This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

30015 

Vol. 74, No. 120 

Wednesday, June 24, 2009 

DEPARTMENT OF AGRICULTURE 

Grain Inspection, Packers and 

Stockyards Administration 

7 CFR Part 868 

RIN 0580–AA94 

United States Standards for Rough 

Rice, Brown Rice for Processing, and 

Milled Rice 

AGENCY: Grain Inspection, Packers and 

Stockyards Administration, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to revise the 

U.S. Standards for Rough Rice, Brown 

Rice for Processing, and Milled Rice, to 

change the requirement that certain 

information currently provided on the 

grade line of official certificates for 

Mixed rice be moved to the Results 

section of the inspection certificate. 

These proposed changes enhance the 

use of the inspection certificate and, as 

a result, will help to facilitate the 

marketing of Mixed rice. 

DATES: Comments must be received on 

or before August 24, 2009. 

ADDRESSES: You may submit your 

written or electronic comments on this 

notice to: 

• Mail: Tess Butler, GIPSA, USDA, 

1400 Independence Avenue, SW., Room 

1643–S, Washington, DC 20250–3604. 

• E–Mail comments to: 

comments.gipsa@usda.gov. 

• Fax: (202) 690–2173. 

• Internet: Go to http:// 

www.regulations.gov and follow the online instruction for submitting 

comments. 

All comments will become a matter of 

public record and should be identified 

as ‘‘U.S. Standards for Rice Notice 

Comments,’’ making reference to the 

date and page number of this issue of 

the Federal Register. Comments will be 

available for public inspection at 

http://www.regulations.gov and in the 

above office during regular business 

hours (7 CFR 1.27(b)). Please call the 

GIPSA Management Support Staff at 

(202) 720–7486 to make an appointment 

to read comments received. 

FOR FURTHER INFORMATION CONTACT: 

Beverly A. Whalen, USDA–GIPSA– 

FGIS–ODA, Beacon Facility—STOP 

1404, P.O. Box 419205, Kansas City, 

Missouri 64141–6205; Telephone: (816) 

823–4648; Fax Number: (816) 823–4644; 

e-mail: Beverly.A.Whalen@usda.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Agricultural Marketing Act of 

1946 (AMA) (7 U.S.C. 1621–1627) 

directs and authorizes the Secretary of 

Agriculture to develop and improve 

standards for agricultural products (7 

U.S.C. 1622). These are standards of 

quality, condition, quantity, grade, and 

packaging. The standards encourage 

uniformity and consistency in 

commercial practices. 

The Grain Inspection, Packers and 

Stockyards Administration (GIPSA) 

establishes and maintains a variety of 

quality and grade standards for 

agricultural commodities. These 

standards serve as a fundamental 

starting point to define commodity 

quality in the domestic and global 

marketplace. The AMA standards are 

voluntary and widely used in private 

contracts, government procurement, 

marketing communication, and, for 

some commodities, consumer 

information. Standards developed by 

GIPSA under the AMA include rice, 

whole dry peas, split peas, feed peas, 

lentils, and beans. 

GIPSA inspects shipments of rice in 

accordance with the standards to 

establish the grade and issue inspection 

certificates for each shipment. We 

provide official procedures for 

inspections in the Rice Inspection 

Handbook for determining the various 

grading factors. In addition to Federal 

usage, the rice standards are applied by 

one state and one private cooperator. In 

2008 GIPSA performed approximately 

37 percent of official rice inspections, 

with state and private cooperators 

performing the balance of official 

inspections. Official rice inspectors 

issue inspection certificates. The 

certificates document the grade 

designation on the grade line of the 

inspection certificate. The requirements 

for the grade designation for Rough 

Rice, Brown Rice for Processing, and 

Milled Rice categories are included in 

the regulations in 7 CFR part 868. 

The current regulations in 7 CFR Part 

868 Subparts C (sections 868.201–213), 

D (sections 868.251–264), and E 

(sections 868.301–316) specify U.S. 

Standards for Rough Rice, Brown Rice 

for Processing, and Milled Rice, 

respectively, and include provisions 

concerning the contents of the grade 

designation for each category of rice. In 

the grade designation for each category 

of rice, there is an additional set of 

information provided for the class of 

Mixed rice that specifies the content. 

Under the current standards, this 

additional information for Mixed rice is 

included on the grade line of the 

inspection certificate. 

We propose to move the information 

on Mixed rice to the Results section of 

the certificate to enhance the use of the 

certificate. 

Description of Proposed Amendments 

The changes we propose would move 

some required information concerning 

Mixed rice from the grade line section 

of the certificate to the Results section 

of the inspection certificate for Rough 

Rice, Brown Rice for Processing, and 

Milled Rice. The additional grade 

designation information for the class of 

Mixed rice in each of the three rice 

categories are not grade determining 

factors, as specified in the standards. As 

such, these changes would not change 

the grade designation requirements. The 

proposed changes would only change 

where certain information is reported on 

the inspection certificate. There is more 

space in the Results section of the 

inspection certificate, and thus it is a 

more appropriate place to report this 

information. While taking this approach 

will not change the grade of the product, 

it will enhance the use of the inspection 

certificate. 

We propose to change the regulations 

in sections 7 CFR 868.211, 262, and 314 

by: 

(1) Revising the section heading 

wording from ‘‘Grade Designation’’ to 

read ‘‘Grade Designation and Other 

Certificate Information,’’ 

(2) Specifying the grade designation 

requirements for all classes of rice in 

paragraph (a) of each section, 

(3) Specifying additional information 

required only for the class of Mixed rice 

in paragraph (b) of each section, 

(4) Specifying that the additional 

information for Mixed rice be reported 

in the Results section of the inspection 

certificate, and 

30016 Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Proposed Rules 

(5) Converting the note at the end of 

the section to a new paragraph (c) in 

each section. 

In addition, we propose other minor 

changes that include clarifying that 

grade designation information goes on 

the grade line of the inspection 

certificate. We also propose to make the 

format more readable and more 

consistent with other regulations in this 

section by converting notes into 

numbered paragraphs, and by inserting 

line breaks after each item in numbered 

lists of items. 

Effects on Regulated Entities 

We are proposing to amend the 

regulations to move certain information 

from the grade line to the Results 

section of the inspection certificate. 

This action simplifies the standards for 

rice and will improve official inspection 

services by allowing for more efficient 

use of electronic certification. Interested 

persons should not be additionally 

burdened by this proposed amendment. 

Having more legible inspection 

certificates, however, should help these 

persons facilitate the marketing of rice. 

Executive Order 12866 and Regulatory 

Flexibility Act 

The Office of Management and Budget 

designated this rule as not significant 

for the purposes of Executive Order 

12866. 

We have determined that these 

proposed amendments would not have 

a significant economic impact on a 

substantial number of small entities as 

defined in the Regulatory Flexibility Act 

(5 U.S.C. 601–612). An initial regulatory 

flexibility analysis as described in 5 

U.S.C. 605 of the Regulatory Flexibility 

Act is not required or provided here. 

The rice industry includes producers 

[approximately 4,300 farms (USDA– 

2002 Census of Agriculture)], handlers, 

processors, and merchandisers, who are 

the primary users of the rice standards, 

and use the standards as a common 

trading language to market rice. In 

addition, there is one state cooperator 

and one private cooperator that apply 

the standards. For North American 

Industry Classification System (NAICS) 

code 311212 ‘‘rice milling,’’ the Small 

Business Administration size standard 

is $500,000 in annual revenues. Most 

users of the official inspection services 

and those entities that perform these 

services do not meet the requirement of 

small entities. Even though some users 

are small entities, this proposed rule 

would not adversely affect or burden 

these users. Under the provisions of the 

AMA (7 U.S.C. 1621–1627), it is not 

mandatory for rice to be inspected. We 

do not expect the proposed changes to 

add any additional cost for entities of 

any size. Further, they would apply 

equally to all entities. 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform, and is not intended to have a 

retroactive effect. This rule will not 

preempt any State or local laws, 

regulations, or policies unless they 

present irreconcilable conflict with this 

rule. There are no administrative 

procedures that must be exhausted prior 

to any judicial challenge to the 

provisions of this rule. 

Paperwork Reduction Act 

In compliance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520), the information collection and 

recordkeeping requirements in Part 868 

have been previously approved by OMB 

No. 0580–0013. 

E-Government Compliance 

GIPSA is committed to complying 

with the E-Government Act, to promote 

the use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

List of Subjects in 7 CFR Part 868 

Administrative practice and 

procedure, Agricultural commodities, 

Reporting and recordkeeping 

requirements, Rice. 

For the reasons set out in the 

preamble, we propose to amend 7 CFR 

Part 868 as follows: 

PART 868—GENERAL REGULATIONS 

AND STANDARDS FOR CERTAIN 

AGRICULTURAL COMMODITIES 

1. The authority citation for part 868 

continues to read as follows: 

Authority: 7 U.S.C. 1621–1627. 

2. Revise § 868.211 to read as follows: 

§ 868.211 Grade designation and other 

certificate information. 

(a) Rough rice. The grade designation 

for all classes of Rough rice shall be 

included on the certificate grade-line in 

the following order: 

(1) The letters ‘‘U.S.’’; 

(2) The number of the grade or the 

words ‘‘Sample grade,’’ as warranted; 

(3) The words ‘‘or better,’’ when 

applicable and requested by the 

applicant prior to inspection; 

(4) The class; 

(5) Each applicable special grade (see 

§ 868.213); and 

(6) A statement of the milling yield. 

(b) Mixed Rough rice information. For 

the class Mixed Rough rice, the 

following information shall be included 

in the Results section of the certificate 

in the following order: 

(1) The percentage of whole kernels of 

each type in the order of predominance; 

(2) The percentage of large broken 

kernels of each type in the order of 

predominance; 

(3) The percentage of material 

removed by the No. 6 sieve or the No. 

6 sizing plate; and 

(4) The percentage of seeds, when 

applicable. 

(c) Large broken kernels. Large broken 

kernels, other than long grain, in Mixed 

Rough rice shall be certified as 

‘‘medium or short grain.’’ 

(Approved by the Office of 

Management and Budget under control 

number 0580–0013) 

3. Revise § 868.262 to read as follows: 

§ 868.262 Grade designation and other 

certificate information. 

(a) Brown rice for processing. The 

grade designation for all classes of 

Brown rice for processing shall be 

included on the certificate grade-line in 

the following order: 

(1) The letters ‘‘U.S.’’; 

(2) The number of the grade or the 

words ‘‘Sample grade,’’ as warranted; 

(3) The words ‘‘or better,’’ when 

applicable and requested by the 

applicant prior to inspection; 

(4) The class; and 

(5) Each applicable special grade (see 

§ 868.264). 

(b) Mixed Brown rice for processing 

information. For the class Mixed Brown 

rice for processing, the following 

information shall be included in the 

Results section of the certificate in the 

following order: 

(1) The percentage of whole kernels of 

each type in the order of predominance; 

(2) The percentage of broken kernels 

of each type in the order of 

predominance, when applicable; and 

(3) The percentage of seeds, related 

material, and unrelated material. 

(c) Broken kernels. Broken kernels, 

other than long grain, in Mixed Brown 

rice for processing shall be certified as 

‘‘medium or short grain.’’ 

(Approved by the Office of 

Management and Budget under control 

number 0580–0013) 

4. Revise § 868.314 to read as follows: 

§ 868.314 Grade designation and other 

certificate information. 

(a) Milled rice. The grade designation 

for all classes of Milled rice shall be 

included on the certificate grade-line in 

the following order: 

(1) The letters ‘‘U.S.’’; 

(2) The number of the grade or the 

words ‘‘Sample grade,’’ as warranted; 

Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Proposed Rules 30017 

(3) The words ‘‘or better,’’ when 

applicable and requested by the 

applicant prior to inspection; 

(4) The class; and 

(5) Each applicable special grade (see 

§ 868.316). 

(b) Mixed Milled rice information. For 

the class Mixed Milled rice, the 

following information shall be included 

in the Results section of the certificate 

in the following order: 

(1) The percentage of whole kernels of 

each type in the order of predominance; 

(2) The percentage of broken kernels 

of each type in the order of 

predominance, when applicable; and 

(3) The percentage of seeds and 

foreign material. 

(c) Broken kernels. Broken kernels, 

other than long grain, in Mixed Milled 

rice shall be certified as ‘‘medium or 

short grain.’’ 

(Approved by the Office of Management and 

Budget under control number 0580–0013) 

J. Dudley Butler, 

Administrator, Grain Inspection, Packers and 

Stockyards Administration. 

[FR Doc. E9–14846 Filed 6–23–09; 8:45 am] 

BILLING CODE 3410–KD–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0246; Directorate 

Identifier 2009–NE–04–AD] 

RIN 2120–AA64 

Airworthiness Directives; Rolls-Royce 

Corporation AE 3007A1/1, AE 3007A1/ 

3, AE 3007A1, AE 3007A1E, AE 

3007A1P, AE 3007A3, AE 3007C, and 

AE 3007C1 Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

Rolls-Royce Corporation (RRC) AE 

3007A1/1, AE 3007A1/3, AE 3007A1, 

AE 3007A1E, AE 3007A1P, AE 3007A3, 

AE 3007C, and AE 3007C1 turbofan 

engines with a fan spinner part number 

(P/N) 23070964 or P/N 23078783, 

installed. This proposed AD would 

require replacement of the fan spinner. 

This proposed AD results from a report 

of a fan spinner releasing from an AE 

3007A turbofan engine, during flight. 

We are proposing this AD to prevent the 

fan spinner from releasing, which could 

result in injury, damage to the engine, 

and damage to the airplane. 

DATES: We must receive any comments 

on this proposed AD by August 24, 

2009. 

ADDRESSES: Use one of the following 

addresses to comment on this proposed 

AD. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

• Fax: (202) 493–2251. 

Contact Rolls-Royce Corporation, P.O. 

Box 420, Indianapolis, IN 46206; 

telephone (317) 230–3774; fax (317) 

230–8084; e-mail: 

indy.pubs.services@rolls-royce.com, for 

a copy of the service information 

identified in this proposed AD. 

FOR FURTHER INFORMATION CONTACT: 

Michael Downs, Aerospace Engineer, 

Chicago Aircraft Certification Office, 

FAA, Small Airplane Directorate, 2300 

East Devon Avenue, Des Plaines, IL 

60018; e-mail: michael.downs@faa.gov; 

telephone: (847) 294–7870; fax: (847) 

294–7834. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send us any written 

relevant data, views, or arguments 

regarding this proposal. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA– 

2009–0246; Directorate Identifier 2009– 

NE–04–AD’’ in the subject line of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the proposed AD. We will 

consider all comments received by the 

closing date and may amend the 

proposed AD in light of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this proposed AD. 

Using the search function of the Web 

site, anyone can find and read the 

comments in any of our dockets, 

including, if provided, the name of the 

individual who sent the comment (or 

signed the comment on behalf of an 

association, business, labor union, etc.). 

You may review the DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78). 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is the 

same as the Mail address provided in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

Discussion 

We received a report of a fan spinner 

releasing from an AE 3007A turbofan 

engine, during flight. After observing 

noise and vibration, the flight crew shut 

down the No. 1 engine and made an 

uneventful landing. Inspection of the 

No. 1 engine revealed a missing fan 

spinner and damage to the fan blades. 

Also noted was debris penetration 

through the forward engine cowl in 

three locations, and through the 

airplane outer skin in two locations. At 

the time of inspection, the No. 1 engine 

had accumulated 11,682 operating 

hours time-since-new, and 8,535 cyclesin-service-since-new. RRC then 

performed spin pit testing of the 

affected design fan spinner, and found 

a high stress concentration in the 12 bolt 

hole windows of the fan spinner. This 

stress concentration can potentially 

develop into low-cycle-fatigue cracks. 

This condition, if not corrected, could 

result in the fan spinner releasing, 

which could result in injury, damage to 

the engine, and damage to the airplane. 

FAA’s Determination and Requirements 

of the Proposed AD 

We have evaluated all pertinent 

information and identified an unsafe 

condition that is likely to exist or 

develop on other products of this same 

type design. We are proposing this AD, 

which would require replacement of the 

fan spinner, P/N 23070964 or P/N 

23078783. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 1,600 RRC AE 3007A series 

and AE 3007C series turbofan engines 

installed on airplanes of U.S. registry. 

We also estimate that it would take 

about one work-hour per engine to 

perform the proposed actions, and that 

the average labor rate is $80 per workVerDate Nov<24>2008 16:32 Jun 23, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\24JNP1.SGM 24JNP1