January 12, 2009 – Federal Register Recent Federal Regulation Documents

The Women-Owned Small Business Federal Contract Assistance Procedures-Eligible Industries
Document Number: E9-407
Type: Proposed Rule
Date: 2009-01-12
Agency: Small Business Administration, Agencies and Commissions
SBA is reopening the comment period for an additional 60 days.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Amendments to the Spiny Lobster Fishery Management Plans for the Caribbean and Gulf of Mexico and South Atlantic
Document Number: E9-372
Type: Rule
Date: 2009-01-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this final rule to implement Amendment 4 to the Fishery Management Plan for the Spiny Lobster Fishery of Puerto Rico and the U.S. Virgin Islands (Caribbean FMP) prepared by the Caribbean Fishery Management Council (Caribbean Council) and Amendment 8 to the Fishery Management Plan for the Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic (Gulf and South Atlantic FMP) prepared by the Gulf of Mexico and South Atlantic Fishery Management Councils (Gulf and South Atlantic Councils). This final rule establishes two minimum size restrictions for importation of spiny lobster into the United States -one applicable to spiny lobster imported into any place subject to the jurisdiction of the United States other than Puerto Rico or the U.S. Virgin Islands, and a more restrictive minimum size limit that applies to Puerto Rico and the U.S. Virgin Islands. In addition, this final rule prohibits importation of egg-bearing spiny lobsters and importation of spiny lobster tail meat that is not in whole tail form with the exoskeleton attached. The intended effect of this final rule is to enhance the conservation of the spiny lobster resource and improve effectiveness of law enforcement related to such conservation.
Taking and Importing Marine Mammals; U.S. Navy Training in the Hawaii Range Complex
Document Number: E9-37
Type: Rule
Date: 2009-01-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS, upon application from the U.S. Navy (Navy), is issuing regulations to govern the unintentional taking of marine mammals incidental to training activities conducted within the Hawaii Range Complex (HRC) for the period of January 2009 through January 2014. The Navy's training activities are considered military readiness activities pursuant to the Marine Mammal Protection Act (MMPA), as amended by the National Defense Authorization Act of 2004 (NDAA). These regulations, which allow for the issuance of ``Letters of Authorization'' (LOAs) for the incidental take of marine mammals during the described activities and specified timeframes, prescribe the permissible methods of taking and other means of affecting the least practicable adverse impact on marine mammal species and their habitat, as well as requirements pertaining to the monitoring and reporting of such taking.
List of Approved Spent Fuel Storage Casks: NAC-UMS Revision 5, Confirmation of Effective Date
Document Number: E9-346
Type: Rule
Date: 2009-01-12
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) is confirming the effective date of January 12, 2009 for the direct final rule that was published in the Federal Register on October 27, 2008 (73 FR 63621). This direct final rule amended the NRC's regulations to revise the NAC- UMS cask system listing to include Amendment No. 5 to Certificate of Compliance (CoC) No. 1015.
Special Conditions: Boeing Model 757 Series Airplanes; Seats with Non-Traditional, Large, Non-Metallic Panels
Document Number: E9-328
Type: Rule
Date: 2009-01-12
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for Boeing Model 757 series airplanes. These airplanes, as modified by American Airlines, Inc., will have a novel or unusual design feature associated with seats that include non-traditional, large, non-metallic panels that would affect survivability during a post-crash fire event. 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.
Airworthiness Directives; Bombardier Model DHC-8-102, -103, and -106 Airplanes and DHC-8-200, -300, and -400 Series Airplanes
Document Number: E9-323
Type: Proposed Rule
Date: 2009-01-12
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
Airworthiness Directives; Boeing Model 737-300, -400, -500, -600, -700, -700C, -800, and -900, and 747-400 Series Airplanes; and Model 757, 767, and 777 Airplanes
Document Number: E9-322
Type: Proposed Rule
Date: 2009-01-12
Agency: Federal Aviation Administration, Department of Transportation
This document revises an earlier supplemental notice of proposed rulemaking (NPRM), applicable to certain Boeing Model 737-300, -400, - 500, -600, -700, -700C, -800, and -900, and 747-400 series airplanes; and Model 757, 767, and 777 airplanes. The first supplemental NPRM would have required modifying the static inverter by replacing resistor R170 with a new resistor and relocating the new resistor. This new action revises the first supplemental NPRM by adding certain airplanes to the applicability, changing certain airplane groups, and adding certain part numbers. The actions specified by this second supplemental NPRM are intended to prevent a standby static inverter from overheating, which could result in smoke in the flight deck and cabin and loss of the electrical standby power system. This action is intended to address the identified unsafe condition.
Airworthiness Directives; Boeing Model 737-300, -400, and -500 Series Airplanes
Document Number: E9-314
Type: Proposed Rule
Date: 2009-01-12
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Boeing Model 737-300, -400, and -500 series airplanes. This proposed AD would require modifying the control power wiring of the normal supply fan and the low flow sensor for the equipment cooling system of the electronic flight instrument system (EFIS). This proposed AD results from a report of loss of both the normal EFIS cooling supply and the indication of EFIS cooling loss due to a single failure of the battery bus, causing eventual power-down of the EFIS displays; the standby attitude indication is also powered by this battery bus. We are proposing this AD to prevent loss of all attitude indications from both the standby indicator and EFIS displays, which could decrease the ability of the flightcrew to maintain the safe flight and landing of the airplane.
Airworthiness Directives; Boeing Model 767-200, -300, and -300F Series Airplanes
Document Number: E9-313
Type: Proposed Rule
Date: 2009-01-12
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Boeing Model 767-200, -300, and -300F series airplanes. This proposed AD would require repetitive inspections for fatigue cracking and corrosion of the upper link fuse pin of the nacelle struts, and related investigative and corrective actions if necessary. This proposed AD would also provide terminating action for the repetitive inspections. This proposed AD results from two reports of cracked upper link fuse pins. We are proposing this AD to prevent fatigue cracking or corrosion of the upper link fuse pin, which could result in failure of the fuse pin and consequent reduced structural integrity of the nacelle strut and possible separation of the strut and engine from the airplane during flight.
Airworthiness Directives; Boeing Model 747-200C and 747-200F Series Airplanes
Document Number: E9-312
Type: Proposed Rule
Date: 2009-01-12
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Boeing Model 747-200C and 747-200F series airplanes. This proposed AD would require installing larger moisture shrouds and additional drain lines in the electrical/electronic equipment center. This proposed AD results from reports of water contamination in the electrical/electronic units in the main equipment center. We are proposing this AD to prevent water contamination in the electrical/ electronic units in the main equipment center, which could result in an electrical short and potential loss of several functions essential for safe flight.
Oral Dosage Form New Animal Drugs; Phenylbutazone Tablets and Boluses
Document Number: E9-265
Type: Rule
Date: 2009-01-12
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a supplemental new animal drug application (NADA) filed by First Priority, Inc. The supplemental application provides for revising the description of a 1-gram oral dosage form of phenylbutazone from tablet to bolus.
Medicare Program; Prescription Drug Benefit Program: Payments to Sponsors of Retiree Prescription Drug Plans
Document Number: E9-151
Type: Proposed Rule
Date: 2009-01-12
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This proposed rule would make regulatory revisions based on a change in our interpretation of section 1860D-22(b) of the Social Security Act. We would interpret this provision as providing us with the authority to ``waive or modify'' statutory requirements pertaining to the Retiree Drug Subsidy (RDS) program in order to facilitate the offering of a prescription drug plan covering employees or retirees.
Medicare Program; Medicare Advantage and Prescription Drug Benefit Programs: Negotiated Pricing and Remaining Revisions
Document Number: E9-148
Type: Rule
Date: 2009-01-12
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This rule contains final regulations governing the Medicare Advantage (MA) program (Part C) and prescription drug benefit program (Part D), and interim final regulations governing certain aspects of the Retiree Drug Subsidy (RDS) Program, and reflecting new statutory definitions relating to Special Needs Plans under Part C. The final regulations revising the Part C and Part D regulations include provisions regarding medical savings account (MSA) plans, cost-sharing for dual eligible enrollees in the MA program, the prescription drug payment and novation processes in the Part D program, and the enrollment and appeals processes for both programs. This final rule with comment period also responds to public comments on the May 16, 2008 proposed rule and takes into account statutory revisions contained in the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA).
Approval and Promulgation of Air Quality Implementation Plans; the Metropolitan Washington Nonattainment Area; Determination of Attainment of the Fine Particle Standard
Document Number: E8-31305
Type: Rule
Date: 2009-01-12
Agency: Environmental Protection Agency
EPA is determining that the Metropolitan Washington, DC-MD-VA nonattainment area for the 1997 fine particle (PM2.5) National Ambient Air Quality Standard (NAAQS) has attained the 1997 PM2.5 NAAQS.
Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers
Document Number: E8-29584
Type: Proposed Rule
Date: 2009-01-12
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to amend the regulations for crewmember and dispatcher training programs in domestic, flag, and supplemental operations. The proposed regulations enhance traditional training programs by requiring the use of flight simulation training devices for flight crewmembers and including additional training requirements in areas that are critical to safety. The proposal also reorganizes and revises the qualification and training requirements. The proposed changes are intended to contribute significantly to reducing aviation accidents.
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