18626 Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Rules and Regulations 

Applicability 

These special conditions will apply 

only to the GEnx–2B series turbofan 

engine models. If GE applies later for a 

change to the type certificate to include 

another model incorporating the same 

novel or unusual fan blade design 

features, these special conditions may 

also become part of the type 

certification basis of that engine model 

series as well. 

Conclusion 

This action affects only the carbon 

fiber composite fan blade design 

features on the GEnx–2B series turbofan 

engine models. It is not a rule of general 

applicability, and it affects only the 

General Electric Company which has 

applied to the FAA for certification of 

these fan blade design features. 

List of Subjects in 14 CFR Part 33 

Air transportation, Aircraft, Aviation 

safety, Safety. 

The authority citation for these 

special conditions continues to read as 

follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701– 

44702, 44704. 

The Special Conditions 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the following special 

conditions are issued as part of the type 

certification basis for the derivative 

GEnx–2B series turbofan engines. 

1. In lieu of the fan blade containment 

test with the fan blade failing at the 

outermost retention groove as specified 

in § 33.94(a)(1), complete the following 

requirements: 

(a) Conduct a fan blade containment 

test that is acceptable to the 

Administrator, with the fan blade failing 

at the inner annulus flow path line. 

(b) Substantiate by test and analyses, 

or other methods acceptable to the 

Administrator, that the engine is 

capable of containing damage without 

catching fire and without failure of its 

mounting attachments when operated 

for at least 15 seconds, unless the 

resulting engine damage induces a self 

shutdown that initiates within 15 

seconds of the fan blade failure. 

(c) Substantiate by test and analyses, 

or other methods acceptable to the 

Administrator, that a minimum material 

properties fan disk and fan blade 

retention system can withstand without 

failure a centrifugal load equal to two 

times the maximum load which the 

retention system could experience 

within approved engine operating 

limitations. 

(d) Using a procedure approved by the 

Administrator, establish an operating 

limitation that specifies the maximum 

allowable number of start-stop stress 

cycles for the fan blade retention 

system. The life evaluation shall include 

the combined effects of high cycle and 

low cycle fatigue. If the operating 

limitation is less than 100,000 cycles, 

that limitation must be specified in 

Chapter 05 of the Engine Manual 

Airworthiness Limitation Section. The 

fan blade retention system includes the 

portion of the fan blade from the inner 

annulus flow path line inward to the 

blade dovetail, the blade retention 

components, and the fan disk and fan 

blade attachment features. 

(e) Substantiate that, during the 

service life of the engine, the total 

probability of the occurrence of a 

hazardous engine effect defined in 

§ 33.75 due to an individual blade 

retention system failure resulting from 

all possible causes will be extremely 

improbable, with a cumulative 

calculated probability of failure of less 

than 10 per engine flight hour. 

(f) Substantiate by test or analysis 

acceptable to the Administrator that not 

only will the engine continue to meet 

the requirements of § 33.75 following a 

lightning strike on the composite fan 

blade structure, but the lightning strike 

will also not cause damage to the fan 

blades that would prevent continued 

safe operation of the affected engine. 

(g) Account for the effects of inservice deterioration, manufacturing 

variations, minimum material 

properties, and environmental effects 

during the tests and analyses required 

by paragraphs (a), (b), (c), (d), (e), and 

(f) of these special conditions. 

(h) Propose fleet leader monitoring 

and field sampling programs for the 

GEnx–2B engine fan blades that will 

monitor the effects of usage on fan blade 

and retention system integrity. The 

sampling program should use the 

experience gained on current GE90 and 

GEnx–1B engine model series 

monitoring programs, and must be 

approved by the FAA prior to 

certification of the GEnx–2B engine 

models. 

Issued in Burlington, Massachusetts, on 

April 13, 2009. 

Peter A. White, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–9262 Filed 4–23–09; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 589 

[Docket No. FDA–2002–N–0031] (formerly 

Docket No. 2002N–0273) 

RIN 0910–AF46 

Substances Prohibited From Use in 

Animal Food or Feed; Confirmation of 

Effective Date of Final Rule 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule; confirmation of 

effective date. 

SUMMARY: The Food and Drug 

Administration (FDA) is confirming the 

effective date of April 27, 2009, for the 

final rule that published in the Federal 

Register of April 25, 2008 (73 FR 

22720), entitled ‘‘Substances Prohibited 

From Use in Animal Food or Feed.’’ The 

agency is also establishing a compliance 

date of October 26, 2009, for this rule in 

order to allow additional time for 

renderers to comply with the new 

requirements. This additional time will 

also give other affected persons, 

including cattle producers and packers, 

more time to identify appropriate 

methods for disposing of material 

prohibited from use in animal feed by 

this rule. 

DATES: Effective Date: The effective date 

of the final rule published in the 

Federal Register of April 25, 2008 (73 

FR 22720), is April 27, 2009. 

Compliance Date: The compliance 

date is October 26, 2009. 

FOR FURTHER INFORMATION CONTACT: Burt 

Pritchett, Center for Veterinary 

Medicine (HFV–222), Food and Drug 

Administration, 7519 Standish Pl., 

Rockville, MD 20855, 240–453–6860, 

e-mail: burt.pritchett@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In the Federal Register of April 25, 

2008, FDA published a final rule 

entitled ‘‘Substances Prohibited From 

Use in Animal Food or Feed’’ (referred 

to herein as the April 25, 2008, final 

rule), that would become effective 1 

year after the April 27, 2009, date of 

publication. These measures were 

established to further strengthen 

existing safeguards against bovine 

spongiform encephalopathy (BSE). FDA 

recently became aware that some 

affected persons are experiencing 

difficulties modifying their operations 

to comply with the new requirements 

contained in the April 25, 2008, final 


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Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Rules and Regulations 18627 

rule and, therefore, may not be in full 

compliance by the April 27, 2009, 

effective date. Accordingly, in the 

Federal Register of April 9, 2009 (74 FR 

16160) (referred to herein as the April 

9, 2009, proposal), FDA published a 

proposal that would delay the effective 

date of the April 25, 2008, final rule for 

60 days and provided a period for 

public comment on this proposal of 7 

days. 

II. Comments 

The agency received comments from 

over 400 organizations and individuals 

on the April 9, 2009, proposal. Many 

comments were received from state and 

national cattle producer organizations, 

as well as from individual cattle 

producers. A large number of individual 

consumers also submitted comments. 

Comments were also received from 

renderers, meat processors, dairy 

organizations, and State agriculture 

agencies. 

Those opposed to a delay of the 

effective date primarily cited a 

heightened risk of BSE to U.S. 

consumers and the U.S. cattle herd from 

imports of live Canadian cattle, 

particularly those cattle over 30 months 

of age. Most of these comments also 

noted that the current U.S. feed ban 

implemented in 1997 is comparable to 

the initial Canadian feed ban, also 

implemented in 1997, which, according 

to these comments, has proven to be 

ineffective at preventing the spread of 

BSE in Canada. This position was 

echoed in the many comments received 

from persons concerned with 

Creutzfeldt-Jakob Disease. 

Those in favor of a delay of the 

effective date cited the need for more 

time to identify alternative methods of 

disposal of cattle material prohibited in 

animal feed (CMPAF) from slaughter 

and dead stock cattle in areas of the 

country where rendering services are 

curtailed or no longer available because 

of the rule. Some renderers and dead 

stock haulers commented that they were 

choosing to discontinue picking up 

dead cattle due to difficulties complying 

with the new rule. Many of the 

comments suggested that the proposed 

60-day delay was not adequate with 

some comments suggesting delays of 6 

months to 1 year. Also, a number of 

comments asked that the effective date 

be delayed indefinitely until the carcass 

disposal problem was more fully 

resolved. Several comments urged FDA 

to work with other Government agencies 

to develop a disposal plan for CMPAF 

and dead stock cattle before 

implementing the rule. 

III. Discussion 

FDA continues to believe that the new 

measures contained in the April 25, 

2008, final rule are necessary to further 

strengthen existing safeguards against 

BSE. The underlying bases for these 

new measures were fully considered 

through the notice and comment 

rulemaking process. (See the October 6, 

2005, proposed rule (70 FR 58570) and 

the April 25, 2008, final rule). 

The April 9, 2009, proposal to delay 

the effective date was issued solely for 

the purpose of considering whether a 

delay should be provided to allow time 

to address concerns that some entities 

were not adequately prepared to comply 

with the April 25, 2008, final rule and 

that adequate alternative carcass 

disposal methods had not been 

developed. Therefore, any delay in the 

implementation of this rule is intended 

to help address these concerns and is 

not intended to signal that the agency is 

reconsidering the final rule. Based on 

the significant number of comments that 

oppose delaying the effective date of the 

April 25, 2008, final rule due to public 

and animal health concerns, FDA is 

confirming the original April 27, 2009, 

effective date of the final rule. However, 

although the final rule is effective on 

April 27, 2009, FDA has decided to 

establish a compliance date of October 

26, 2009, for those who need it, to help 

address the compliance and 

implementation concerns. 

In its rulemaking, FDA acknowledged 

that alternative disposal methods for 

CMPAF and dead stock cattle would be 

needed for a substantial volume of 

material that would be diverted from 

animal feed use by the new 

requirements. Accordingly, the rule 

provided a 12–month delayed effective 

date to allow sufficient time to arrange 

for alternative disposal. Where services 

to remove brain and spinal cord will not 

be available, such arrangements might 

include composting dead stock cattle, or 

disposing of dead stock cattle in 

landfills. To some extent, we believe the 

rendering, livestock, meat, and animal 

feed industries have addressed many of 

the compliance and carcass disposal 

challenges and are prepared to meet the 

April 27, 2009, effective date of the final 

rule. 

By affirming the April 27, 2009, 

effective date, renderers can begin 

putting the new BSE safeguards into 

place by removing the prohibited cattle 

materials from the animal feed chain. 

However, it is apparent from the 

comments that a significant number of 

other stakeholders will not be ready to 

deal effectively with the new regulation 

when it goes into effect on April 27, 

2009. In particular, smaller entities such 

as dead stock haulers, small meat 

processors, and some livestock 

producers have only recently become 

aware that their current disposal 

arrangements will no longer be 

available, or will be available at 

increased cost, as a result of the April 

25, 2008, final rule. In addition, 

comments from certain State agencies 

have indicated that adequate alternative 

measures have not yet been developed 

for disposing of animal carcasses, 

particularly in areas where rendering is 

limited or may no longer be available. 

Generally, the disposal of animal 

carcasses is regulated at the State and 

local level. For example, State law may 

dictate whether dead animals can be 

buried or composted, or whether an 

incinerator needs to be approved before 

one is built. Furthermore, some landfill 

operators have indicated that they do 

not intend to accept dead animals or 

CMPAF because they consider it to be 

hazardous material. FDA has consulted 

with the Environmental Protection 

Agency (EPA) on this issue and EPA has 

recently published a statement on its 

Web site stating that, under the 

Resource Conservation and Recovery 

Act (RCRA), EPA considers CMPAF to 

be solid waste, not hazardous waste 

(http://www.epa.gov/epawaste/nonhaz/ 

municipal/landfill/cattle.htm). (FDA 

has verified the Web site address, but 

FDA is not responsible for any 

subsequent changes to the Web site after 

this document publishes in the Federal 

Register.) 

Based on a consideration of all 

comments received in response to the 

April 9, 2009, proposal, FDA believes 

the most appropriate action is to 

confirm the April 27, 2009, effective 

date, and delay compliance until 

October 26, 2009. Confirming the April 

27, 2009, effective date conveys the 

agency’s clear intent to move forward 

with the implementation of the new 

measures. As stated previously, some 

affected parties are prepared to begin 

implementation. Providing for a 6– 

month delay for compliance 

acknowledges the significant number of 

affected stakeholders who will require 

more time to comply with the new 

regulation or adjust to the loss of 

rendering service. For renderers, who 

are directly impacted by this regulation, 

this means modifying their operations to 

effectively separate and dispose of 

CMPAF. For cattle producers, who are 

also impacted by this regulation, this 

may mean finding alternative means of 

disposing of dead stock cattle if 

rendering services are no longer 

available to them. 


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18628 Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Rules and Regulations 

FDA acknowledges that carcass 

disposal problems exist in certain states 

or regions and that developing and 

implementing adequate solutions to 

these problems is challenging. 

Furthermore, FDA recognizes that in 

certain circumstances it may be 

particularly challenging to address such 

disposal problems by the October 26, 

2009, compliance date. FDA intends to 

finalize the Draft Small Entities 

Compliance Guide for Renderers that 

was issued on November 26, 2008. In 

addition, FDA intends to engage in 

further outreach to the rendering 

industry, pertinent State agencies, and 

others affected by the rule. FDA is 

committed to working with all affected 

parties to the extent possible to assist 

efforts in mitigating the impacts 

associated with implementation of the 

rule. 

IV. Conclusion 

At this time, the agency is confirming 

the April 27, 2009, effective date of the 

final rule published in the Federal 

Register of April 25, 2008, entitled 

‘‘Substances Prohibited From Use in 

Animal Food or Feed.’’ The agency is 

also establishing a compliance date of 

October 26, 2009, for this rule in order 

to allow additional time for affected 

persons to comply with the new 

requirements. 

Dated: April 21, 2009. 

Jeffrey Shuren, 

Associate Commissioner for Policy and 

Planning. 

[FR Doc. E9–9466 Filed 4–22–09; 11:15 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF STATE 

22 CFR Part 121 

[Public Notice 6589] 

Amendment to the International Arms 

Traffic in Arms Regulations: The 

United States Munitions List; 

Correction 

AGENCY: Department of State. 

ACTION: Correcting amendment. 

SUMMARY: The Department of State 

published a final rule in the Federal 

Register on May 21, 2004 (69 FR 29222), 

revising Category XII(c) of the United 

States Munitions List. A technical error 

in that rule resulted in the unintended 

removal of language in a note after 

Category XII paragraph (c). This 

document corrects the final regulations 

by restoring the language in the note. 

DATES: Effective on April 24, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Director Charles B. Shotwell, Office of 

Defense Trade Controls Policy, 

Department of State, Telephone (202) 

663–2792 or Fax (202) 261–8199; e-mail 

DDTCResponseTeam@state.gov. ATTN: 

Regulatory Change, Category XII. 

SUPPLEMENTARY INFORMATION: The 

Department of State published a final 

rule (Public Notice 4723) in the Federal 

Register of May 21, 2004, amending 

Category XII of the United States 

Munitions List. This document restores 

the language in the note after Category 

XII(c). 

List of Subjects in 22 CFR Part 121 

Arms and munitions, Exports, U.S. 

Munitions List. 

■ Accordingly, 22 CFR part 121 is 

corrected by making the following 

correcting amendment: 

PART 121—THE UNITED STATES 

MUNITIONS LIST 

■ 1. The authority citation for part 121 

continues to read as follows: 

Authority: Secs. 2, 38, and 71, Public Law 

90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 

2797); E.O. 11958, 42 FR 4311; 3 CFR, 1977 

Comp. p. 79; 22 U.S.C. 2651a; Public Law 

105–261, 112 Stat. 1920. 

■ 2. In § 121.1(c), Category XII, amend 

after paragraph (c) by adding a note to 

read as follows: 

§ 121.1 General. The United States 

Munitions List. 

(c) * * * 

* * * * * 

Category XII—Fire Control, Range 

Finder, Optical and Guidance and 

Control Equipment 

* * * * * 

(c) * * * 

Note: Special Definition. For purposes of 

this subparagraph, second and third 

generation image intensification tubes are 

defined as having: 

A peak response within the 0.4 to 1.05 

micron wavelength range and incorporating a 

microchannel plate for electron image 

amplification having a hold pitch (center-tocenter spacing) of less than 25 microns and 

having either: 

(a) An S–20, S–25 or multialkali 

photocathode; or 

(b) A GaAs, GaInAs, or other 

compound semiconductor 

photocathode. 

* * * * * 

Dated: April 13, 2009. 

Frank J. Ruggiero, 

Acting Assistant Secretary for Political 

Military Affairs, Department of State. 

[FR Doc. E9–9291 Filed 4–23–09; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0132] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Keweenaw Waterway, Houghton, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Commander, Ninth Coast 

Guard District, has approved a 

temporary deviation from the 

regulations governing the operation of 

the U.S. 41 (Sheldon Avenue) Lift 

Bridge, at Mile 16.0, across the 

Keweenaw Waterway, in Houghton, MI. 

Under this temporary deviation, the 

U.S. 41 (Sheldon Avenue) Lift Bridge 

will be allowed to remain in the closedto-navigation position during specific 

dates and times. The deviation is 

necessary to perform reconstruction to 

the city streets that access the U.S. 41 

(Sheldon Avenue) Lift Bridge. 

DATES: This temporary final rule is 

effective from 6 a.m. on April 15, 2009, 

to 6 p.m. on November 15, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket, are part of docket USCG–2009– 

0132 and are available online by going 

to http://www.regulations.gov, selecting 

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2009–0132 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. This 

material is also available for inspection 

or copying at two locations: the Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail Blair Stanifer, Bridge 

Management Specialist, Ninth Coast 

Guard District, at (216) 902–6086, e-mail 

William.B.Stanifer@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 


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