March 2010 – Federal Register Recent Federal Regulation Documents

The Commander, Eleventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the I Street Drawbridge across the Sacramento River, mile 59.4, at Sacramento, CA. The deviation is necessary to allow the bridge owner to make bridge repairs.

The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulations governing the operation of the SR170 Centerville Turnpike Bridge across the Atlantic Intracoastal Waterway, Albemarle and Chesapeake Canal, mile 15.7, at Chesapeake, VA. The deviation is necessary to facilitate structural repairs to the swing span. This deviation allows the drawbridge to remain in the closed to navigation position.

The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Route 1 & 9 (Lincoln Highway) Bridge, mile 1.8, across the Hackensack River at Jersey City, New Jersey. This deviation allows the bridge owner to require a two hour advance notice for bridge openings April through September and several bridge closures to facilitate bridge painting operations. Vessels that can pass under the draw without a bridge opening may do so at all times.

Citizens and eligible nationals of participating Visa Waiver Program countries may apply for admission to the United States at U.S. ports of entry as nonimmigrant aliens for a period of ninety days or less for business or pleasure without first obtaining a nonimmigrant visa, provided that they are otherwise eligible for admission under applicable statutory and regulatory requirements. On March 4, 2010, the Secretary of Homeland Security, in consultation with the Secretary of State, designated Greece as a country that is eligible to participate in the Visa Waiver Program. Accordingly, this rule updates the list of countries authorized to participate in the Visa Waiver Program by adding Greece.

The Coast Guard is changing the regulations that govern the operation of the U.S. Highway 101 bascule bridge across the Chehalis River, mile 0.1, at Aberdeen, Washington. At least one-hour notice by telephone will be required at all times for draw openings. The change is necessary to allow the bridge owner to reduce the staffing requirements of the bridge in light of the infrequent openings requested for the bridge.

The Coast Guard is changing the drawbridge operation regulation for the Coos Bay Railroad Bridge, Coos Bay, mile 9.0, at North Bend, Oregon to delete the requirement for special sound signals used in foggy weather and to change the name of the owner. The change is necessary to make the sound signals used at the bridge consistent with other bridges in the area and to eliminate the unnecessary special sound signals.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the Tucson shovel-nosed snake (Chionactis occipitalis klauberi) as threatened or endangered with critical habitat under the Endangered Species Act of 1973, as amended (Act). After review of the best scientific and commercial information available, we find that listing the Tucson shovel-nosed snake as threatened or endangered throughout its range is warranted. Currently, however, listing the Tucson shovel-nosed snake is precluded by higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. Upon publication of this 12-month petition finding, we will add the Tucson shovel-nosed snake to our candidate species list. We will develop a proposed rule to list the Tucson shovel-nosed snake as our priorities allow. We will make any determination on critical habitat during development of the proposed rule.

The Food and Drug Administration (FDA) is removing portions of a regulation that required sponsors to submit data regarding the subtherapeutic use of certain antibiotic, nitrofuran, and sulfonamide drugs administered in animal feed as these regulations have been determined to be obsolete or redundant. The portions of the regulation being removed are provisions listing certain feed use combinations for oxytetracycline and neomycin in the tables contained in that regulation. This rule does not finalize the provisions of the proposed rule regarding removing the remainder of the regulation.

In this final action, EPA is issuing a stay for 18 months of the inclusion of fugitive emissions requirements in the federal Prevention of Significant Deterioration (PSD) program published in the Federal Register on December 19, 2008, in the final rule entitled, ``Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration of Fugitive Emissions'' (``Fugitive Emissions Rule''). The Fugitive Emissions Rule under the federal PSD program requires that fugitive emissions be included in determining whether a physical or operational change results in a major modification only for sources in industries that have been designated through rulemaking under section 302(j) of the Clean Air Act (Act or CAA). The existing stay is in effect for 3 months; that is, from December 31, 2009 until March 31, 2010. This action puts in place an additional stay for 18 months, which we believe will allow for sufficient time for EPA to propose, take public comment on, and issue a final action concerning the inclusion of fugitive emissions in the federal PSD program.

The Environmental Protection Agency is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of North Dakota on April 6, 2009. Specifically, EPA is proposing approval of revisions to the North Dakota air pollution control rules regarding prevention of significant deterioration of air quality, and partial approval of the SIP revision ``Interstate Transport of Air Pollution''

EPA is amending 40 CFR 180.560 to add a reference to the active ingredient flucarbazone-sodium (wheat only) to the tolerance for the inert ingredient cloquintocet-mexyl (acetic acid [(5-chloro-8- quinolinyl) oxy]-, 1-methylhexyl ester; CAS Reg. No. 99607-70-2) and its acid metabolite (5-chloro-8-quinolinoxyacetic acid) on wheat forage, wheat grain, wheat hay, and wheat straw. Arysta LifeScience North America, LLC requested this tolerance amendment under the Federal Food, Drug, and Cosmetic Act (FFDCA).

Pursuant to a statutory mandate in the Cameron Gulbransen Kids Transportation Safety Act of 2007, NHTSA is placing a requirement in Federal Motor Vehicle Safety Standard No. 114 that certain motor vehicles with an automatic transmission that includes a ``park'' position manufactured for sale on or after September 1, 2010 be equipped with a brake transmission shift interlock (BTSI). This interlock must necessitate that the service brake pedal be depressed before the transmission can be shifted out of ``park,'' and must function in any starting system key position. The BTSI requirement adopted by this final rule is identical in substance to the Congressional requirement.

The Food and Drug Administration (FDA) is proposing to amend the biologics regulations to permit the Director of the Center for Biologics Evaluation and Research (CBER) or the Director of the Center for Drug Evaluation and Research (CDER), as appropriate, to approve exceptions or alternatives to the regulation for constituent materials. FDA is taking this action due to advances in developing and manufacturing safe, pure, and potent biological products licensed under a section of the Public Health Service Act (the PHS Act) that, in some instances, render the existing constituent materials regulation too prescriptive and unnecessarily restrictive. This rule provides manufacturers of licensed biological products with flexibility, as appropriate, to employ advances in science and technology as they become available, without diminishing public health protections.

We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed 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: Investigation of an uncommanded in-flight shutdown (IFSD) revealed that a third stage turbine wheel rupture was not contained by the turbine casings. The released portion consisted of a turbine blade together with the rim piece immediately below the blade. The rim piece was bounded by two adjacent axial slots and a fatigue crack that had developed between the holes in which the slots terminate. The slots and holes, which are closed by riveted plugs, were introduced by modification AB 173 in order to improve the vibration characteristics of the turbine wheel. Modification AB 208 brings an improvement to modification AB 173 by changing only the riveting detail. SN 283 72 0805 provides instructions for re-boring the holes at overhaul or repair in order to improve their surface condition. A manufacturing process modification has been introduced to improve the surface condition of these holes in third stage turbine wheels. Wheels subject to the improved manufacturing process have S/Ns outside the range specified in Table 1. Although there is only one known event, and although it resulted only in an uncommanded IFSD, with no damage to the aircraft, the possibility exists that additional events may occur, potentially involving damage to the aircraft.

The FAA is correcting a final rule published on February 1, 2010. In that rule, the FAA amended its regulations for sport pilots

We propose to supersede Airworthiness Directive (AD) 2009-24- 13, which applies to certain Cessna Aircraft Company (Cessna) Model 525A airplanes. AD 2009-24-13 currently requires you to repetitively inspect the thrust attenuator paddle assemblies for loose and damaged fasteners and for cracks. AD 2009-24-13 also requires you to replace loose or damaged fasteners and replace cracked thrust attenuator paddles found during any inspection. Since we issued AD 2009-24-13, Cessna has developed new design thrust attenuator paddles and universal head rivets as terminating action for the repetitive inspections. Consequently, this proposed AD would retain the requirements of AD 2009-24-13 until replacement of both thrust attenuator paddles and the eight countersunk fasteners with new design thrust attenuator paddles and universal head rivets. We are proposing this AD to detect and correct loose and damaged fasteners and cracks in the thrust attenuator paddles, which could result in in-flight departure of the thrust attenuator paddles. This failure could lead to rudder and elevator damage and result in loss of control.

This rule makes administrative corrections to a final rule published in the Federal Register on October 8, 2009, entitled ``Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Vendor Cost Containment.''

The Corporation for National and Community Service (the Corporation) is correcting a proposed rule to implement changes to the operation of the National Service Trust and the Senior Corps programs under the Serve America Act, that appeared in the Federal Register of February 23, 2010 (75 FR 8013). That document incorrectly amended 45 CFR 2527.10(c) by removing current paragraph (c)(2). Additionally, there were two misstatements in the preamble. First, in an example to illustrate the limitation on the value of education awards an individual may receive, the preamble stated that a person who had previously earned the aggregate value of 1.71 awards could enroll in a quarter-time, minimum-time, reduced part-time, or Silver Scholar position. The inclusion of reduced part-time as an option in this example was in error. Second, the preamble incorrectly described the hardship waiver for Senior Companion and Foster Grandparent programs in the preamble. This document corrects the interim final rule by revising the preamble language providing an example of the aggregate value of education awards and the language describing the hardship waiver for Senior Companion and Foster Grandparent programs and by revising the instructions for 45 CFR 2527.10.

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 m) length overall (LOA) using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2010 Pacific cod total allowable catch allocated to catcher vessels less than 60 feet LOA using hook-and-line or pot gear in the BSAI.

The Commodity Futures Trading Commission (``CFTC'' or ``Commission'') is proposing to amend its regulations governing delegations of authority to disclose confidential information to permit CFTC staff to provide confidential information to ``registered entities,'' including exempt commercial markets offering significant price discovery contracts, and to require that registered entities update their lists of confidential data recipients on an annual basis. The Commission's proposal would also clarify that confidential information provided by the Commission to registered entities may only be used for market surveillance, audit, investigative or rule enforcement purposes and would remove the requirement that disclosures of confidential information to foreign government agencies and foreign futures authorities require the concurrence of the Commission's Division of Enforcement. Finally, the proposal would make certain other technical and conforming amendments to the Commission's rules.

EPA is proposing to approve severable portions of two revisions to the Texas State Implementation Plan (SIP) submitted by the State of Texas on October 24, 2006, and August 16, 2007. These revisions amend existing sections and create a new section in Title 30 of the Texas Administrative Code (TAC), Chapter 101General Air Quality Rules, Subchapter HEmissions Banking and Trading, Division 1Emission Credit Banking and Trading, referred to elsewhere in this notice as the Emission Reduction Credit (ERC) Program. The October 24, 2006, submittal creates a new section for international emission reduction provisions and amends existing sections to further clarify procedures for using emission protocols and to update the approved list of emission credit uses. The August 16, 2007, submittal amends two sections of the ERC program to update cross-references to recently recodified 30 TAC Chapter 117 provisions. EPA has determined that these SIP revisions comply with the Clean Air Act and EPA regulations, are consistent with EPA policies, and will improve air quality. This action is being taken under section 110 and parts C and D of the Federal Clean Air Act (the Act or CAA).