January 5, 2009 – Federal Register Recent Federal Regulation Documents

Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands and Gulf of Alaska Groundfish; Limited Access Privilege Programs
Document Number: E8-31365
Type: Proposed Rule
Date: 2009-01-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes regulations implementing Amendment 90 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area and Amendment 78 to the Fishery Management Plan for Groundfish of the Gulf of Alaska. This proposed regulation would amend the Bering Sea and Aleutian Islands Amendment 80 Program and the Central Gulf of Alaska Rockfish Program to allow post-delivery transfers of cooperative quota to cover overages. This action is necessary to mitigate potential overages, reduce enforcement costs, and provide for more precise total allowable catch management. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Fishery Management Plans, and other applicable law.
Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2009 Gulf of Alaska Pollock and Pacific cod Total Allowable Catch Amounts
Document Number: E8-31363
Type: Rule
Date: 2009-01-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is adjusting the 2009 total allowable catch (TAC) amounts for the Gulf of Alaska (GOA) pollock and Pacific cod fisheries. This action is necessary because NMFS has determined these TACs are incorrectly specified. This action will ensure the GOA pollock and Pacific cod TACs do not exceed the appropriate amounts based on the best available scientific information for pollock and Pacific cod in the GOA. This action is consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska Management Area (FMP).
Listing Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition to List Atlantic Wolffish as Threatened or Endangered under the Endangered Species Act
Document Number: E8-31362
Type: Proposed Rule
Date: 2009-01-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, NMFS, announce a 90-day finding for a petition to list Atlantic wolffish (Anarhichas lupus) as endangered or threatened under the Endangered Species Act (ESA). We find that the petition presents substantial scientific information indicating the petitioned action may be warranted. We will conduct a status review of Atlantic wolffish to determine if the petitioned action is warranted. To ensure that the review is comprehensive, we solicit information pertaining to this species from any interested party.
Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications
Document Number: E8-31344
Type: Proposed Rule
Date: 2009-01-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes a regulation to implement the annual harvest guideline (HG) for Pacific sardine in the U.S. exclusive economic zone (EEZ) off the Pacific coast for the fishing season of January 1, 2009, through December 31, 2009. This HG is proposed according to the regulations implementing the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP) and establishes allowable harvest levels for Pacific sardine off the Pacific coast. The proposed initial HG for the 2009 fishing year is 65,732 mt and is proposed to be divided across the seasonal allocation periods in the following way: January 1-June 30, 22,006 mt would be allocated for directed harvest with an incidental set-aside of 1,000 mt; July 1-September 14, 25,293 mt would be allocated for directed harvest with an incidental set-aside of 1,000 mt; September 15-December 31, 11,933 mt would be allocated for directed harvest with an incidental set-aside of 4,500 mt. If during any of the seasonal allocation periods the applicable adjusted directed harvest allocation is projected to be taken, fishing would be closed to directed harvest and only incidental harvest would be allowed.
2008 Rates for Pilotage on the Great Lakes
Document Number: E8-31341
Type: Rule
Date: 2009-01-05
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is revising and finalizing the March 2008 interim rule, which updated rates for pilotage service on the Great Lakes by increasing rates an average of 8.17% over the last ratemaking that was completed in September 2007. In response to new contract provisions and to public comments on our rulemaking, this final rule increases rates an additional 9.95%, for a total average increase of 18.92% since 2007.
Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer
Document Number: E8-31317
Type: Rule
Date: 2009-01-05
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that the State of North Carolina is transferring commercial summer flounder quota to the Commonwealth of Virginia from its 2008 quota. By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved.
Clarification for Submitting Petitions for Rulemaking or Exemption
Document Number: E8-31304
Type: Rule
Date: 2009-01-05
Agency: Federal Aviation Administration, Department of Transportation
The Federal Aviation Administration (FAA) is making minor technical changes to the requirements for submitting a petition for rulemaking or exemption. In a final rule published in the Federal Register on December 5, 2007, the FAA inadvertently did not make conforming amendments to plain language requirements in the structure and content of the final rule. This technical amendment restructures or reorders the filing of petitions and incorporates a reference for additional filing guidance and instructions using the Federal Docket Management System (FDMS). These changes ensure general rulemaking procedures are clear, written in plain language, and better inform the public of administrative practices.
Professional Conduct for Practitioners-Rules and Procedures, and Representation and Appearances
Document Number: E8-31302
Type: Rule
Date: 2009-01-05
Agency: Executive Office for Immigration Review, Department of Justice
This document contains a correction to the final rule published Thursday, December 18, 2008 at 73 FR 76914, relating to the rules and procedures that govern the standards of representation and professional conduct for practitioners who appear before the Executive Office for Immigration Review (EOIR).
Proposed Flood Elevation Determinations
Document Number: E8-31283
Type: Proposed Rule
Date: 2009-01-05
Agency: Federal Emergency Management Agency, Department of Homeland Security
On December 9, 2008, FEMA published in the Federal Register a Proposed rule that contained an erroneous table. This notice provides corrections to that table, to be used in lieu of the information published at 73 FR 74673. The table provided here represents the flooding source, location of referenced elevation, effective and modified elevation, and communities affected for the City of Mosinee, City of Schofield, City of Wausau, Village of Kronenwetter, Village of Rothschild and the Unincorporated Areas of Marathon County, Wisconsin. Specifically, it addresses flooding sources Bull Junior Creek, Eau Claire River and Wisconsin River.
Proposed Flood Elevation Determinations
Document Number: E8-31282
Type: Proposed Rule
Date: 2009-01-05
Agency: Federal Emergency Management Agency, Department of Homeland Security
On February 22, 2008, FEMA published in the Federal Register a proposed rule that contained an erroneous table. This notice provides corrections to that table, to be used in lieu of the information published at FR Doc. E8-3362. The table provided here represents the flooding source, location of referenced elevation, effective and modified elevation, and communities affected for Trinity County, California. Specifically, it addresses Hayfork Creek.
Proposed Flood Elevation Determinations
Document Number: E8-31281
Type: Proposed Rule
Date: 2009-01-05
Agency: Federal Emergency Management Agency, Department of Homeland Security
On September 17, 2008, FEMA published in the Federal Register a proposed rule that contained an erroneous table. This notice provides corrections to that table, to be used in lieu of the information published at FR Doc. E8-21699. The table provided here represents the flooding source, location of referenced elevation, effective and modified elevation, and communities affected for Watauga County, North Carolina. Specifically, it addresses Winkler Creek.
Proposed Flood Elevation Determinations; Correction
Document Number: E8-31279
Type: Proposed Rule
Date: 2009-01-05
Agency: Federal Emergency Management Agency, Department of Homeland Security
This document corrects the table to a proposed rule published in the Federal Register of December 9, 2008. This correction clarifies the table representing the flooding source(s), location of referenced elevation, the effective and modified elevation in feet and the communities affected for Madison County, Mississippi, and Incorporated Areas; specifically, for flooding source ``Reunion Lake 1,'' than was previously published.
Proposed Flood Elevation Determinations
Document Number: E8-31278
Type: Proposed Rule
Date: 2009-01-05
Agency: Federal Emergency Management Agency, Department of Homeland Security
On November 5, 2008, FEMA published in the Federal Register a proposed rule that contained an erroneous table. This notice provides corrections to that table, to be used in lieu of the information published at 73 FR 65815. The table provided here represents the flooding source, location of referenced elevation, effective and modified elevation, and communities affected for St. Clair County, Michigan (All Jurisdictions). Specifically, it addresses flooding source ``Belle River.''
Montana Regulatory Program
Document Number: E8-31275
Type: Rule
Date: 2009-01-05
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement, Surface Mining Reclamation and Enforcement Office
We are approving an amendment to the Montana regulatory program (the ``Montana program'') under the Surface Mining Control and Reclamation Act of 1977 (``SMCRA'' or ``the Act''). Montana proposed revisions to its statute as discussed in SUPPLEMENTARY INFORMATION, II. Proposed Amendment, to clarify ambiguities and improve operational efficiency.
Proposed Flood Elevation Determinations
Document Number: E8-31268
Type: Proposed Rule
Date: 2009-01-05
Agency: Federal Emergency Management Agency, Department of Homeland Security
Comments are requested on the proposed Base (1 percent annual- chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents, and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.
Proposed Flood Elevation Determinations
Document Number: E8-31267
Type: Proposed Rule
Date: 2009-01-05
Agency: Federal Emergency Management Agency, Department of Homeland Security
Comments are requested on the proposed Base (1 percent annual- chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents, and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.
Class I Railroad Accounting and Financial Reporting-Transportation of Hazardous Materials
Document Number: E8-31263
Type: Proposed Rule
Date: 2009-01-05
Agency: Surface Transportation Board, Department of Transportation
The Surface Transportation Board (STB) seeks comment on whether and how it should update its accounting and financial reporting for Class I rail carriers and refine its Uniform Railroad Costing System (URCS) to better capture the operating cost of transporting hazardous materials.
Listing of Color Additives Exempt From Certification; Food, Drug, and Cosmetic Labeling: Cochineal Extract and Carmine Declaration
Document Number: E8-31253
Type: Rule
Date: 2009-01-05
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is revising its requirements for cochineal extract and carmine by requiring their declaration by name on the label of all food and cosmetic products that contain these color additives. This final rule responds to reports of severe allergic reactions, including anaphylaxis, to cochineal extract- containing food and carmine-containing food and cosmetics and will allow consumers who are allergic to these color additives to identify and thus avoid products that contain these color additives. This action also responds to a citizen petition submitted by the Center for Science in the Public Interest (CSPI).
New Competitive Product
Document Number: E8-31252
Type: Rule
Date: 2009-01-05
Agency: Postal Regulatory Commission, Agencies and Commissions
The Commission is noticing a recently filed Postal Service request to add Express Mail & Priority Mail Contract 3 to the Competitive Product List. The Postal Service has also filed one related contract. This notice addresses procedural steps associated with these filings.
Section 482: Methods To Determine Taxable Income in Connection With a Cost Sharing Arrangement
Document Number: E8-30715
Type: Rule
Date: 2009-01-05
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains temporary regulations that provide further guidance and clarification regarding methods under section 482 to determine taxable income in connection with a cost sharing arrangement in order to address issues that have arisen in administering the current regulations. The temporary regulations affect domestic and foreign entities that enter into cost sharing arrangements described in the temporary regulations. The text of these temporary regulations also serves as the text of the proposed regulations set forth in the Proposed Rules section in this issue of the Federal Register.
Section 482: Methods To Determine Taxable Income in Connection With a Cost Sharing Arrangement
Document Number: E8-30712
Type: Proposed Rule
Date: 2009-01-05
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations that provide further guidance and clarification regarding methods under section 482 to determine taxable income in connection with a cost sharing arrangement in order to address issues that have arisen in administering the current regulations. These temporary regulations potentially affect controlled taxpayers within the meaning of section 482 that enter into cost sharing arrangements as defined therein. The text of those temporary regulations also serves as the text of these proposed regulations. This document also provides notice of a public hearing on those proposed regulations.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: E8-30648
Type: Rule
Date: 2009-01-05
Agency: Federal Aviation Administration, Department of Transportation
This establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: E8-30640
Type: Rule
Date: 2009-01-05
Agency: Department of Transportation, Federal Aviation Administration
This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
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