October 19, 2009 – Federal Register Recent Federal Regulation Documents

Apricots Grown in Designated Counties in Washington; Decreased Assessment Rate
Document Number: E9-25121
Type: Rule
Date: 2009-10-19
Agency: Agricultural Marketing Service, Department of Agriculture
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule which decreased the assessment rate established for the Washington Apricot Marketing Committee (Committee) for the 2009-2010 and subsequent fiscal periods from $2.00 to $1.00 per ton of apricots handled. The Committee locally administers the marketing order, which regulates the handling of apricots grown in designated counties in Washington. The decreased assessment rate is necessary to align the Committee's expected revenue with its proposed 2009-2010 budget.
Amendments to Treatments for Sweet Cherry and Citrus Fruit from Australia and Irradiation Dose for Mediterranean Fruit Fly
Document Number: E9-25120
Type: Proposed Rule
Date: 2009-10-19
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend the regulations pertaining to approved phytosanitary treatments of fruits and vegetables by adding new treatment schedules for sweet cherries and for certain species of citrus fruit imported from Australia into the United States. Based on our treatment evaluation, we have determined that the proposed treatments would be effective against Mediterranean fruit fly and Queensland fruit fly, pests associated with sweet cherries and citrus fruit from Australia. We also propose to establish an approved irradiation dose for Mediterranean fruit fly of 100 gray, which is lower than the generic dose of 150 gray that is approved for all fruit flies. New peer-reviewed data indicate that the 100 gray irradiation dose will neutralize Mediterranean fruit fly. These changes would offer more flexibility in treatments while continuing to prevent the introduction or interstate movement of quarantine pests.
Noxious Weeds; Old World Climbing Fern and Maidenhair Creeper
Document Number: E9-25119
Type: Rule
Date: 2009-10-19
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the noxious weed regulations by adding Old World climbing fern (Lygodium microphyllum (Cavanilles) R. Brown) and maidenhair creeper (Lygodium flexuosum (Linnaeus) Swartz) to the list of terrestrial noxious weeds. This action is necessary to prevent the artificial spread of these noxious weeds into the United States.
Protection of Stratospheric Ozone: New Substitute in the Motor Vehicle Air Conditioning Sector Under the Significant New Alternatives Policy (SNAP) Program
Document Number: E9-25106
Type: Proposed Rule
Date: 2009-10-19
Agency: Environmental Protection Agency
The Clean Air Act requires the Environmental Protection Agency (EPA) to review alternatives for ozone-depleting substances and to approve of substitutes that do not present a risk more significant than other alternatives that are available. Under that authority, the Significant New Alternatives Policy (SNAP) program of EPA proposes to expand the list of acceptable substitutes for ozone-depleting
Defense Federal Acquisition Regulation Supplement; Restriction on Research and Development-Deletion of Obsolete Text (DFARS Case 2009-D005)
Document Number: E9-25067
Type: Rule
Date: 2009-10-19
Agency: Defense Acquisition Regulations System, Department of Defense
DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to remove obsolete text
Defense Federal Acquisition Regulation Supplement; DoD Inspector General Address (DFARS Case 2009-D001)
Document Number: E9-25066
Type: Rule
Date: 2009-10-19
Agency: Defense Acquisition Regulations System, Department of Defense
DoD has issued a final rule amending the Defense Federal
International Fisheries; Pacific Tuna Fisheries; Fishing Restrictions in the Longline and Purse Seine Fisheries in the Eastern Pacific Ocean in 2009, 2010, and 2011
Document Number: E9-25064
Type: Proposed Rule
Date: 2009-10-19
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes regulations under the Tuna Conventions Act of 1950 (Act) to implement a decision of the Inter-American Tropical Tuna Commission (IATTC). That decision requires, among other things, that members of the IATTC, including the United States, ensure that catches in the eastern Pacific Ocean (EPO) of bigeye tuna (Thunnus obesus) by longline vessels greater than 24 meters in length do not exceed specified levels in each of the years 2009, 2010, and 2011, and that purse seine vessels class sizes 4-6 do not fish in the EPO during an established closure period. This action is necessary for the United States to satisfy its obligations under the 1949 Convention for the Establishment of an Inter-American Tropical Tuna (Convention), to which it is a Contracting Party.
Protective Regulations for Killer Whales in the Northwest Region Under the Endangered Species Act and Marine Mammal Protection Act
Document Number: E9-25063
Type: Proposed Rule
Date: 2009-10-19
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, the National Marine Fisheries Service (NMFS), are issuing this notice to advise the public that NMFS is extending the public comment period for proposed regulations under the Endangered Species Act and Marine Mammal Protection Act to prohibit vessels from approaching killer whales within 200 yards and from parking in the path of whales for vessels in inland waters of Washington State. The proposed regulations would also prohibit vessels from entering a conservation area during a defined season. The proposed rule was published July 29, 2009, opening a 90-day public comment period and noticing two public meetings. In response to requests from the public, on September 17, 2009, we published a notice in the Federal Register announcing an additional public meeting. We are issuing this notice to announce an 80-day extension of the public comment period in response to requests to provide more time for the public to review the proposed regulation and provide comments.
Industry Codes and Standards; Amended Requirements; Confirmation of Effective Date
Document Number: E9-25049
Type: Rule
Date: 2009-10-19
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) is confirming the effective date of October 19, 2009, for the direct final rule that was published in the Federal Register on August 5, 2009. This direct final rule amended the NRC's regulations on governing vessel head inspection requirements. This amendment revised the upper range of the percentage of axial flaws permitted in a specimen set used for the qualification of nondestructive examination systems (procedures, personnel and equipment), which are used in the performance of inservice inspection (ISI) of pressurized water reactor (PWR) upper vessel head penetrations. This amendment was made as a result of the withdrawal of a stakeholder's recommendation necessitated by a typographical error in the original recommendation with respect to the maximum percentage of flaws that should be oriented axially.
Airworthiness Directives; Thielert Aircraft Engines GmbH (TAE) Models TAE 125-02-99 and TAE 125-01 Reciprocating Engines
Document Number: E9-25035
Type: Proposed Rule
Date: 2009-10-19
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 (MCAIs) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAIs describe the unsafe condition as:
Safety Zone; Catholic Church Procession; San Diego Bay, San Diego, CA
Document Number: E9-25023
Type: Rule
Date: 2009-10-19
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a safety zone upon the navigable waters of San Diego Bay in support of the Catholic Church Procession Fireworks Display. This safety zone is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port or his designated representative.
Drawbridge Operation Regulation; Blackwater River, Milton, FL
Document Number: E9-25021
Type: Rule
Date: 2009-10-19
Agency: Coast Guard, Department of Homeland Security
The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the CSX Transportation Railroad swing bridge across the Blackwater River, mile 2.80, at Milton, Florida. The deviation is necessary to replace the center pivot bearing of the swing span and will allow the bridge to remain closed to navigation for two consecutive days.
Internal Control Over Financial Reporting in Exchange Act Periodic Reports of Non-Accelerated Filers
Document Number: E9-24990
Type: Rule
Date: 2009-10-19
Agency: Securities and Exchange Commission, Agencies and Commissions
We are amending temporary rules that require companies that are non-accelerated filers to include in their annual reports, pursuant to rules implementing Section 404(b) of the Sarbanes-Oxley Act of 2002, an attestation report of their independent auditor on internal control over financial reporting for fiscal years ending on or after December 15, 2009. The amendments will extend the compliance date for filing attestation reports, so that a non-accelerated filer will be required to file the auditor's attestation report on internal control over financial reporting when it files an annual report for a fiscal year ending on or after June 15, 2010.
Airworthiness Directives; Airbus Model A330-200 and -300, and Model A340-300 Series Airplanes
Document Number: E9-24988
Type: Proposed Rule
Date: 2009-10-19
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:
Airworthiness Directives; Boeing Model 757 Airplanes
Document Number: E9-24987
Type: Proposed Rule
Date: 2009-10-19
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Boeing Model 757 airplanes. This proposed AD would require replacing the power control relays for the fuel boost pumps and override pumps with new relays having a ground fault interrupt (GFI) feature. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent damage to the fuel pumps caused by electrical arcing that could introduce an ignition source in the fuel tank, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.
Airworthiness Directives; Boeing Model 737-600, -700, -700C, -800, and -900 Series Airplanes
Document Number: E9-24986
Type: Proposed Rule
Date: 2009-10-19
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Boeing Model 737-600, -700, -700C, -800, and -900 series airplanes. This proposed AD would require inspections for scribe lines in the fuselage skin at lap joints, the splice strap at certain butt joints, the skin or doubler at certain approved repair doublers, and the skin at decal locations; and related investigative and corrective actions if necessary. This proposed AD results from reports of scribe line damage found adjacent to the skin lap joints, decals, and wing-to- body fairings. We are proposing this AD to detect and correct scribe lines, which can develop into fatigue cracks in the skin. Undetected fatigue cracks can grow and cause sudden decompression of the airplane.
Airworthiness Directives; Boeing Model 757 Airplanes
Document Number: E9-24984
Type: Proposed Rule
Date: 2009-10-19
Agency: Federal Aviation Administration, Department of Transportation
We are revising an earlier proposed airworthiness directive (AD) for all Boeing Model 757-200, -200PF, -200CB, and -300 series airplanes. The original NPRM would have required an inspection of the two spring arms in the spin brake assemblies in the nose wheel well to determine if the spring arms are made of aluminum or composite material, and repetitive related investigative/corrective actions if necessary. The original NPRM resulted from reports of cracked and broken aluminum springs. This action revises the original NPRM to include a parts installation paragraph and to provide options for terminating the repetitive actions. We are proposing this supplemental NPRM to detect and correct cracked or broken springs. A cracked or broken spring could separate from the airplane and result in potential hazard to persons or property on the ground, or ingestion into the engine with engine damage and potential shutdown, or damage to the airplane.
Modification of Class E Airspace; Beckley, WV
Document Number: E9-24935
Type: Rule
Date: 2009-10-19
Agency: Federal Aviation Administration, Department of Transportation
This action modifies Class E airspace at Beckley, WV. Controlled airspace is being expanded to contain the Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) that have been developed for Raleigh County Memorial Airport. This action enhances the National Airspace System by providing controlled airspace in the vicinity of Beckley, WV.
Hazardous Materials: Revision of Requirements for Emergency Response Telephone Numbers
Document Number: E9-24799
Type: Rule
Date: 2009-10-19
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
In this final rule, PHMSA is amending the Hazardous Materials Regulations to clarify requirements governing emergency response information services provided by arrangement with hazardous materials offerors (shippers). In order to preserve the effectiveness of these arrangements for providing accurate and timely emergency response information, PHMSA is requiring basic identifying information (offeror name or contract number) to be included on shipping papers. This information will enable the emergency response information provider to identify the offeror on whose behalf it is accepting responsibility for providing emergency response information in the event of a hazardous materials incident and obtain additional information about the hazardous material as needed.
Establishment of Class E Airspace; Spencer, WV
Document Number: E9-24642
Type: Rule
Date: 2009-10-19
Agency: Federal Aviation Administration, Department of Transportation
This action establishes Class E Airspace at Spencer, WV. This action enhances the safety and airspace management of Boggs Field Airport, Spencer, WV.
Amendment of Class E Airspace; Minden, NE
Document Number: E9-24624
Type: Rule
Date: 2009-10-19
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace at Minden, NE. Additional controlled airspace is necessary to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAPs) at Pioneer Village Field Airport, Minden, NE. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at Pioneer Village Field Airport.
Amendment of Class E Airspace; Peoria, IL
Document Number: E9-24622
Type: Rule
Date: 2009-10-19
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace for the Peoria, IL area. Additional controlled airspace is necessary to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAP) at Mount Hawley Auxiliary Airport, Peoria, IL. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at Mount Hawley Auxiliary Airport.
Amendment of Class E Airspace; Winona, MN
Document Number: E9-24621
Type: Rule
Date: 2009-10-19
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace at Winona, MN. Additional controlled airspace is necessary to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAP) at Winona Municipal AirportMax Conrad Field, Winona, MN. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at Winona Municipal AirportMax Conrad Field.
Amendment of Class E Airspace; St. Louis, MO
Document Number: E9-24620
Type: Rule
Date: 2009-10-19
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace for the St. Louis, MO area. Additional controlled airspace is necessary to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAP) at Spirit of St. Louis Airport, St. Louis, MO. Also, this action makes minor adjustments to the geographic coordinates for the Lambert-St. Louis International Airport, St. Louis VORTAC, and the Foristell VORTAC. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at Spirit of St. Louis Airport.
Amendment of Class E Airspace; Tioga, ND
Document Number: E9-24619
Type: Rule
Date: 2009-10-19
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace at Tioga, ND. Additional controlled airspace is necessary to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAP) at Tioga Municipal Airport, Tioga, ND. This action also amends the geographic coordinates of Tioga Municipal Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at Tioga Municipal Airport.
National Primary Drinking Water Regulations: Drinking Water Regulations for Aircraft Public Water Systems
Document Number: E9-24552
Type: Rule
Date: 2009-10-19
Agency: Environmental Protection Agency
The Environmental Protection Agency is establishing Federal drinking water requirements (known as national primary drinking water regulations or NPDWRs) for aircraft public water systems (hereafter, aircraft water systems) under the Safe Drinking Water Act (SDWA). Federal drinking water standards were primarily designed to regulate water quality in stationary public water systems, and the application of these requirements to mobile water systems with the capability of flying throughout the world has created implementation challenges. This final rule's requirements are intended to tailor existing health-based drinking water standards to the unique characteristics of aircraft water systems for the enhanced protection of public health against illnesses attributable to microbiological contamination. EPA believes that this approach will better protect public health while building upon existing aircraft operations and maintenance programs, better coordinate Federal programs that regulate aircraft water systems, and minimize disruptions of aircraft flight schedules.
Airworthiness Directives; BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ Airplanes
Document Number: E9-24985
Type: Proposed Rule
Date: 2009-10-19
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: Reports have been received of finding corrosion at the Frame 29 wing-to-fuselage attachment lug plate joint. This condition, if not detected and corrected, could result in a degradation of the structural integrity of Frame 29 and the wing-to-fuselage attachment.
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