45544 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 

definitions of ‘‘native sod’’ and ‘‘Prairie 

Pothole National Priority Area;’’ 

■ b. Amend section 9 by revising 

paragraph (e); and 

■ c. Revise section 14(c) (Your Duties). 

The revised and added text reads as 

follows: 

§ 457.8 The application and policy. 

1. Definitions. 

* * * * * 

Native sod. Acreage that has no record 

of being tilled (determined in 

accordance with FSA or other verifiable 

records acceptable to us) for the 

production of an annual crop on or 

before May 22, 2008, and on which the 

plant cover is composed principally of 

native grasses, grass-like plants, forbs, or 

shrubs suitable for grazing and 

browsing. 

* * * * * 

Prairie Pothole National Priority Area. 

Consists of specific counties within the 

States of Iowa, Minnesota, Montana, 

North Dakota or South Dakota as 

specified on the RMA Web site at http://

www.rma.usda.gov/, or a successor Web 

site, or the Farm Service Agency, 

Agricultural Resource Conservation 

Program 2–CRP (Revision 4), dated 

April 28, 2008, or a subsequent 

publication. 

* * * * * 

Tilled. The termination of existing 

plants by plowing, disking, burning, 

application of chemicals, or by other 

means to prepare acreage for the 

production of an annual crop. 

* * * * * 

9. Insurable Acreage. 

* * * * * 

(e) Notwithstanding the provisions in 

section 9(a)(1), if the Governor of a State 

designated within the Prairie Pothole 

National Priority Area elects to make 

section 508(o) of the Act effective for the 

State, any native sod acreage greater 

than five acres located in a county 

contained within the Prairie Pothole 

National Priority Area that has been 

tilled after May 22, 2008, is not 

insurable for the first five crop years of 

planting following the date the native 

sod acreage is tilled. 

(1) If the Governor makes this election 

after you have received an indemnity or 

other payment for native sod acreage, 

you will be required to repay the 

amount received and any premium for 

such acreage will be refunded to you. 

(2) If we determine you have tilled 

less than five acres of native sod a year 

for more than one crop year, we will 

add all the native sod acreage tilled after 

May 22, 2008, and all such acreage will 

be ineligible for insurance for the first 

five crop years of planting following the 

date the cumulative native sod acreage 

tilled exceeds five acres. 

* * * * * 

14. Duties in the Event of Damage, 

Loss, Abandonment, Destruction, or 

Alternative Use of Crop or Acreage. 

Your Duties— 

* * * * * 

(c) In addition to complying with the 

notice requirements, you must submit a 

claim for indemnity declaring the 

amount of your loss: 

(1) Not later than 60 days after the end 

of the insurance period unless, prior to 

the end of the 60 day period, you: 

(i) Request an extension in writing 

and we agree to such request 

(Extensions will only be granted if the 

amount of loss cannot be determined 

within such time period because the 

information needed to determine the 

amount of the loss is not available); or 

(ii) Have harvested farm-stored grain 

production and elect, in writing, to 

delay measurement of your farm-stored 

production and settlement of any 

potential associated claim for indemnity 

(Extensions will be granted for this 

purpose up to 180 days after the end of 

the insurance period). 

(A) For policies that require APH, if 

such extension continues beyond the 

date you are required to submit your 

production report, you will be assigned 

the previous year’s approved yield as a 

temporary yield in accordance with 

applicable procedures. 

(B) Any extension does not extend 

any date specified in the policy by 

which premiums, administrative fees, or 

other debts owed must be paid. 

(C) Damage that occurs after the end 

of the insurance period (for example, 

while the harvested crop production is 

in storage) is not covered; and 

(2) That includes all information we 

require to settle the claim. Failure to 

submit a claim or provide the required 

information will result in no indemnity, 

prevented planting payment or replant 

payment (even though no indemnity or 

other payment is due, you will still be 

required to pay the premium due under 

the policy for the unit). 

* * * * * 

Signed in Washington, DC, on August 28, 

2009. 

William J. Murphy, 

Manager, Federal Crop Insurance 

Corporation. 

[FR Doc. E9–21233 Filed 9–2–09; 8:45 am] 

BILLING CODE 3410–08–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 55 and 76 

RIN 3150–AI69 

[NRC–2009–0242] 

Administrative Changes 

AGENCY: Nuclear Regulatory 

Commission (NRC). 

ACTION: Final rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is making 

administrative changes to its regulations 

to correct errors published in recent 

rulemaking documents. This final rule 

clarifies the term ‘‘Under the Influence’’ 

and corrects erroneous citations and 

typographical errors. This document is 

necessary to inform the public of these 

changes. 

DATES: Effective date is October 5, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Lynn Hall, Office of Nuclear Reactor 

Regulation, U.S. Nuclear Regulatory 

Commission, telephone 301–415–3759, 

e-mail Lynn.Hall@nrc.gov. 

ADDRESSES: You can access publicly 

available documents related to this 

document using the following methods: 

Federal e-Rulemaking Portal: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

[NRC–2009–0242]. 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 O1 F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

Maryland. 

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 to 

pdr.resource@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 31, 2008, (73 FR 16965), 

the NRC published a final rule 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 45545 

amending its Fitness-for-Duty programs 

to update the fitness-for-duty 

requirements and enhance consistency 

with advances in other relevant Federal 

rules and guidelines including the U.S. 

Department of Health and Human 

Services Mandatory Guidelines for 

Federal Workplace Drug Testing 

Programs, and other Federal drug and 

alcohol testing programs that impose 

similar requirements on the private 

sector. The March 2008 rule amended 

portions of former § 26.2 and moved 

them into new § 26.4. This final rule 

corrects a cross-reference to § 26.2(a)(1) 

through (5), as stated in § 76.60(f), to 

read § 26.4(d)(1) through (5). 

Furthermore, this document clarifies 

the term ‘‘Under the Influence,’’ as 

stated in § 55.53(j), by stating that the 

licensee exceeded, as evidenced by a 

confirmed test result, the lower of the 

cutoff levels of drugs or alcohol 

contained in 10 CFR Part 26. The 

reference to appendix A of Part 26 has 

been removed from § 55.53(f) because 

the March 2008, Final rule eliminated 

appendix A from Part 26. 

Rulemaking Procedure 

Because this amendment constitutes a 

minor administrative change to the 

regulations, the notice and comment 

provisions of the Administrative 

Procedure Act do not apply under 5 

U.S.C. 553(b)(B). 

Environmental Impact: Categorical 

Exclusion 

The NRC has determined that this 

final rule is the type of action described 

in categorical exclusion 10 CFR 

51.22(c)(2). Therefore, neither an 

environmental impact statement nor an 

environmental assessment has been 

prepared for this rule. 

Paperwork Reduction Act Statement 

This final rule does not contain 

information collection requirements 

and, therefore, is not subject to the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a request for information or an 

information collection requirement 

unless the requesting document 

displays a currently valid Office of 

Management and Budget (OMB) control 

number. 

Backfit Analysis 

The NRC has determined that the 

backfit rule does not apply to this final 

rule; therefore, a backfit analysis is not 

required for this final rule because these 

amendments are administrative in 

nature and do not involve any 

provisions that would impose backfits 

as defined in 10 CFR Chapter I. 

Congressional Review Act 

In accordance with the Congressional 

Review Act of 1996, the NRC has 

determined that this action is not a 

major rule and has verified this 

determination with the Office of 

Information and Regulatory Affairs of 

OMB. 

List of Subjects 

10 CFR Part 55 

Criminal penalties, Manpower 

training programs, Nuclear power plants 

and reactors, Reporting and 

recordkeeping requirements. 

10 CFR Part 76 

Certification, Criminal penalties, 

Radiation protection, Reporting and 

recordkeeping requirements, Security 

measures, Special nuclear material, 

Uranium enrichment by gaseous 

diffusion. 

■ 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 5 

U.S.C. 553, the NRC is adopting the 

following amendments to 10 CFR Parts 

55 and 76. 

PART 55—OPERATORS’ LICENSES 

■ 1. The authority citation for part 55 

continues to read as follows: 

Authority: Secs. 107, 161, 182, 68 Stat. 

939, 948, 953, as amended, sec. 234, 83 Stat. 

444, as amended (42 U.S.C. 2137, 2201, 2232, 

2282); secs. 201, as amended, 202, 88 Stat. 

1242, as amended, 1244 (42 U.S.C. 5841, 

5842); sec. 1704, 112 Stat. 2750 (44 U.S.C. 

3504 note). Sections 55.41, 55.43, 55.45, and 

55.59 also issued under sec. 306, Pub. L. 97– 

425, 96 Stat. 2262 (42 U.S.C. 10226). Section 

55.61 also issued under secs. 186, 187, 68 

Stat. 955 (42 U.S.C. 2236, 2237). 

■ 2. In § 55.53, paragraph (j) is revised 

to read as follows: 

§ 55.53 Conditions of licenses. 

* * * * * 

(j) The licensee shall not consume or 

ingest alcoholic beverages within the 

protected area of power reactors, or the 

controlled access area of non-power 

reactors. The licensee shall not use, 

possess, or sell any illegal drugs. The 

licensee shall not perform activities 

authorized by a license issued under 

this part while under the influence of 

alcohol or any prescription, over-thecounter, or illegal substance that could 

adversely affect his or her ability to 

safely and competently perform his or 

her licensed duties. For the purpose of 

this paragraph, with respect to alcoholic 

beverages and drugs, the term ‘‘under 

the influence’’ means the licensee 

exceeded, as evidenced by a confirmed 

test result, the lower of the cutoff levels 

for drugs or alcohol contained in 10 CFR 

Part 26, or as established by the facility 

licensee. The term ‘‘under the 

influence’’ also means the licensee 

could be mentally or physically 

impaired as a result of substance use 

including prescription and over-thecounter drugs, as determined under the 

provisions, policies, and procedures 

established by the facility licensee for 

its fitness-for-duty program, in such a 

manner as to adversely affect his or her 

ability to safely and competently 

perform licensed duties. 

* * * * * 

PART 76—CERTIFICATION OF 

GASEOUS DIFFUSION PLANTS 

■ 3. The authority citation for part 76 

continues to read as follows: 

Authority: Sec. 161, 68 Stat. 948, as 

amended, secs. 1312, 1701, as amended, 106 

Stat. 2932, 2951, 2952, 2953, 110 Stat. 1321– 

349 (42 U.S.C. 2201, 2297b–11, 2297f); secs. 

201, as amended, 204, 206, 88 Stat. 1244, 

1245, 1246 (42 U.S.C. 5841, 5842, 5845, 

5846). Sec. 234(a), 83 Stat. 444, as amended 

by Pub. L. 104–134, 110 Stat. 1321, 1321–349 

(42 U.S.C. 2243(a)); sec. 1704, 112 Stat. 2750 

(44 U.S.C. 3504 note): Energy Policy Act of 

2005, Pub. L. No. 109–58, 119 Stat. 2951, as 

amended. 

Section 76.7 is also issued under Pub. L. 

95–601, sec. 10, 92 Stat. 2951 as amended by 

Pub. L. 102–486, sec. 2902, 106 Stat. 3123 (42 

U.S.C. 5851). Section 76.22 is also issued 

under sec. 193(f), as amended, 104 Stat. 2835, 

as amended by Pub. L. 104–134, 110 Stat. 

1321, 1321–349 (42 U.S.C. 2243(f)). Section 

76.35(j) also issued under sec. 122, 68 Stat. 

939 (42 U.S.C. 2152). 

■ 4. In § 76.60, paragraph (f) is revised 

to read as follows: 

§ 76.60 Regulatory requirements which 

apply. 

* * * * * 

(f) The Corporation shall comply with 

the applicable provisions of 10 CFR Part 

26, ‘‘Fitness-for-Duty Programs.’’ The 

requirements of this section apply only 

if the Corporation elects to engage in 

activities involving formula quantities 

of strategic special nuclear material. 

When applicable, the requirements 

apply only to the Corporation and 

personnel carrying out the activities 

specified in § 26.4(d)(1) through (5), of 

this chapter. 

* * * * * 

Dated at Rockville, Maryland, this 11th day 

of August 2009. 


jlentini on DSKJ8SOYB1PROD with RULES
45546 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 

For the Nuclear Regulatory Commission. 

R.W. Borchardt, 

Executive Director for Operations. 

[FR Doc. E9–21230 Filed 9–2–09; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM409; Special Conditions No. 

25–386–SC] 

Special Conditions: Boeing Model 737– 

600/–700/–700C/–800/–900 and 900ER 

Series Airplanes; Seats With Inflatable 

Lapbelts 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for Boeing Model 737–600/–700/ 

–700C/–800/–900 and 900ER series 

airplanes. These airplanes, 

manufactured by Boeing Commercial 

Airplanes, will have novel or unusual 

design features associated with seats 

with inflatable lapbelts. Special 

Conditions No. 25–187–SC were issued 

on October 3, 2001, addressing this 

issue for the Boeing Model 777 series 

airplanes. 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. 

DATES: The effective date of these 

special condition is August 7, 2009. We 

must receive your comments by: 

October 19, 2009. 

ADDRESSES: You must mail two copies 

of your comments to: Federal Aviation 

Administration, Transport Airplane 

Directorate, Attn: Rules Docket (ANM– 

113), Docket No. NM409, 1601 Lind 

Avenue, SW., Renton, Washington, 

98057–3356. You may deliver two 

copies to the Transport Airplane 

Directorate at the above address. You 

must mark your comments: Docket No. 

NM409. You can inspect comments in 

the Rules Docket weekdays, except 

Federal holidays, between 7:30 a.m. and 

4 p.m. 

FOR FURTHER INFORMATION CONTACT: John 

Shelden, FAA, Airframe and Cabin 

Safety Branch, ANM–115, Transport 

Airplane Directorate, Aircraft 

Certification Service, 1601 Lind 

Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 227–2785 

facsimile (425) 227–1232. 

SUPPLEMENTARY INFORMATION: The FAA 

has determined that notice of, and 

opportunity for public comment on, 

these special conditions are 

impracticable because these procedures 

would significantly delay issuance of 

the design approval and thus delivery of 

the affected airplanes. In addition, the 

substance of these special conditions 

has been subject to the public-comment 

process in several prior instances with 

no substantive comments received. The 

FAA therefore finds that good cause 

exists for making these special 

conditions effective upon issuance. 

Comments Invited 

We invite interested people to take 

part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the special 

conditions, explain the reason for any 

recommended change, and include 

supporting data. We ask that you send 

us two copies of written comments. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning these special conditions. 

You can inspect the docket before and 

after the comment closing date. If you 

wish to review the docket in person, go 

to the address in the ADDRESSES section 

of this preamble between 7:30 a.m. and 

4 p.m., Monday through Friday, except 

Federal holidays. 

We will consider all comments we 

receive by the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change these special conditions in 

light of the comments we receive. 

If you want the FAA to acknowledge 

receipt of your comments on these 

special conditions, include with your 

comments a self-addressed, stamped 

postcard on which you have written the 

docket number. We will stamp the date 

on the postcard and mail it back to you. 

Background 

On July 8, 2008, Boeing Commercial 

Airplanes applied for an amendment to 

type certificate No. A16WE to include 

the new Boeing Model 737–600/–700/– 

700C–800/–900 and 900ER series 

airplanes. These special conditions 

allow installation of inflatable lap belts 

for head injury protection on certain 

seats in Boeing Model 737–600/–700/– 

700C/800/–900 and 900ER series 

airplanes. The FAA has issued similar 

special conditions, No. 25–187–SC and 

subsequently 25–187A–SC for Boeing 

Model 777 series airplanes and Special 

Condition No. 25–148–SC for Boeing 

Model 767 series airplanes. 

The inflatable lapbelt is designed to 

limit occupant forward excursion if an 

accident occurs. This will reduce the 

potential for head injury, thereby 

reducing the Head Injury Criterion (HIC) 

measurement, required by Title 14, 

Code of Federal Regulations (14 CFR), 

25.562(c)(5). The inflatable lapbelt 

behaves similarly to an automotive 

inflatable airbag, but in this case the 

airbag is integrated into the lapbelt, and 

inflates away from the seated occupant. 

While inflatable airbags are now 

standard in the automotive industry, the 

use of an inflatable lapbelt is novel for 

commercial aviation. 

Title 14, Code of Federal Regulations 

(14 CFR) 121.311(j) requires that no 

person may operate a transport category 

airplane type certificated after January 

1, 1958, and manufactured on or after 

October 27, 2009, in passenger-carrying 

operations, after October 27, 2009, 

unless all passenger and flight attendant 

seats on an airplane operated under part 

121 meet the requirements of § 25.562 in 

effect on or after June 16, 1988. 

The Boeing Model 737–600/–700/– 

700C/–800/–900 and 900ER series 

airplanes, manufactured before October 

27, 2009, operated under part 121, are 

required to show compliance with 

certain aspects of § 25.562 as specified 

per Type Certificate No. A16WE. Boeing 

Model 737–600/–700/–700C/–800/–900 

and 900ER series airplanes 

manufactured on or after October 27, 

2009, operated under part 121, must 

meet all of the requirements of § 25.562 

for passenger and flight attendant seats. 

It is in the interest of installers to show 

full compliance with § 25.562, so that an 

operator under part 121 may be able to 

use the airplane without having to do 

additional certification work. In 

addition, some foreign civil 

airworthiness authorities have invoked 

these same operator requirements in the 

form of airworthiness directives. 

Occupants must be protected from 

head injury, as required by § 25.785, by 

either the elimination of any injurious 

object within the striking radius of the 

head, or by padding. Traditionally, this 

has required a setback of 35 inches from 

any bulkhead or other rigid interior 

feature or, where not practical, specified 

types of padding. The relative 

effectiveness of these means of injury 

protection was not quantified. With the 

adoption of Amendment 25–64 to part 

25, specifically § 25.562, a new standard 

that quantifies required head injury 

protection was created. 


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