (Act) [7 U.S.C. 6101- 6112]. Specifically, section 10104 changes the Act's requirements for geographic regions used to appoint producer members of the Council from four to three, and adjusts the pounds required by each region for Council membership, which will reallocate Council member representation in two of the three producer geographic regions (Regions 1 and 2). Section 10104 also added language to the powers and duties section of the Act that authorizes the Council to develop and propose good agricultural practices and related activities for mushrooms. This rule proposes changes to the Order based on these amendments to the Act. A referendum will be conducted among eligible producers and importers of mushrooms to determine whether they favor the amendments to the Order.