38326 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Rules and Regulations 

before April 21, 2009. No comments 

were received. Therefore, for the reasons 

given in the interim final rule, we are 

adopting the interim final rule as a final 

rule, without change. 

To view the interim final rule, go to 

http://www.regulations.gov/fdmspublic/ 

component/ 

main?main=DocketDetail&d=AMS-FV08-0105. 

This action also affirms information 

contained in the interim final rule 

concerning Executive Orders 12866 and 

12988, the Paperwork Reduction Act (44 

U.S.C. Chapter 35), and the E-Gov Act 

(44 U.S.C. 101). 

After consideration of all relevant 

material presented, it is found that 

finalizing the interim final rule, without 

change, as published in the Federal 

Register (74 FR 7782, February 20, 

2009) will tend to effectuate the 

declared policy of the Act. 

List of Subjects in 7 CFR Part 932 

Marketing agreements, Olives, 

Reporting and recordkeeping 

requirements. 

PART 932—OLIVES GROWN IN 

CALIFORNIA—[AMENDED] 

■ Accordingly, the interim final rule 

that amended 7 CFR part 932 and that 

was published at 74 FR 7782 on 

February 20, 2009, is adopted as final 

rule, without change. 

Dated: July 28, 2009. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E9–18415 Filed 7–31–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 145 

[Docket No. APHIS–2007–0042] 

RIN 0579–AC78 

National Poultry Improvement Plan and 

Auxiliary Provisions; Technical 

Amendment 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: In a final rule that was 

published in the Federal Register on 

April 1, 2009 (74 FR 14710–14719, 

Docket No. APHIS–2007–0042), and 

effective on May 1, 2009, we amended 

the National Poultry Improvement Plan 

(the Plan) and its auxiliary provisions 

by providing new or modified sampling 

and testing procedures for Plan 

participants and participating flocks. In 

that final rule, we amended the U.S. 

Avian Influenza Clean program for 

multiplier meat-type chicken breeding 

flocks to require that 15 birds be tested 

to retain the classification, rather than 

30. However, our amendatory 

instruction accomplishing this change 

also amended the program to require 

multiplier spent fowl to be tested within 

15 days prior to movement to slaughter, 

rather than 30 days. We had intended to 

retain the 30-day requirement. This 

document corrects that error. 

DATES: Effective Date: August 3, 2009. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Andrew R. Rhorer, Senior Coordinator, 

Poultry Improvement Staff, National 

Poultry Improvement Plan, Veterinary 

Services, APHIS, USDA, 1498 Klondike 

Road, Suite 101, Conyers, GA 30094– 

5104; (770) 922–3496. 

SUPPLEMENTARY INFORMATION: 

Background 

In a final rule that was published in 

the Federal Register on April 1, 2009 

(74 FR 14710–14719, Docket No. 

APHIS–2007–0042), and effective on 

May 1, 2009, we amended the National 

Poultry Improvement Plan (the Plan) 

and its auxiliary provisions by 

providing new or modified sampling 

and testing procedures for Plan 

participants and participating flocks. 

The regulations in 9 CFR parts 145, 146, 

and 147 contain the provisions of the 

Plan. 

We amended the U.S. Avian Influenza 

Clean program for multiplier meat-type 

chicken breeding flocks in § 145.33(l) by 

reducing the sample of birds required to 

be tested from 30 to 15 and reducing the 

interval at which the sample must be 

tested from 180 to 90 days. As the 30- 

bird sample is referred to 4 times in 

paragraph (l), the amendatory 

instruction to accomplish this change 

indicated that the numeral ‘‘30’’ should 

be replaced each time it occurred in 

paragraph (l) with the numeral ‘‘15.’’ 

However, paragraph (l)(2)(i) of § 145.33 

also contained a requirement that 

multiplier spent fowl be tested within 

30 days prior to movement to slaughter. 

Thus, our amendatory instruction 

inadvertently changed that requirement 

to require testing of multiplier spent 

fowl 15 days prior to slaughter. We had 

intended to retain the 30-day 

requirement. This document corrects 

that error. 

List of Subjects in 9 CFR Part 145 

Animal diseases, Poultry and poultry 

products, Reporting and recordkeeping 

requirements. 

■ Accordingly, we are amending 9 CFR 

part 145 as follows: 

PART 145—NATIONAL POULTRY 

IMPROVEMENT PLAN FOR BREEDING 

POULTRY 

■ 1. The authority citation for part 145 

continues to read as follows: 

Authority: 7 U.S.C. 8301–8317; 7 CFR 

2.22, 2.80, and 371.4. 

§ 145.33 [Amended] 

■ 2. In § 145.33, paragraph (l)(2)(i) is 

amended by removing the words ‘‘15 

days’’ and adding the words ‘‘30 days’’ 

in their place. 

Done in Washington, DC, this 27th day of 

July 2009. 

William H. Clay, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–18485 Filed 7–31–09; 8:45 am] 

BILLING CODE 3410–34–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 26 

[NRC–2002–0002] 

RIN 3150–AF12 

Fitness for Duty Programs 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: This document corrects a 

final rule appearing in the Federal 

Register on March 31, 2008 (73 FR 

16965), that amended the Nuclear 

Regulatory Commission’s (NRC’s) 

regulations that govern fitness for duty 

programs. This document is necessary 

to correct erroneous language in the 

preamble and codified language of the 

final rule. These corrections include 

fixing typographical errors and crossreferences, revising language in the 

preamble to clarify unintended 

discrepancies with the codified rule 

text, and making non-substantive 

changes to the rule text that do not 

modify any requirements in the final 

rule. 

DATES: The correction is effective 

August 3, 2009, and is retroactively 

applicable to March 31, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Lynn Hall, Office of Nuclear Reactor 


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Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Rules and Regulations 38327 

Regulation, U.S. Nuclear Regulatory 

Commission, telephone 301–415–3759, 

e-mail: Lynn.Hall@nrc.gov. 

ADDRESSES: Documents related to this 

correction can be publicly accessed 

using the following methods: 

Federal e-Rulemaking Portal: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

[NRC–2002–0002]. Address questions 

about NRC dockets to Carol Gallagher 

301–492–3668; e-mail: 

Carol.Gallagher@nrc.gov. 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied for a fee publicly available 

documents at the NRC’s PDR, Public 

File Area O F21, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland 20852. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC are available 

electronically at the NRC’s electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this page, 

the public can gain entry into ADAMS, 

which provides text and image files of 

NRC’s public documents. If you do not 

have access to ADAMS or if there are 

problems in accessing the documents 

located in ADAMS, contact the NRC’s 

PDR reference staff at 1–899–397–4209, 

301–415–4737, or by e-mail: 

pdr.resource@nrc.gov. 

SUPPLEMENTARY INFORMATION: This 

document corrects erroneous language 

to the preamble and codified language 

of the Part 26 final rule published on 

March 31, 2008 (73 FR 16965). Also, as 

published, the final regulations contain 

errors which may prove to be 

misleading and need to be clarified. The 

following corrects the preamble to the 

March 31, 2008 document. 

1. On page 16972, third column, in 

the second paragraph, the second 

sentence is corrected to read as follows: 

The final rule introduces the concept 

of ‘‘authorization’’ to Part 26 to refer to 

the status of an individual who the 

licensee or other entity has determined 

can be trusted to avoid substance abuse, 

and, therefore, may be permitted to have 

the types of access or perform the duties 

described in § 26.4 [FFD program 

applicability to categories of 

individuals], as a result of the process 

described in this subpart. 

2. On page 16983, first column, in the 

third complete paragraph, the second 

sentence is corrected to read as follows: 

Surveys and expert panels have 

suggested that tolerance for overtime is 

generally limited to 300–400 hours of 

overtime per year (ADAMS Accession 

No. ML090850025); (NUREG/CR–4248). 

3. On page 17002, third column, in 

the second complete paragraph, the first 

sentence is corrected to read as follows: 

Section 26.4(g) of the final rule 

amends the proposed rule to clarify the 

requirements that the FFD program 

personnel specified in this paragraph 

must meet. 

4. On page 17007, first column, the 

complete sentence beginning on line 15 

is corrected to read as follows: 

The definition explicitly states the 

criterion that the term ‘‘directing’’ refers 

to an individual who is ‘‘directly 

involved in the execution of the work 

activity’’ and either ‘‘is ultimately 

responsible for the correct performance 

of that work activity’’ as opposed to, for 

example, the planning, development or 

scheduling of the activity, or whose 

technical input does not receive 

‘‘subsequent technical review.’’ 

5. On page 17030, third column, in 

the first complete paragraph, the first 

sentence is corrected to read as follows: 

The NRC has added § 26.41(d)(2) to 

ensure that licensees’ and other entities’ 

contracts with C/Vs and HHS-certified 

laboratories permit the licensee or other 

entity to obtain copies of and take away 

any documents that auditors may need 

to assure that the C/V, its 

subcontractors, or the HHS-certified 

laboratory are performing their 

functions properly and that staff and 

procedures meet applicable 

requirements. 

6. On page 17086, third column, in 

the second complete paragraph, the first 

sentence is corrected to read as follows: 

Section 26.137(d)(5) requires that one 

of the quality control samples included 

in each analytical run must appear to be 

a donor specimen to licensee testing 

facility technicians. 

7. On page 17088, second column, in 

the second complete paragraph, the 

fourth sentence is corrected to read as 

follows: 

Section 26.137(e)(6)(v) requires that 

one sample must appear to be a donor 

sample to the licensee testing facility 

technicians. 

8. On page 17092, first column, in the 

second complete paragraph, the third 

sentence is corrected to read as follows: 

The cross-reference to former § 26.29 

has been updated to reference § 26.37 in 

the final rule. 

9. On page 17117, first column, in the 

second complete paragraph, the third 

sentence is corrected to read as follows: 

Therefore, § 26.189(a)(1) through 

(a)(5) provides examples of the 

healthcare professionals who are 

qualified to address various fitness 

issues that may arise in an FFD 

program. 

10. On page 17138, first column, the 

third complete sentence beginning on 

line 15 is corrected to read as follows: 

If at any time during a unit outage an 

individual performs duties specified in 

§ 26.4(a)(1) through (a)(4) on or for a 

unit that is not disconnected from the 

electrical grid, the individual is subject 

to the minimum day off requirements of 

§ 26.205(d)(3) while the individual is 

performing those duties. 

List of Subjects in 10 CFR Part 26 

Alcohol abuse, Alcohol testing, 

Appeals, Chemical testing, Drug abuse, 

Drug testing, Employee assistance 

programs, Fitness for duty, Management 

actions, Nuclear power reactors, 

Protection of information, Reporting and 

recordkeeping requirements. 

■ For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 

as amended; and 5 U.S.C. 552 and 553; 

the NRC is adopting the following 

amendments to 10 CFR part 26. 

PART 26—FITNESS FOR DUTY 

PROGRAMS 

■ 1. The authority citation for part 26 

continues to read as follows: 

Authority: Secs. 53, 81, 103, 104, 107, 161, 

68 Stat. 930, 935, 936, 937, 948, as amended, 

sec. 1701, 106 Stat. 2951, 2952, 2953 (42 

U.S.C. 2073, 2111, 2112, 2133, 2134, 2137, 

2201, 2297f); secs. 201, 202, 206, 88 Stat. 

1242, 1244, 1246, as amended (42 U.S.C. 

5841, 5842, 5846). 

■ 2. In § 26.31, paragraphs (c)(4), (c)(5), 

and (d)(1) introductory text are revised 

to read as follows: 

§ 26.31 Drug and alcohol testing. 

* * * * * 

(c) * * * 

(4) Follow-up. As part of a follow-up 

plan to verify an individual’s continued 

abstinence from substance abuse; and 

(5) Random. On a statistically random 

and unannounced basis, so that all 

individuals in the population subject to 

testing have an equal probability of 

being selected and tested. 

(d) General requirements for drug and 

alcohol testing—(1) Substances tested. 

At a minimum, licensees and other 

entities shall test for marijuana 

metabolite, cocaine metabolite, opiates 

(codeine, morphine, 6-acetylmorphine), 

amphetamines (amphetamine, 

methamphetamine), phencyclidine, 

adulterants, and alcohol. 

* * * * * 

■ 3. In § 26.41, paragraph (d)(1) is 

revised to read as follows: 


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38328 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Rules and Regulations 

1This accident and an Empressa Brasilia accident 

resulted in NTSB recommendations nos. A–96–56 

and A–98–91. This final rule partially addresses 

these safety recommendations. 

2FAA Inflight Aircraft Icing Plan, dated April 

1997, available in the Docket. 

3Published in the Federal Register, December 8, 

1997 (62 FR 64621). 

§ 26.41 Audits and corrective action. 

* * * * * 

(d) * * * 

(1) The contracts of licensees and 

other entities with C/Vs and HHScertified laboratories must reserve the 

right to audit the C/V, the C/V’s 

subcontractors providing FFD program 

services, and the HHS-certified 

laboratories at any time, including at 

unannounced times, as well as to review 

all information and documentation that 

is reasonably relevant to the audits. 

* * * * * 

■ 4. In § 26.69, paragraphs (c)(3) and 

(d)(2) are revised to read as follows: 

§ 26.69 Authorization with potentially 

disqualifying fitness-for-duty information. 

* * * * * 

(c) * * * 

(3) If the designated reviewing official 

determines that a determination of 

fitness is required, verify that a 

professional with the appropriate 

qualifications, as specified in 

§ 26.189(a), has indicated that the 

individual is fit to safely and 

competently perform his or her duties; 

* * * * * 

(d) * * * 

(2) If the designated reviewing official 

concludes that a determination of 

fitness is required, verify that a 

professional with the appropriate 

qualifications, as specified in 

§ 26.189(a), has indicated that the 

individual is fit to safely and 

competently perform his or her duties; 

and 

* * * * * 

■ 5. In § 26.137, paragraphs (d)(2)(i), 

(d)(5), and (e)(6)(v) are revised to read 

as follows: 

§ 26.137 Quality assurance and quality 

control. 

* * * * * 

(d) * * * 

(2) * * * 

(i) Colorimetric pH tests must have a 

dynamic range of 2 to 12 and pH meters 

must be capable of measuring pH to one 

decimal place. 

* * * * * 

(5) Each analytical run performed to 

conduct initial validity testing shall 

include at least one quality control 

sample that appears to be a donor 

specimen to the licensee testing facility 

technicians. 

* * * * * 

(e) * * * 

(6) * * * 

(v) At least one positive control, 

certified to be positive by an HHScertified laboratory, which appears to be 

a donor specimen to the licensee testing 

facility technicians. 

* * * * * 

■ 6. In § 26.153, paragraph (f)(3) is 

revised to read as follows: 

§ 26.153 Using certified laboratories for 

testing urine specimens. 

* * * * * 

(f) * * * 

(3) The laboratory shall maintain test 

records in confidence, consistent with 

the requirements of § 26.37, and use 

them with the highest regard for 

individual privacy. 

* * * * * 

Dated at Rockville, Maryland, this 27th day 

of July 2009. 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. E9–18364 Filed 7–31–09; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No.: FAA–2007–27654; Amendment 

No. 25–129] 

RIN 2120–AI90 

Activation of Ice Protection 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The Federal Aviation 

Administration amends the 

airworthiness standards applicable to 

transport category airplanes certificated 

for flight in icing conditions. The rule 

requires a means to ensure timely 

activation of the airframe ice protection 

system. This rule is the result of 

information gathered from a review of 

icing accidents and incidents, and will 

improve the level of safety for new 

airplane designs for operations in icing 

conditions. 

DATES: This amendment becomes 

effective September 2, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this final 

rule contact Kathi Ishimaru, FAA, 

Propulsion and Mechanical Systems 

Branch, ANM–112, Transport Airplane 

Directorate, Aircraft Certification 

Service, 1601 Lind Ave., SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2674; fax: (425) 227–1320, email: kathi.ishimaru@faa.gov. For legal 

questions concerning this final rule 

contact Douglas Anderson, FAA, Office 

of Regional Counsel, Federal Aviation 

Administration, 1601 Lind Ave., SW., 

Renton, Washington 98057–3356; 

telephone (425) 227–2166; fax: (425) 

227–1007, e-mail: 

Douglas.Anderson@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules on 

aviation safety is found in Title 49 of the 

United States Code. Subtitle I, Section 

106 describes the authority of the FAA 

Administrator. Subtitle VII, Aviation 

Programs, describes in more detail the 

scope of the agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701, ‘‘General requirements.’’ Under 

that section, the FAA is charged with 

promoting safe flight of civil aircraft in 

air commerce by prescribing minimum 

standards required in the interest of 

safety for the design and performance of 

aircraft. This regulation is within the 

scope of that authority because it 

prescribes new safety standards for the 

design of transport category airplanes. 

I. Background 

On October 31, 1994, an accident 

involving an Avions de Transport 

Regional ATR 72 series airplane 

occurred in icing conditions.1 This 

prompted the FAA to initiate a review 

of aircraft inflight icing safety and 

determine changes that could be made 

to increase the level of safety. In May 

1996, the FAA sponsored the 

International Conference on Aircraft 

Inflight Icing where icing specialists 

recommended improvements to increase 

the level of safety of aircraft operating 

in icing conditions. The FAA reviewed 

the conference recommendations and 

developed a comprehensive multi-year 

icing plan. The FAA Inflight Aircraft 

Icing Plan (Icing Plan), dated April 

1997,2 described various activities the 

FAA was contemplating to improve 

safety when operating in icing 

conditions. In accordance with the Icing 

Plan, the FAA tasked the Aviation 

Rulemaking Advisory Committee 

(ARAC),3 through its Ice Protection 

Harmonization Working Group, to 

consider the need for ice detectors or 

other acceptable means to warn 

flightcrews of ice accretion on critical 

surfaces requiring crew action. This rule 


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