February 2010 – Federal Register Recent Federal Regulation Documents

This action corrects an error in the effective date of a final rule that was published in the Federal Register on November 25, 2009, Airspace Docket No. 09-ASO-29.

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). The Department is conducting an initial referendum to ascertain whether the persons to be covered by and assessed under the Proposed Order favor the implementation of the program prior to it going into effect. In addition, USDA is announcing that the referendum will be conducted among eligible producers of raspberries for processing and importers of processed raspberries to determine whether they favor the implementation of the Proposed Order. The Proposed Order would be implemented if it is approved by a majority of producers and importers voting in the referendum. A separate final rule on referendum procedures is being published in this issue of the Federal Register.

This final rule amends the regulations for the Commodity Supplemental Food Program (CSFP) by removing the priority given to women, infants, and children before the elderly in program participation, in accordance with the amendment made by the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill). As a result of this amendment, local agencies are no longer required to prioritize benefit issuance based on population group. All CSFP applicants may be treated equally when caseload slots become available, provided all eligibility requirements are met.

This rule invites comments on revisions to the nomination and balloting procedures for independent growers on the Cranberry Marketing Committee (Committee). The order regulates the handling of cranberries produced in the States of Massachusetts, Rhode Island, Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon, Washington, and Long Island in the State of New York, and is administered locally by the Committee. This rule would revise the nomination and balloting procedures for independent growers to allow them to participate in the election process for either a member or alternate member on the Committee. The current procedures do not provide for an election process for each position separately.

This action proposes to amend Class E airspace at Magnolia, AR. Decommissioning of the Magnolia non-directional beacon (NDB) at Magnolia Municipal Airport, Magnolia, AR, has made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations at Magnolia Municipal Airport.

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

The Food and Drug Administration (FDA) is confirming the effective date of December 17, 2009, for the final rule that appeared in the Federal Register of November 16, 2009. The final rule amended the color additive regulations to provide for the safe use of paracoccus pigment as a color additive in the feed of salmonid fish to enhance the color of their flesh.

FEMA is correcting a table for Ransom County, North Dakota, and Incorporated Areas.

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.

Comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents, and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.

The Coast Guard proposes a temporary safety zone around a dive platform vessel in Pago Pago Harbor, American Samoa, while diving operations are under way in and around the CHEHALIS wreck. The safety zone is necessary to protect other vessels and the general public from hazards associated with dive operations. Entry into or remaining in the safety zone during the effective period would be prohibited unless authorized by the Coast Guard Captain of the Port Honolulu.

The Rural Utilities Service (RUS) proposes to amend its regulations for the guarantee program for cooperative and other not- for-profit lenders that make loans for eligible electric and telephone purposes. These proposed amendments implement changes adapted in the Food, Conservation, and Energy Act of 2008. The intended effect is to update agency regulations to reflect current statutory authority.

This action proposes to modify Jet Route J-3 by terminating the route at the Spokane, WA, VHF omnidirectional range/tactical air navigation (VORTAC) instead of the Canadian border. This action is necessary for the safety and management of instrument flight rules (IFR) operations within the National Airspace System (NAS).

This action proposes to modify Jet Routes J-37 and J-55 in the Northeast United States (U.S.) by terminating the routes at a navigation aid prior to the U.S./Canadian Border. This change is proposed to resolve flight plan processing issues between U.S. and Canadian air traffic control (ATC) systems.

EPA is proposing to designate two new ocean dredged material disposal sites near the mouth of the Siuslaw River, Oregon, pursuant to the Marine Protection, Research and Sanctuaries Act, as amended (MPRSA). The new sites are needed primarily to serve the long-term need for a location to dispose of material dredged from the Siuslaw River navigation channel, and to provide a location for the disposal of dredged material for persons who have received a permit for such disposal. The newly designated sites will be subject to ongoing monitoring and management to ensure continued protection of the marine environment.

The EPA is approving revisions to the New Mexico State Implementation Plan (SIP) submitted by the Governor of New Mexico on behalf of the Albuquerque Environmental Health Department (AEHD) in a letter dated September 23, 2009 (the September 23, 2009 SIP submittal). The September 23, 2009 SIP submittal concerns revisions to New Mexico Administrative Code Title 20, Chapter 11, Part 49, Excess Emissions (20.11.49 NMACExcess Emissions) occurring during startup, shutdown, and malfunction related activities. We are approving the September 23, 2009 SIP submittal in accordance with the requirements of section 110 of the Clean Air Act (the Act).

On September 15, 2008, HUD published a proposed rule entitled ``Federal Housing Administration: Insurance for Manufactured Housing.'' The comment period for the proposed rule ended on November 14, 2008. This notice identifies an additional issue related to the rule that has resulted from HUD's implementation of a June 2008 final rule pertaining to the federal manufactured home installation program. Accordingly, HUD reopens the comment period for the proposed rule to present this additional issue for consideration in relation to the September 2008 proposed rule and to solicit public comment only on this additional issue.

The Department of Transportation is proposing to amend certain provisions of its drug testing procedures dealing with laboratory testing of urine specimens. Some of the proposed changes will also affect the roles and standards applying to collectors and Medical Review Officers. The proposed changes are intended to create consistency with new requirements established by the U.S. Department of Health and Human Services Mandatory Guidelines.

This rule removes the procedural regulations of the Department of Transportation Employee Protection Program. These regulations are removed because the underlying program was repealed by an act of Congress and the program has been terminated.

The FAA is superseding an existing airworthiness directive (AD) that applies to certain Model 767-200, -300, and -300F series airplanes. The existing AD currently requires repetitive detailed and eddy current inspections to detect cracks or corrosion of certain midspar fuse pins, and corrective actions if necessary. That AD also provides optional terminating action, which ends the repetitive inspections. This new AD requires reduced intervals for certain repetitive inspections. This AD results from a report of a fractured midspar fuse pin. We are issuing this AD to prevent loss of the strut and engine due to corrosion damage and cracking of both fuse pins on the same strut.

We are adopting a new airworthiness directive (AD) for the products listed above. This 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:

This document publishes in the Federal Register an amendment adopting Airworthiness Directive (AD) 2009-23-51, which was sent previously to all known U.S. owners and operators of Sikorsky Aircraft Corporation (Sikorsky) Model S-92A helicopters by individual letters. This AD requires cleaning and inspecting each main gearbox (MGB) assembly mounting foot pad and rib for a crack and corrosion. If you do not find a crack, the AD requires applying a corrosion preventive compound. If you find a crack, the AD requires replacing the MGB before further flight. If you find corrosion, bubbled paint, or paint discoloration, the AD also requires you to repair the MGB before further flight. This amendment is prompted by reports of cracks in the MGB mounting foot pads and foot ribs. This condition, if not detected, could result in loss of the MGB and subsequent loss of control of the helicopter.

We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued 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:

In the December 30, 2009, issue of the Federal Register, the U.S. Department of Energy initiated the rulemaking and data collection process to establish amended energy conservation standards for certain metal halide lamp fixtures. This document announces that the period for submitting comments on the Framework Document is extended to February 5, 2010.

The Department of Transportation is proposing to remove the ``sunset'' provision from its rule governing the airport concessions disadvantaged business enterprise program. The rule would instead provide for periodic program reviews. In addition, in the interest of initiating a program review, the Department is soliciting comments on any changes that should be made in the rule. These comments would assist the Department in reviewing the rule and, if warranted, proposing modifications to it in the future.