September 3, 2009 – Federal Register Recent Federal Regulation Documents

The FAA is adopting a new airworthiness directive (AD) for certain Airbus Model A330-200 and -300 series airplanes, Model A340-200 and -300 series airplanes, and Model A340-541 and -642 airplanes. This AD requires replacing certain Thales Avionics pitot probes with certain other pitot probes. This AD results from reports of airspeed indication discrepancies while flying at high altitudes in inclement weather conditions. We are issuing this AD to prevent airspeed discrepancies, which could lead to disconnection of the autopilot and/or auto-thrust functions, and reversion to flight control alternate law and consequent increased pilot workload. Depending on the prevailing airplane altitude and weather, this condition, if not corrected, could result in reduced control of the airplane.

NMFS proposes regulations to implement measures in Amendment 10 to the Atlantic Mackerel, Squid, and Butterfish (MSB) Fishery Management Plan (FMP). Amendment 10 was developed by the Mid-Atlantic Fishery Management Council (Council) to bring the FMP into compliance with Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) requirements by establishing a rebuilding program that allows the butterfish stock to rebuild and permanently protects the long-term health and stability of the stock; and by minimizing bycatch and the fishing mortality of unavoidable bycatch, to the extent practicable, in the MSB fisheries. Amendment 10 would increase the minimum codend mesh size requirement for the Loligo squid (Loligo) fishery; establish a butterfish rebuilding program with a butterfish mortality cap for the Loligo fishery; establish a 72-hr trip notification requirement for the Loligo fishery; and require an annual assessment of the butterfish rebuilding program by the Council's Scientific and Statistical Committee (SSC). This proposed rule would also make minor, technical corrections to existing regulations.

Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects in the exhibition: ``Playing with Pictures: The Art of Victorian Photocollage,'' imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at The Art Institute of Chicago, Chicago, IL, from on or about October 10, 2009, until on or about January 3, 2010, The Metropolitan Museum of Art, New York, NY, from on or about February 2, 2010, until on or about May 9, 2010, and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register.

Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects in the exhibition: ``Paul Gauguin: Paris, 1889,'' imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at The Cleveland Museum of Art, Cleveland, OH, from on or about October 4, 2009, until on or about January 18, 2010, and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register.

Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects in the exhibition: ``Mrs. Delany and her Circle,'' imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at the Yale Center for British Art, New Haven, CT, from on or about September 24, 2009, until on or about January 3, 2010, and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register.

The Secretary of Education, the Honorable Arne Duncan, and the National Assessment Governing Board seek your assistance in identifying qualified individuals to serve as members of the Governing Board for service terms beginning October 1, 2010.

Notice is hereby given of the regular meeting of the Farm Credit System Insurance Corporation Board (Board).

Notice is hereby given of a public hearing to consider a proposed marketing agreement under the Agricultural Marketing Agreement Act of 1937 to cover the handling of leafy green vegetables and products in the United States. The proposal was submitted by a cross- section of producer and handler representatives from the fresh produce industry, collectively referred to as the ``proponent group.'' The proposed agreement would authorize the development and implementation of production and handling regulations (metrics). Such metrics would reflect Good Agricultural Practices, Good Handling Practices, and Good Manufacturing Practices. The proposal would be voluntary in that only handlers who sign the marketing agreement would be subject to the requirements of the marketing agreement. Signatory handlers could only handle leafy green vegetables or product from the production area or imported that meets the requirements of the program. The program would be financed by assessments on first handlers of leafy green vegetables for the fresh market and would be administered by a twenty-three member committee, the majority of whom would be growers and handlers nominated by the industry and appointed by the Department of Agriculture (USDA).

The Secretary of Agriculture is renewing the charter of the Advisory Committee on Beginning Farmers and Ranchers (Committee). The Committee provides advice to the Secretary on ways to encourage Federal and State beginning farmer programs to provide joint financing to beginning farmers and ranchers, and other methods of creating new farming and ranching opportunities. This notice invites nominations for persons to service on the Committee.

The NRC invites public comment about our intention to request the OMB's approval for renewal of an existing information collection that is summarized below. We are required to publish this notice in the Federal Register under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35).

The Nuclear Regulatory Commission (NRC) is proposing significant revisions to its processes for overseeing the safety and security of fuel cycle facilities. The NRC plans to develop a revised oversight process for fuel cycle facilities that is more risk-informed, and performance-based, resulting in more objective, predictable, and transparent results of licensee or certificate holder assessments. (This notice will use ``licensees'' throughout, but in doing so the intent is also to include ``certificate holders.'') Current oversight consists mainly of inspections, enforcement and periodic assessments based on inspection findings. NRC staff intends that any revised oversight would not establish any new regulatory requirements. Rather, revised oversight would improve inspection and assessment so that NRC conclusions would be more closely based on risk and more understandable to members of the public. Revised oversight could potentially add objective measures of performance, called performance indicators, with criteria for measuring acceptable performance. However, development of performance indicators may not be part of the initial revision to the oversight process. Inspections would focus in areas of highest risk that are not well-measured by performance indicators and on validating performance indicator information. Assessments would be based on more objective criteria. Supplemental inspections (those above and beyond the number and type of inspections normal for a well-performing plant) of licensees whose performance shows indications of decline, would also be based on objective criteria. These principles are currently applied by the NRC in the oversight of power reactor safety and security and is outlined in ``Reactor Oversight Process,'' NUREG-1649, (Agencywide Documents Access and Management System [ADAMS] Accession No. ML070890365).

This document contains a correction to the Final Rule of the H-2B program that was published on December 19, 2008. The Final Rule re-engineers the application filing and review process by centralizing processing and by enabling employers to conduct pre-filing recruitment of United States (U.S.) workers. In addition, the rule enhances the integrity of the H-2B program through the introduction of post- adjudication audits and procedures for penalizing employers who fail to meet program requirements. This rule also makes technical changes to both the H-1B and the permanent labor certification program regulations to reflect operational changes stemming from this regulation.

The National Aeronautics and Space Administration (NASA) announces a meeting of the Heliophysics Subcommittee of the NASA Advisory Council (NAC). This Subcommittee reports to the Science Committee of the NAC. The Meeting will be held for the purpose of soliciting from the scientific community and other persons scientific and technical information relevant to program planning.

This action proposes to amend Class E airspace at West Branch, MI. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at West Branch Community Airport, West Branch, MI. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at West Branch Community Airport.

NOAA and the Coast Guard are defining ``marine debris'' for purposes of the Marine Debris Research, Prevention, and Reduction Act (the Act). The Act requires NOAA and the Coast Guard to jointly develop a definition and promulgate it through regulations; this rule represents the agencies' compliance with the Act. For the purposes of the Marine Debris Research, Prevention, and Reduction Act only, marine debris is defined as any persistent solid material that is manufactured or processed and directly or indirectly, intentionally or unintentionally, disposed of or abandoned into the marine environment or the Great Lakes.