January 13, 2009 – Federal Register Recent Federal Regulation Documents

The Commission requests comments on a channel substitution proposed by Cadillac Telecasting Co. (``CTC''), the licensee of WFQX- DT, post-transition DTV channel 47, Cadillac, Michigan. CTC requests the substitution of DTV channel 32 for post-transition DTV channel 47 at Cadillac.

NMFS issues this final rule to revise regulations governing vessels authorized by the United States to fish for tuna and tuna-like species in the eastern tropical Pacific Ocean (ETP). This final rule updates and clarifies regulations promulgated by NMFS to implement the Marine Mammal Protection Act, the Tuna Conventions Act, the Dolphin Protection Consumer Information Act, and resolutions adopted by the Inter-American Tropical Tuna Commission (IATTC) and by the Parties to the Agreement on the International Dolphin Conservation Program (AIDCP). This rule modifies the procedures and requirements for the Vessel Register, the list of vessels authorized to fish for tuna and tuna-like species in the ETP. Requirements for the submission of certifications by importers are also revised. This rule is intended to clarify the regulations, facilitate management of U.S. vessels, and update the regulations to be consistent with resolutions adopted by the members of the IATTC and the Parties to the AIDCP.

Section 2703 of Title II of the Food, Conservation, and Energy Act of 2008 (the 2008 Act) (Pub. L. 110-246) reauthorizes the subsection on Regional Equity established under section 1241(d) of the Food Security Act of 1985 (16 U.S.C. 3841(d)), as amended (Regional Equity provision). The purpose of this provision is to give priority to certain states for certain conservation program funding. States eligible to receive funding through the Regional Equity provision are those that have not received, for a given fiscal year, an aggregate allocation of at least $15,000,000 from programs specified in the Regional Equity provision. In addition, States must have approved applications for financial and technical assistance under the specified programs in order to be eligible to receive funding. The Regional Equity programs are all of the conservation programs authorized by subtitle D, Title XII of the Food Security Act of 1985, 16 U.S.C. 3801 et seq., except for the Conservation Reserve Program, the Wetland Reserve Program, and the Conservation Security Program, which are excluded from the conservation programs affected by the Regional Equity provision. This interim final rule sets forth how the Natural Resources Conservation Service (NRCS), an agency of the U.S. Department of Agriculture (USDA), will implement the Regional Equity provision.

This action proposes to amend Class E airspace at Omaha, NE. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Blair Municipal Airport, Blair, NE. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) aircraft operations at Blair Municipal Airport. This action also would make minor changes to the geographic coordinates of the existing airports in the Omaha, NE, airspace area.

The Department of Energy (DOE) will hold an informal public meeting to discuss and receive comments on the product classes that DOE plans to analyze for purposes of amending energy conservation standards for certain residential heating products; the analytical framework, models, and tools that DOE is using to evaluate standards for these products; the results of preliminary analyses performed by DOE for these products; and potential energy conservation standard levels derived from these analyses that DOE could consider for these products. DOE also encourages written comments on these subjects. To inform stakeholders and facilitate this process, DOE has prepared an agenda, a preliminary Technical Support Document (preliminary-TSD), and briefing materials, all of which are available at: https://www.eere.energy.gov/ buildings/appliance_standards/residential/heating products.html.

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: Several cases of corrosion and damage on the Down Drive Shafts (DDS), between the Down Drive Gear Box (DDGB) and the Input Gear Box (IPGB), on all 10 Flap Tracks (5 per wing), have been reported by AIRBUS Long Range Operators. Investigations have revealed that corrosion and wear due to absence of grease in the spline interfaces could cause [DDS] disconnection which could result in a free movable flap surface, potentially leading to aircraft asymmetry or even flap detachment.The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI.

FRA is amending its statement of agency policy on the safety of railroad bridges. The policy outlines suggested criteria for railroads to use to ensure the structural integrity of bridges that carry railroad tracks. This amendment adds provisions that will guide railroads in developing their own implementing programs that will ensure conformity with the provisions of this policy.

EPA is approving the action of the Washington State Department of Ecology (Ecology) to address the provisions of Clean Air Act (CAA) section 110(a)(2)(D)(i) for the 8-hour ozone and PM2.5 National Ambient Air Quality Standards (NAAQS). CAA section 110(a)(2)(D)(i) requires each state to submit a State Implementation Plan (SIP) revision that prohibits emissions that adversely affect another state's air quality through interstate transport. EPA received no comments on its proposal to approve Ecology's SIP revision addressing these provisions. Therefore, EPA is finalizing its proposed approval of this revision for the State of Washington. Because EPA received adverse comments on its proposal to approve the SIP revision from the Idaho Department of Environmental Quality (IDEQ), EPA is not taking final action on the proposed approval for the State of Idaho at this time and will address those comments and take final action on IDEQ's submittal at a later date.

The FTC is amending Parts 3 and 4 of its Rules of Practice, 16 CFR Parts 3 and 4, in order to further expedite its adjudicative proceedings, improve the quality of adjudicative decision making, and clarify the respective roles of the Administrative Law Judge (``ALJ'') and the Commission in Part 3 proceedings.

In this document, the Commission clarifies several points regarding video programming distributors' obligations to close caption digital programming in light of technological changes inherent in the digital television transition for full-power broadcasting. The Commission also amends the closed captioning rules to provide for more efficient complaint processes and methods for consumers to contact distributors with concerns about closed captioning.

The Pipeline and Hazardous Materials Safety Administration (PHMSA), in coordination with the Federal Railroad Administration (FRA), is amending the Hazardous Materials Regulations to prescribe enhanced safety measures for rail transportation of poison inhalation hazard (PIH) materials, including interim design standards for railroad tank cars. Pending validation and implementation of the crashworthiness performance standard proposed in the NPRM issued under this docket on April 1, 2008, the rule mandates commodity-specific improvements in safety features and design standards for newly manufactured DOT specification tank cars. The rule also adopts a 50 mph speed restriction for loaded rail tank cars transporting PIH materials; an improved top fittings performance standard; an allowance to increase the gross weight of tank cars that meet the enhanced standards; and adoption of the industry standard for normalized steel in certain tank cars. The interim standards established in this rule will enhance the accident survivability of PIH tank cars when compared to existing regulations while providing tank car owners continued flexibility in car selection. Adoption of this interim standard will ensure the ongoing availability of tank cars while PHMSA and FRA complete research and testing on advanced tank car design to validate and implement a more stringent performance standard.