January 4, 2010 – Federal Register Recent Federal Regulation Documents

Importation of Hass Avocados From Peru
Document Number: E9-31182
Type: Rule
Date: 2010-01-04
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the fruits and vegetables regulations to allow the importation of Hass avocados from Peru into the continental United States. As a condition of entry, Hass avocados from Peru will have to be produced in accordance with a systems approach that includes requirements for importation in commercial consignments; registration and monitoring of places of production and packinghouses; grove sanitation; pest-free areas or trapping for the South American fruit fly; pest-free areas or treatment for the Mediterranean fruit fly; surveys for the avocado seed moth; and inspection for quarantine pests by the national plant protection organization of Peru. Hass avocados from Peru will also be required to be accompanied by a phytosanitary certificate with an additional declaration stating that the avocados were grown, packed, and inspected and found to be free of pests in accordance with these requirements. This action will allow the importation of Hass avocados from Peru into the United States while continuing to provide protection against the introduction of quarantine pests.
Temporary Suspension of the Population Estimates and Income Estimates Challenge Programs
Document Number: E9-31171
Type: Rule
Date: 2010-01-04
Agency: Department of Commerce, Bureau of the Census, Census Bureau
The Bureau of the Census (Census Bureau) publishes this final rule to announce to state and local governments and to federal agencies that, beginning on February 3, 2010, the Census Bureau will temporarily suspend the Population Estimates Challenge Program during both the decennial census year and the following year, and will indefinitely suspend the Per Capita Income Estimates Challenge Program (also known as Procedure for Challenging Certain Population and Income Estimates) to accommodate the taking of the 2010 Census. During this time, the Census Bureau will not provide the operations necessary to review the July 1, 2009, population or per capita income estimates for state, and other general-purpose governments, such as cities, towns, and villages. The Population Estimates Challenge Program will resume in 2012 as the program begins operations based upon the results of the 2010 Census. The Per Capita Income Estimates Challenge Program will be suspended until a rulemaking is initiated to remove those regulations from the Code of Federal Regulations. This rule also summarizes the comments received on the October 7, 2009 proposed rule requesting comments on the proposed temporary suspension of the Population Estimates and Income Estimates Challenge Programs.
Approval and Promulgation of Air Quality Implementation Plan: Kentucky; Approval Section 110(a)(1) Maintenance Plan for the 1997 8-Hour Ozone Standard for the Paducah Area
Document Number: E9-31170
Type: Proposed Rule
Date: 2010-01-04
Agency: Environmental Protection Agency
EPA is proposing to approve a revision to the Kentucky State
Airworthiness Directives; SOCATA Model TBM 700 Airplanes
Document Number: E9-31168
Type: Proposed Rule
Date: 2010-01-04
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:
Endorsement and Payment of Checks Drawn on the United States Treasury
Document Number: E9-31166
Type: Proposed Rule
Date: 2010-01-04
Agency: Fiscal Service, Public Debt Bureau, Department of Treasury, Department of the Treasury
The Department of the Treasury, Financial Management Service (FMS), is proposing to amend its regulation governing the endorsement and payment of checks drawn on the United States Treasury, to provide that Treasury may direct Federal Reserve Banks to debit a financial institution's account at the financial institution's servicing Federal Reserve Bank for all check reclamations that the financial institution has not protested. Financial institutions will continue to have the right to file a protest with FMS if they believe a proposed reclamation is in error.
Suspension of Community Eligibility
Document Number: E9-31153
Type: Rule
Date: 2010-01-04
Agency: Federal Emergency Management Agency, Department of Homeland Security
This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date.
Alternate Fracture Toughness Requirements for Protection Against Pressurized Thermal Shock Events
Document Number: E9-31146
Type: Rule
Date: 2010-01-04
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) is amending its regulations to provide alternate fracture toughness requirements for protection against pressurized thermal shock (PTS) events for pressurized water reactor (PWR) pressure vessels. This final rule provides alternate PTS requirements based on updated analysis methods. This action is desirable because the existing requirements are based on unnecessarily conservative probabilistic fracture mechanics analyses. This action reduces regulatory burden for those PWR licensees who expect to exceed the existing requirements before the expiration of their licenses, while maintaining adequate safety, and may choose to comply with the final rule as an alternative to complying with the existing requirements.
Airworthiness Directives; Bombardier, Inc. (Type Certificate Previously Held by Canadair) Model CL-600-2B16 (CL-604) Airplanes
Document Number: E9-31137
Type: Proposed Rule
Date: 2010-01-04
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: Two cases of a crack on a ``dry'' ADG (Air Driven Generator) (Hamilton Sundstrand part number in the 761339 series) in the aft area of the strut and generator housing assembly, have been reported on CL-600-2B19 aircraft. The same part number is also installed on CL-600-2B16 (CL-604) aircraft. Investigation determined that the crack was in an area of the strut where the wall thickness of the casting was below specification, due to a manufacturing anomaly in a specific batch of ADGs. Structural failure and departure of the ADG during deployment could possibly result in damage to the aircraft structure. If deployment were activated by a dual engine shutdown, ADG structural failure would also result in loss of hydraulics for the flight controls. The unsafe condition is possible loss of control of the airplane. The proposed AD would require actions that are intended
Special Conditions: Boeing Model 757 Series Airplanes; Seats With Non-Traditional, Large, Non-Metallic Panels
Document Number: E9-31121
Type: Rule
Date: 2010-01-04
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for Boeing Model 757 series airplanes. These airplanes, as modified by Continental Airlines, Inc., will have a novel or unusual design feature 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.
Special Conditions: Airbus Model A318-112 Airplane (S/N 3886); Certification of a Cooktop
Document Number: E9-31120
Type: Rule
Date: 2010-01-04
Agency: Federal Aviation Administration, Department of Transportation
The FAA issues these special conditions for the Airbus Model A318-112. This airplane, as modified by Bizjet, a Lufthansa Technik Company, will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport-category airplanes. The modification consists of installing an electrically heated surface, called a cooktop. 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.
Special Conditions: Airbus Model A340 Series Airplanes; Seats With Non-Traditional, Large, Non-Metallic Panels
Document Number: E9-31119
Type: Rule
Date: 2010-01-04
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for the Airbus Model A340 series 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.
Special Conditions: Airbus Model A330 Series Airplanes; Seats with Non-Traditional, Large, Non-Metallic Panels
Document Number: E9-31118
Type: Rule
Date: 2010-01-04
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for the Airbus Model A330 series 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.
Special Conditions: Boeing Model 787-8 Airplane; Overhead Crew Rest Compartment
Document Number: E9-31117
Type: Proposed Rule
Date: 2010-01-04
Agency: Federal Aviation Administration, Department of Transportation
This action proposes special conditions for the Boeing Model 787-8 airplane. This airplane will have novel or unusual design features associated with installation of an overhead crew rest compartment. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed 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. Additional special conditions will be issued for other novel or unusual design features of the Boeing Model 787-8 airplanes.
Special Conditions: Boeing Model 787-8 Airplane; Overhead Flightcrew Rest Compartment Occupiable During Taxi, Take-Off, and Landing
Document Number: E9-31116
Type: Proposed Rule
Date: 2010-01-04
Agency: Federal Aviation Administration, Department of Transportation
This action proposes special conditions for the Boeing Model 787-8 airplane. This airplane will have novel or unusual design features associated with an overhead flightcrew rest (OFCR) compartment, which is proposed to be occupiable during taxi, take-off, and landing (TT&L). The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed 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. Additional special conditions will be issued for other novel or unusual design features of the Boeing Model 787-8 airplanes.
Amendments to the Section 7216 Regulations-Disclosure or Use of Information by Preparers of Returns
Document Number: E9-31115
Type: Rule
Date: 2010-01-04
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final and temporary regulations that provide rules relating to the disclosure and use of tax return information by tax return preparers. These regulations provide updated guidance affecting tax return preparers regarding the use of information related to lists for solicitation of tax return business; the disclosure or use of statistical compilations of data under section 7216 of the Internal Revenue Code (Code) by a tax return preparer in connection with, or in support of, a tax return preparer's tax return preparation business, including identification of additional limited circumstances when a tax return preparer who compiles statistical information may disclose the compilation without taxpayer consent, and the placement of additional restrictions on the content of the compilation that may be disclosed under those circumstances without taxpayer consent; and the disclosure or use of information for the purpose of performing conflict reviews. The text of these temporary regulations also serves as the text of the proposed regulations set forth in the notice of proposed rulemaking on this subject in the Proposed Rules section in this issue of the Federal Register.
Amendments to the Section 7216 Regulations-Disclosure or Use of Information by Preparers of Returns
Document Number: E9-31114
Type: Proposed Rule
Date: 2010-01-04
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations that provide updated guidance affecting tax return preparers regarding the use of information related to lists for solicitation of tax return business; the disclosure or use of statistical compilations of data under section 7216 of the Internal Revenue Code (Code) by a tax return preparer in connection with, or in support of, a tax return preparer's tax return preparation business, including identification of additional limited circumstances when a tax return preparer who compiles statistical information may disclose the compilation without taxpayer consent, and the placement of additional restrictions on the content of the compilation that may be disclosed under those circumstances without taxpayer consent; and the disclosure or use of information for the purpose of performing conflict reviews. The text of those temporary regulations also serves as the text of these proposed regulations. This document invites comments from the public on these regulations.
Discontinuance of Form FHWA-47
Document Number: E9-31106
Type: Rule
Date: 2010-01-04
Agency: Federal Highway Administration, Department of Transportation
This final rule eliminates regulations which require contractors on National Highway System (NHS) projects of $1 million or more to submit Form FHWA-47. Since the FHWA no longer uses this information, the FHWA is eliminating this reporting requirement.
Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Tennessee; Redesignation of the Shelby County, Tennessee Portion of the Memphis, TN-Arkansas 1997 8-Hour Ozone Nonattainment Area to Attainment
Document Number: E9-31103
Type: Rule
Date: 2010-01-04
Agency: Environmental Protection Agency
EPA is taking final action to approve a request submitted on February 26, 2009, from the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), Air Pollution Control Division, to redesignate the Tennessee portion of the bi-state Memphis, Tennessee-Arkansas 8-hour ozone nonattainment area (hereafter referred to as the ``bi-state Memphis Area'') to attainment for the 1997 8-hour ozone national ambient air quality standards (NAAQS). The bi-state Memphis 1997 8-hour ozone NAAQS nonattainment area is composed of Shelby County, Tennessee and Crittenden County, Arkansas. EPA's approval of the redesignation request is based on the determination that the bi-state Memphis Area has met the criteria for redesignation to attainment set forth in the Clean Air Act (CAA), including the determination that the bi-state Memphis Area has attained the 1997 8- hour ozone standard. Additionally, EPA is approving a revision to the Tennessee State Implementation Plan (SIP) including the 1997 8-hour ozone maintenance plan for Shelby County, Tennessee that contains the new 2006, 2009, 2017, and 2021 motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX ) and volatile organic compounds (VOC) for Shelby County, Tennessee. This action also approves the emissions inventory submitted with the maintenance plan (under the CAA section 182(a)(1)). The State of Arkansas has submitted a similar redesignation request and maintenance plan for the Arkansas portion of this 1997 8-hour ozone area. EPA is taking action on Arkansas' redesignation request, emissions inventory and maintenance plan through a separate rulemaking action. On March 12, 2008, EPA issued a revised 8-hour ozone standard. EPA later announced on September 16, 2009, that it may reconsider this revised ozone standard. The current action,
Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality Planning Purposes; North Carolina: Greensboro-Winston Salem-High Point; Determination of Attaining Data for the 1997 Fine Particulate Matter Standard
Document Number: E9-31083
Type: Rule
Date: 2010-01-04
Agency: Environmental Protection Agency
EPA is determining that the Greensboro-Winston Salem-High Point, North Carolina, (hereafter referred to as ``Greensboro, North Carolina'') nonattainment area for the 1997 fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS) has attaining data for the 1997 PM2.5 NAAQS.
Energy Conservation Program: Test Procedures for Walk-In Coolers and Walk-In Freezers
Document Number: E9-30884
Type: Proposed Rule
Date: 2010-01-04
Agency: Department of Energy
Pursuant to the Energy Policy and Conservation Act, as amended, the U.S. Department of Energy (DOE) is proposing test procedures for measuring the energy consumption of walk-in coolers and walk-in freezers (collectively ``walk-in equipment'' or ``walk- in(s)''), definitions to delineate the products covered by the test procedures, and provisions (including a sampling plan) for manufacturers to implement the test procedures. The notice also
Modification of Class E Airspace; Sarasota, FL
Document Number: E9-30855
Type: Rule
Date: 2010-01-04
Agency: Federal Aviation Administration, Department of Transportation
This action confirms the effective date of a direct final rule published in the Federal Register that modifies the Class E airspace at Sarasota/Bradenton International Airport, Sarasota, FL. This rule increases the safety and management of the aircraft operations at Sarasota/Bradenton International Airport.
Establishment of Class E Airspace; Spencer, WV
Document Number: E9-30801
Type: Rule
Date: 2010-01-04
Agency: Federal Aviation Administration, Department of Transportation
This action confirms the effective date of a direct final rule published in the Federal Register that establishes Class E Airspace at Spencer, WV. This action enhances the safety and airspace management of Boggs Field Airport, Spencer, WV.
Modification of Class E Airspace; Beckley, WV
Document Number: E9-30800
Type: Rule
Date: 2010-01-04
Agency: Federal Aviation Administration, Department of Transportation
This action confirms the effective date of a direct final rule published in the Federal Register that modifies Class E airspace at Raleigh County Memorial Airport, Beckley, WV. This rule increases the safety and management of the aircraft operations at Raleigh County Memorial Airport.
Privacy Act, Government in the Sunshine Act, Freedom of Information Act (“FOIA”), and Federal Election Campaign Act (“FECA”) Rules; Corrections
Document Number: E9-30797
Type: Rule
Date: 2010-01-04
Agency: Federal Election Commission, Agencies and Commissions
The Commission is making technical amendments to various sections of the Privacy Act, Government in the Sunshine Act, FOIA, and FECA rules.
Hazardous Materials: Revision to Requirements for the Transportation of Batteries and Battery-Powered Devices; and Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions; Correction
Document Number: E9-30556
Type: Rule
Date: 2010-01-04
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
On January 14, 2009, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a final rule amending the Hazardous Materials Regulations (HMR) to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. The revisions were necessary to harmonize the HMR with recent changes to the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, the International Maritime Dangerous Goods Code, Transport Canada's Transportation of Dangerous Goods Regulations, and the United Nations Recommendations on the Transport of Dangerous Goods. These revisions also included amendments
Modification of Class D and E Airspace; Albemarle, NC
Document Number: E9-30286
Type: Rule
Date: 2010-01-04
Agency: Federal Aviation Administration, Department of Transportation
This action confirms the effective date of a direct final rule published in the Federal Register May 6, 2009, that modifies Class D and Class E airspace at Stanly County Airport, Albemarle, NC. This action also corrects the True bearing used in the Class D airspace description that was stated incorrectly.
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