January 2009 – Federal Register Recent Federal Regulation Documents

Capital Classifications and Critical Capital Levels for the Federal Home Loan Banks
Document Number: E9-2083
Type: Rule
Date: 2009-01-30
Agency: Federal Housing Finance Agency
The Federal Housing Regulatory Reform Act, Division A of the Housing and Economic Recovery Act of 2008 (HERA), requires the Director of Federal Housing Finance Agency (FHFA) to establish criteria based on the amount and type of capital held by a Federal Home Loan Bank (Bank) for each of the following capital classifications: adequately capitalized, undercapitalized, significantly undercapitalized and critically undercapitalized. In addition, HERA provides that the critical capital level for each Bank shall be the amount of capital that the Director by regulation shall require. HERA also sets forth prompt corrective action (PCA) authority that the Director has for the Banks. To implement these new provisions, the FHFA is adopting this interim final rule to define critical capital for the Banks, establish the criteria for each of the capital classifications identified in HERA and delineate its PCA authority over the Banks.
Federal Acquisition Regulation; FAR Case 2007-013, Employment Eligibility Verification
Document Number: E9-2060
Type: Rule
Date: 2009-01-30
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
The Department of Defense, General Services Administration, and National Aeronautics and Space Administration have agreed to delay the applicability date of FAR Case 2007-013, Employment Eligibility Verification, to May 21, 2009.
Portfolio Holdings
Document Number: E9-2047
Type: Rule
Date: 2009-01-30
Agency: Federal Housing Finance Agency
The Federal Housing Finance Agency is issuing an interim final regulation to govern the portfolio holdings of the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac). Comments on the issues and questions set forth in the preamble are requested, and the agency will amend the rule as appropriate after considering comments.
Negotiated Rulemaking Advisory Committee for Off-Road Vehicle Management for Cape Hatteras National Seashore
Document Number: E9-2043
Type: Proposed Rule
Date: 2009-01-30
Agency: Department of the Interior, National Park Service
Notice is hereby given, in accordance with the Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770, 5 U.S.C. App 1, section 10), of the thirteenth meeting of the Negotiated Rulemaking Advisory Committee for Off-Road Vehicle Management at Cape Hatteras National Seashore.
Amendment to the Universal Waste Rule: Addition of Pharmaceuticals; Extension of Comment Period
Document Number: E9-2035
Type: Proposed Rule
Date: 2009-01-30
Agency: Environmental Protection Agency
EPA is announcing the extension of the comment period until March 4, 2009, on the proposed rule entitled, Amendment to the Universal Waste Rule: Addition of Pharmaceuticals published on December 2, 2008. The Agency is soliciting comments as described in that document on the proposed addition of hazardous pharmaceutical wastes to the federal universal waste program.
Formaldehyde Emissions from Pressed Wood Products; Extension of Comment Period and Notice of Sixth Public Meeting
Document Number: E9-2030
Type: Proposed Rule
Date: 2009-01-30
Agency: Environmental Protection Agency
EPA issued an advanced notice of proposed rulemaking (ANPR) in the Federal Register of December 3, 2008, describing EPA's initial steps to investigate and request comment, information, and data relating to formaldehyde emissions from pressed wood products. The ANPR also announced five public meetings that EPA scheduled in order to obtain additional stakeholder input. EPA is announcing today one additional public meeting to enable more complete public participation. Additionally, this document extends the comment period for 45 days, from February 2, 2009, to March 19, 2009. This extension is necessary to provide the public with an opportunity to provide additional and more thorough comments to the docket.
Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel in the Bering Sea and Aleutian Islands Management Area
Document Number: E9-2027
Type: Rule
Date: 2009-01-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Atka mackerel in the Eastern Aleutian District and the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI) for vessels participating in the BSAI trawl limited access fishery. This action is necessary to prevent exceeding the 2009 A season total allowable catch (TAC) of Atka mackerel in these areas for vessels participating in the BSAI trawl limited access fishery. NMFS is also announcing the opening and closing dates of the first and second directed fisheries within the harvest limit area (HLA) in Statistical Areas 542 and 543. These actions are necessary to conduct directed fishing for Atka mackerel in the HLA in areas 542 and 543.
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 610 in the Gulf of Alaska
Document Number: E9-2024
Type: Rule
Date: 2009-01-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for pollock in Statistical Area 610 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2009 total allowable catch (TAC) of pollock for Statistical Area 610 in the GOA.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Participating in the Amendment 80 Limited Access Fishery in Bering Sea and Aleutian Islands Management Area
Document Number: E9-2023
Type: Rule
Date: 2009-01-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is closing directed fishing for Pacific cod by vessels participating in the Amendment 80 limited access fishery in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2009 halibut bycatch allowance specified for the trawl Pacific cod fishery category by vessels participating in the Amendment 80 limited access fishery in the BSAI.
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 630 in the Gulf of Alaska
Document Number: E9-2022
Type: Rule
Date: 2009-01-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for pollock in Statistical Area 630 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2009 total allowable catch (TAC) of pollock for Statistical Area 630 in the GOA.
Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan
Document Number: E9-2018
Type: Rule
Date: 2009-01-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Assistant Administrator for Fisheries (AA), NOAA, announces temporary restrictions consistent with the requirements of the Atlantic Large Whale Take Reduction Plan's (ALWTRP) implementing regulations. These regulations apply to lobster trap/pot and anchored gillnet fishermen for 15 days in an area totaling approximately 1,725 nm\2\ (5,917 km\2\) east of Portsmouth, New Hampshire. The purpose of this action is to provide protection to an aggregation of North Atlantic right whales (right whales).
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Closure
Document Number: E9-2017
Type: Rule
Date: 2009-01-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS closes the commercial run-around gillnet fishery for king mackerel in the exclusive economic zone (EEZ) in the southern Florida west coast subzone. This closure is necessary to protect the Gulf king mackerel resource.
Reserve Requirements of Depository Institutions
Document Number: E9-1996
Type: Proposed Rule
Date: 2009-01-30
Agency: Federal Reserve System, Agencies and Commissions
The Board is requesting public comment on proposed amendments to Regulation D, Reserve Requirements of Depository Institutions, to authorize the establishment of limited-purpose accounts at Federal Reserve Banks (``Reserve Banks'') for the maintenance of excess balances of eligible institutions (both as defined in Regulation D). These excess balance accounts (``EBAs'') would contain only the excess balances of the eligible institutions participating in such accounts, although the participating eligible institutions (``EBA Participants'') would authorize another institution (``EBA Agent'') to manage the EBA on their behalf. The authorization of EBAs is intended to allow eligible institutions to earn interest on their excess balances at the excess balance rate in an account relationship directly with the Federal Reserve Bank as counterparty without disrupting established business relationships with their correspondents. Continuing strains in financial markets and the configuration of interest rates support the implementation of EBAs; however, the Board will evaluate the continuing need for EBAs when more normal market functioning is restored. The Board seeks comment on all aspects of the proposal.
Income Level for Individuals Eligible for Assistance
Document Number: E9-1851
Type: Rule
Date: 2009-01-30
Agency: Legal Services Corporation, Agencies and Commissions
The Legal Services Corporation (``Corporation'') is required by law to establish maximum income levels for individuals eligible for legal assistance. This document updates the specified income levels to reflect the annual amendments to the Federal Poverty Guidelines as issued by the Department of Health and Human Services.
National Motor Vehicle Title Information System (NMVTIS)
Document Number: E9-1835
Type: Rule
Date: 2009-01-30
Agency: Department of Justice
The National Motor Vehicle Title Information System (NMVTIS) has been established pursuant to 49 U.S.C. 30502 and has the participation, or partial participation, of at least 36 states. The purpose of NMVTIS is to assist in efforts to prevent the introduction or reintroduction of stolen motor vehicles into interstate commerce, protect states and individual and commercial consumers from fraud, reduce the use of stolen vehicles for illicit purposes including fundraising for criminal enterprises, and provide consumer protection from unsafe vehicles. This rule implements the NMVTIS reporting requirements imposed on junk yards, salvage yards, and insurance carriers pursuant to 49 U.S.C. 30504(c). This rule also clarifies the process by which NMVTIS will be funded and clarifies the various responsibilities of the operator of NMVTIS, states, junk yards, salvage yards, and insurance carriers regarding NMVTIS.
Revisions of Regulations Concerning Procedures for Electronic Filing
Document Number: E9-1832
Type: Rule
Date: 2009-01-30
Agency: National Labor Relations Board, Agencies and Commissions
The Board is amending regulations concerning the procedures for filing documents with the Agency electronically. The revisions provide that when the document being filed electronically is required to be served on another party to the proceeding, the other party shall be served by electronic mail (e- mail), if possible. If electronic service is not possible, the other party shall be notified by telephone of the substance of the transmitted document and a copy of the document shall be served personally, or by registered mail, certified mail, regular mail, or private delivery service, or, with the consent of the other party, by facsimile transmission.
Bank Enterprise Award Program
Document Number: E9-1575
Type: Rule
Date: 2009-01-30
Agency: Community Development Financial Institutions Fund, Department of Treasury, Department of the Treasury
The Department of the Treasury is issuing an interim rule implementing the Bank Enterprise Award (BEA) Program administered by the Community Development Financial Institutions Fund (Fund). The mission of the CDFI Fund is to increase the capacity of financial institutions to provide capital, credit and financial services in underserved markets. Its long-term vision is an America in which all people have access to affordable credit, capital and financial services. The purpose of the BEA Program is to provide an incentive to insured depository institutions to increase their activities in the form of loans, investments, services, and technical assistance, within Distressed Communities and provide financial assistance to Community Development Financial Institutions (CDFIs) through grants, stock purchases, loans, deposits, and other forms of financial and technical assistance. This interim rule: amends and simplifies select application requirements, and adds the requirement that BEA award funds be used for BEA Qualified Activities.
Sale and Disposal of National Forest System Timber; Special Forest Products and Forest Botanical Products
Document Number: E9-1960
Type: Rule
Date: 2009-01-29
Agency: Department of Agriculture, Forest Service
In accordance with the memorandum of January 20, 2009, from the Assistant to the President and Chief of Staff, entitled ``Regulatory Review,'' published in the Federal Register on January 26, 2009, the Department is delaying the effective date and opening for public comment, the rule published on December 29, 2008. This rule regulates the sustainable free use, commercial harvest, and sale of special forest products and forest botanical products from National Forest System lands. The December rule was originally set to take effect January 28, 2009.
Endangered and Threatened Species; Critical Habitat for the Endangered Distinct Population Segment of Smalltooth Sawfish
Document Number: E9-1956
Type: Proposed Rule
Date: 2009-01-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
On November 20, 2008, NMFS proposed to designate critical habitat for the endangered U.S. distinct population segment (DPS) of smalltooth sawfish. As part of that proposal, NMFS provided a 60-day public comment period, ending on January 20, 2009. Additionally, NMFS held two public hearings in Cape Coral and Naples, FL in January 2009. NMFS has received requests for an extension of the public comment period. In response to these requests, NMFS is reopening the public comment period for the proposed action.
Amendment of the Schedule of Application Fees Set
Document Number: E9-1945
Type: Rule
Date: 2009-01-29
Agency: Federal Communications Commission, Agencies and Commissions
The Commission makes rule changes to Part 1 of the Commission's rules, and amends its Schedule of Application Fees to adjust its fees for processing applications and other filings.
Rules of Practice in Proceedings Relative to Mailing Hazardous Materials
Document Number: E9-1864
Type: Proposed Rule
Date: 2009-01-29
Agency: Postal Service, Agencies and Commissions
The Postal Accountability and Enhancement Act requires the Postal Service to prescribe regulations for the safe transportation of hazardous materials in the mail, and to prescribe regulations for the conduct of proceedings to determine the implementation of civil penalties, clean-up costs and damages for violations of these hazardous materials regulations. Accordingly, the Postal Service proposes to adopt new rules of practice for its Office of the Judicial Officer.
New Standards for Domestic Mailing Services
Document Number: E9-1862
Type: Proposed Rule
Date: 2009-01-29
Agency: Postal Service, Agencies and Commissions
In February 2009, the Postal Service will file a notice of mailing services price adjustments with the Postal Regulatory Commission, effective in May 2009. This proposed rule provides the mailing standards that would accompany new prices in 2009 and 2010.
Subsistence Management Regulations for Public Lands in Alaska-2010-11 and 2011-12 Subsistence Taking of Wildlife Regulations
Document Number: E9-1593
Type: Proposed Rule
Date: 2009-01-29
Agency: Department of Agriculture, Forest Service, Fish and Wildlife Service, Department of the Interior
This proposed rule would establish regulations for hunting and trapping seasons, harvest limits, methods, and means related to taking of wildlife for subsistence uses during the 2010-11 and 2011-12 regulatory years. The Federal Subsistence Board completes the biennial process of revising subsistence hunting and trapping regulations in even-numbered years and subsistence fishing and shellfish regulations in odd-numbered years; public proposal and review processes take place during the preceding year. The Board also addresses customary and traditional use determinations during the applicable biennial cycle. When final, the resulting rulemaking will replace the existing subsistence wildlife taking regulations, which expire on June 30, 2010. This rule would also amend the customary and traditional use determinations of the Federal Subsistence Board and the general regulations on subsistence taking of fish and wildlife.
Maritime Communications
Document Number: E9-1536
Type: Rule
Date: 2009-01-29
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communications Commission (Commission or FCC) adopts additional measures for domestic implementation of Automatic Identification Systems (AIS), an advanced marine vessel tracking and navigation technology that can significantly enhance our Nation's homeland security as well as maritime safety. Specifically, in the Second Report and Order in WT Docket No. 04-344, the Commission designates maritime VHF Channel 87B (161.975 MHz) for exclusive AIS use throughout the Nation, while providing a replacement channel for those geographic licensees that are currently authorized to use Channel 87B in an inland VHF Public Coast (VPC) service area (VPCSA); determines that only Federal Government (Federal) entities should have authority to operate AIS base stations, obviating any present need for the Commission to adopt licensing, operational, or equipment certification rules for such stations; and requires that Class B AIS shipborne deviceswhich have somewhat reduced functionality vis-[agrave]-vis the Class A devices that are carried by vessels required by law to carry AIS equipment, and are intended primarily for voluntary carriage by recreational and other non- compulsory vesselscomply with the international standard for such equipment, while also mandating additional safeguards to better ensure the accuracy of AIS data transmitted from Class B devices. These measures will facilitate the establishment of an efficient and effective domestic AIS network, and will optimize the navigational and homeland security benefits that AIS offers.
Golden Parachute Payments
Document Number: E9-1517
Type: Rule
Date: 2009-01-29
Agency: Federal Housing Finance Agency
The Federal Housing Finance Agency (FHFA) is issuing a final regulation that sets forth factors to be considered by the Director of FHFA in acting upon the Director's authority to limit golden parachute payments to entity-affiliated parties in connection with the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and the Federal Home Loan Banks.
Pipeline Posting Requirements Under Section 23 of the Natural Gas Act
Document Number: E9-1468
Type: Rule
Date: 2009-01-29
Agency: Department of Energy, Federal Energy Regulatory Commission
On November 20, 2008, the Federal Energy Regulatory Commission issued a Final Rule in Order No. 720 which amended part 284 of its regulations to require, in relevant part, major non-interstate natural gas pipelines to post, on a daily basis, certain information regarding scheduled volumes in natural gas to be transported. The date for major non-interstate pipelines to comply with the requirements of Order No. 720 is being extended at the request of the American Gas Association.
Tax Return Preparer Penalties Under Sections 6694 and 6695; Correction
Document Number: E9-1095
Type: Rule
Date: 2009-01-29
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains corrections to final regulations (TD 9436) that were published in the Federal Register on Monday, December 22, 2008 (73 FR 78430) implementing amendments to the tax return preparer penalties under sections 6694 and 6695 of the Internal Revenue Code and related provisions under sections 6060, 6107, 6109, 6696, and 7701(a)(36) reflecting amendments to the Code made by section 8246 of the Small Business and Work Opportunity Tax Act of 2007 and section 506 of the Tax Extenders and Alternative Minimum Tax Relief Act of 2008. The final regulations affect tax return preparers and provide guidance regarding the amended provisions.
Unfair or Deceptive Acts or Practices
Document Number: E8-31186
Type: Rule
Date: 2009-01-29
Agency: Federal Reserve System, Agencies and Commissions, National Credit Union Administration, Department of the Treasury, Office of Thrift Supervision
The Board, OTS, and NCUA (collectively, the Agencies) are exercising their authority under section 5(a) of the Federal Trade Commission Act to prohibit unfair or deceptive acts or practices. The final rule prohibits institutions from engaging in certain acts or practices in connection with consumer credit card accounts. The final rule relates to other Board rules under the Truth in Lending Act, which are published elsewhere in today's Federal Register. Because the Board has proposed new rules regarding overdraft services for deposit accounts under the Electronic Fund Transfer Act elsewhere in today's Federal Register, the Agencies are not taking action on overdraft services at this time. A secondary basis for OTS's rule is the Home Owners' Loan Act.
Truth in Lending
Document Number: E8-31185
Type: Rule
Date: 2009-01-29
Agency: Federal Reserve System, Agencies and Commissions
The Board is amending Regulation Z, which implements the Truth in Lending Act (TILA), and the staff commentary to the regulation, following a comprehensive review of TILA's rules for open-end (revolving) credit that is not home-secured. Consumer testing was conducted as a part of the review. Except as otherwise noted, the changes apply solely to open-end credit. Disclosures accompanying credit card applications and solicitations must highlight fees and reasons penalty rates might be applied, such as for paying late. Creditors are required to summarize key terms at account opening and when terms are changed. Specific fees are identified that must be disclosed to consumers in writing before an account is opened, and creditors are given flexibility regarding how and when to disclose other fees imposed as part of the open-end plan. Costs for interest and fees are separately identified for the cycle and year to date. Creditors are required to give 45 days' advance notice prior to certain changes in terms and before the rate applicable to a consumer's account is increased as a penalty. Rules of general applicability such as the definition of open-end credit, dispute resolution procedures, and payment processing limitations apply to all open-end plans, including home-equity lines of credit. Rules regarding the disclosure of debt cancellation and debt suspension agreements are revised for both closed-end and open-end credit transactions. Loans taken against employer-sponsored retirement plans are exempt from TILA coverage.
Electronic Fund Transfers
Document Number: E8-31184
Type: Proposed Rule
Date: 2009-01-29
Agency: Federal Reserve System, Agencies and Commissions
The Board is proposing to amend Regulation E, which implements the Electronic Fund Transfer Act, and the official staff commentary to the regulation, which interprets the requirements of Regulation E. The proposal would limit the ability of a financial institution to assess an overdraft fee for paying automated teller machine (ATM) withdrawals and one-time debit card transactions that overdraw a consumer's account, unless the consumer is given notice of the right to opt out of the payment of such overdrafts, and the consumer does not opt out. As an alternative approach, the proposal would limit the ability of a financial institution to assess an overdraft fee for paying ATM withdrawals and one-time debit card transactions that overdraw a consumer's account, unless the consumer affirmatively consents, or opts in, to the institution's payment of overdrafts for these transactions. In addition, the proposal would prohibit financial institutions from assessing an overdraft fee if the overdraft would not have occurred but for a debit hold placed on funds in the consumer's account that exceeds the actual amount of the transaction.
Truth in Savings
Document Number: E8-31183
Type: Rule
Date: 2009-01-29
Agency: Federal Reserve System, Agencies and Commissions
The Federal Reserve Board (Board) is amending Regulation DD, which implements the Truth in Savings Act, and the official staff commentary to the regulation to require all depository institutions to disclose aggregate overdraft fees on periodic statements, and not solely institutions that promote the payment of overdrafts. The final rule also addresses balance disclosures provided to consumers through automated systems. In addition, the Board is separately issuing a proposed rulemaking, published in today's Federal Register, to incorporate the notice requirements into Regulation E that were previously proposed under Regulation DD.
Standards of Performance for Fossil-Fuel-Fired Steam Generators for Which Construction Is Commenced After August 17, 1971; Standards of Performance for Electric Utility Steam Generating Units for Which Construction Is Commenced After September 18, 1978; Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units; and Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units
Document Number: E9-523
Type: Rule
Date: 2009-01-28
Agency: Environmental Protection Agency
EPA is amending the new source performance standards (NSPS) for electric utility steam generating units and industrial-commercial- institutional steam generating units. These amendments to the regulations are to add compliance alternatives for owners and operators of certain affected sources, eliminate the opacity standard for facilities with a particulate matter (PM) limit of 0.030 lb/million British thermal units (MMBtu) or less that choose to voluntarily install and use PM continuous emission monitors (CEMS) to demonstrate compliance with that limit, and to correct technical and editorial errors.
Television Broadcasting Services; Rio Grande City, TX
Document Number: E9-1813
Type: Rule
Date: 2009-01-28
Agency: Federal Communications Commission, Agencies and Commissions
The Commission grants a petition for rulemaking filed by Sunbelt Multimedia Co., licensee of station KTLM-DT, to substitute DTV channel 40 for post-transition DTV channel 20 at Rio Grande City, Texas.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Alabama Sturgeon (Scaphirhyncus suttkusi)
Document Number: E9-1455
Type: Proposed Rule
Date: 2009-01-28
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the extension of the public comment period on the proposed revised designation of critical habitat for the Alabama sturgeon (Scaphirhyncus suttkusi) under the Endangered Species Act of 1973, as amended (Act). We are extending the comment period to allow all interested parties an opportunity to comment simultaneously on the revised proposed rule, the associated draft economic analysis, and the amended required determinations following a public hearing that will take place January 28, 2009.
Regulation CC; Docket No. R-1348; Availability of Funds and Collection of Checks
Document Number: E9-1421
Type: Rule
Date: 2009-01-28
Agency: Federal Reserve System, Agencies and Commissions
The Board of Governors (Board) is amending the routing number guide to next-day availability checks and local checks in Regulation CC to delete the reference to the Charlotte branch office of the Federal Reserve Bank of Richmond and to reassign the Federal Reserve routing symbols currently listed under that office to the head office of the Federal Reserve Bank of Atlanta. These amendments reflect the restructuring of check-processing operations within the Federal Reserve System.
Westinghouse Electric Company LLC; Consideration of Petition in Rulemaking Process
Document Number: E9-1372
Type: Proposed Rule
Date: 2009-01-28
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) will consider the issues raised in a petition for rulemaking (PRM) submitted by Westinghouse Electric Company LLC (petitioner) in the NRC's rulemaking process. The petition was dated November 4, 1999, and was docketed as PRM-50-69. The petitioner requested that Table 1 in 10 CFR Part 50, Appendix G, be amended by removing requirements related to the metal temperature of the closure head flange and vessel flange regions. Specifically, the petitioner requested that footnotes (2) and (6) be removed from Table 1.
Medicaid Program; Premiums and Cost Sharing
Document Number: E9-1771
Type: Rule
Date: 2009-01-27
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
In accordance with the memorandum of January 20, 2009, from the Assistant to the President and Chief of Staff, entitled ``Regulatory Review Plan,'' this action temporarily delays for 60 days the effective date of the final rule entitled ``Medicaid Program; Premiums and Cost Sharing'' (73 FR 71828). The temporary 60-day delay in effective date is necessary to give Department officials the opportunity for further review and consideration of new regulations. In addition, this action reopens the comment period on the policies set out in the November 25, 2008 final rule.
Taking and Importing Marine Mammals; U.S. Navy's Atlantic Fleet Active Sonar Training (AFAST)
Document Number: E9-1706
Type: Rule
Date: 2009-01-27
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 activities conducted off the U.S. Atlantic Coast and in the Gulf of Mexico for the period of January 2009 through January 2014. The Navy's activities are considered military readiness activities pursuant to the Marine Mammal Protection Act (MMPA), as amended by the National Defense Authorization Act for Fiscal Year 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.
National Oil and Hazardous Substance Pollution Contingency Plan National Priorities List
Document Number: E9-1705
Type: Proposed Rule
Date: 2009-01-27
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) Region 3 is issuing a Notice of Intent to Delete former Wetland Areas B and C of the Rentokil, Inc. Superfund Site (Site) located in Henrico County, Virginia, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is found at Appendix B of 40 CFR part 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the Commonwealth of Virginia, through the Virginia Department of Environmental Quality, have determined that all appropriate response actions at these identified parcels under CERCLA, other than operation and maintenance and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund. This partial deletion pertains to the soil and sediment of former Wetland Areas B and C and the ground water at former Wetland Area C. The remaining areas/media will remain on the NPL and are not being considered for deletion as part of this action.
National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List
Document Number: E9-1704
Type: Rule
Date: 2009-01-27
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) Region 3 is publishing a direct final Notice of Partial Deletion of former Wetland Areas B and C of the Rentokil, Inc. (Virginia Wood Preserving Division) Superfund Site (Site), located in Henrico County, near the city of Richmond, Virginia, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is Appendix B of 40 CFR part 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final partial deletion is being published by EPA with the concurrence of the Commonwealth of Virginia, through the Virginia Department of Environmental Quality (VDEQ) because EPA has determined that all appropriate response actions at these identified parcels under CERCLA, other than operation and maintenance and five-year reviews, have been completed. However, this partial deletion does not preclude future actions under Superfund. This partial deletion pertains to the soil and sediment of former Wetland Areas B and C and the ground water at former Wetland Area C. The remaining areas and media of the Site will remain on the NPL and are not being considered for deletion as part of this action.
Insurance Claims Process Changes
Document Number: E9-1645
Type: Proposed Rule
Date: 2009-01-27
Agency: Postal Service, Agencies and Commissions
The Postal Service proposes to revise its regulations governing the processing and adjudication of domestic mail insurance claims in order to streamline the claims process and to provide customers with more consistent service.
Implementation of Short-Term Analog Flash and Emergency Readiness Act; Establishment of DTV Transition “Analog Nightlight” Program
Document Number: E9-1543
Type: Rule
Date: 2009-01-27
Agency: Federal Communications Commission, Agencies and Commissions
With this document, the Commission implements the Short-term Analog Flash and Emergency Readiness Act, Public Law 110-459, 122 Stat. 5121 (2008). The Analog Nightlight Act requires the Commission to develop and implement a program by January 15, 2009, to ``encourage and permit'' continued analog TV service for a period of 30 days after the February 17, 2009 DTV transition date, to the extent technically feasible, for the purpose of providing emergency and DTV transition information to viewers who may not obtain the necessary equipment to receive digital broadcasts by the transition deadline. The Act intends to provide short-term assistance to viewers as the nation transitions from analog to digital television service. This document adopts the policies to implement this Act and the analog nightlight program.
Solid Waste Rail Transfer Facilities
Document Number: E9-1304
Type: Rule
Date: 2009-01-27
Agency: Surface Transportation Board, Department of Transportation
The Clean Railroads Act of 2008 (Clean Railroads Act or CRA), enacted to remove from the jurisdiction of the Surface Transportation Board (Board or STB) the regulation of solid waste rail transfer facilities, except as provided for in that act. The Clean Railroads Act adds new sections to title 49 of the United States Code which limit the Board's authority with regard to solid waste rail transfer facilities to the issuance of land-use-exemption permits. Upon receiving a land- use-exemption permit, a solid waste rail transfer facility need not comply with state laws, regulations, orders, and other requirements affecting the siting of the facility, as those state laws, regulations, orders and requirements would be preempted under these circumstances. The Clean Railroads Act also requires that the Board issue procedures governing the submission and review of applications for land-use- exemption permits and related filings.
Refinement of Income and Rent Determination Requirements in Public and Assisted Housing Programs; Final Rule
Document Number: E9-1248
Type: Rule
Date: 2009-01-27
Agency: Department of Housing and Urban Development
This final rule revises HUD's public and assisted housing program regulations to implement the upfront income verification (UIV) process and to require the use of HUD's Enterprise Income Verification (EIV) system by public housing agencies (PHAs), and multifamily housing owners and management agents (O/As), when verifying the employment and income of program participants at the time of all reexaminations or recertifications. This final rule will ensure that deficiencies in public and assisted housing rental determinations are identified and cured. This final rule is consistent with HUD's comprehensive strategy under the Rental Housing Integrity Improvement Project (RHIIP) initiative to reduce the number and dollar amount of errors in HUD's rental assistance programs. This final rule follows publication of a June 19, 2007, proposed rule, and makes certain changes at this final rule stage in response to public comment and further consideration of certain issues by HUD.
Medicare Program; Changes to the Hospital Outpatient Prospective Payment System and CY 2009 Payment Rates; Changes to the Ambulatory Surgical Center Payment System and CY 2009 Payment Rates; Hospital Conditions of Participation: Requirements for Approval and Re-Approval of Transplant Centers To Perform Organ Transplants-Clarification of Provider and Supplier Termination Policy Medicare and Medicaid Programs: Changes to the Ambulatory Surgical Center Conditions for Coverage
Document Number: E9-1519
Type: Rule
Date: 2009-01-26
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This document corrects technical errors that appeared in the final rule with comment period published in the Federal Register on November 18, 2008, entitled ``Medicare Program; Changes to the Hospital Outpatient Prospective Payment System and CY 2009 Payment Rates; Changes to the Ambulatory Surgical Center Payment System and CY 2009 Payment Rates; Hospital Conditions of Participation: Requirements for Approval and Re-Approval of Transplant Centers To Perform Organ TransplantsClarification of Provider and Supplier Termination Policy Medicare and Medicaid Programs: Changes to the Ambulatory Surgical Center Conditions for Coverage'' (hereinafter referred to as the CY 2009 OPPS/ASC final rule with comment period).
Mechanical and Digital Phonorecord Delivery Rate Determination Proceeding
Document Number: E9-1443
Type: Rule
Date: 2009-01-26
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are announcing their final determination of the rates and terms for the use of musical works in physical phonorecords, permanent downloads, and ringtones and are adopting as final regulations the rates and terms for the use of musical works in limited downloads, interactive streaming, and incidental digital phonorecord deliveries.
Amendments to Various National Indian Gaming Commission Regulations
Document Number: E9-1346
Type: Proposed Rule
Date: 2009-01-26
Agency: Department of the Interior, National Indian Gaming Commission
The National Indian Gaming Commission (``NIGC'') announces the extension of the comment period on the proposed rule concerning various amendments to the National Indian Gaming Commission regulations. The proposed rule was published in the Federal Register on December 22, 2008 (73 FR 78242). The NIGC is extending the comment period to March 9, 2009.
Request for Public Comment Concerning Regulations for Transferring Children From the Placement and Care Responsibility of a State Title IV-E Agency to a Tribal Title IV-E Agency and Tribal Share of Title IV-E Administration and Training Expenditures
Document Number: E9-1338
Type: Proposed Rule
Date: 2009-01-26
Agency: Department of Health and Human Services, Administration for Children and Families, Children and Families Administration
Effective October 1, 2009, Public Law 110-351 provides Indian Tribes with the option to operate a foster care, adoption assistance and, at tribal option, a kinship guardianship assistance program under title IV-E of the Social Security Act (the Act). The Federal government would share in the costs of Tribes operating an ACF-approved title IV-E program. Public Law 110-351 requires that ACF develop interim final rules after consulting with Tribes and affected States on the implementation of the tribal plan requirements in section 479B of the Act and other amendments made by the Tribal provisions in section 301 of Public Law 110-351. The law requires that such regulations include: (1) Procedures to ensure that a transfer of State or Tribal responsibility for the placement and care of a child under a State title IV-E plan to a Tribal title IV-E plan occurs in a manner that does not affect the child's eligibility for title IV-E or title XIX Medicaid and such services or payments; and, (2) the in-kind expenditures from third-party sources permitted for the Tribal share of administration and training expenditures under title IV-E. This notice is designed to provide a written opportunity for comment to all interested persons and notify Tribal leaders of in-person opportunities to consult with the Children's Bureau on the development of these regulations.
Special Conditions: Model C-27J Airplane; Interaction of Systems and Structures
Document Number: E9-1327
Type: Proposed Rule
Date: 2009-01-26
Agency: Federal Aviation Administration, Department of Transportation
This action proposes special conditions for the Alenia Model C-27J airplane. This airplane has novel or unusual design features when compared to the state of technology described in the airworthiness standards for transport-category airplanes. These design features include electronic flight-control systems. These special conditions pertain to the effects of novel or unusual design features such as effects on the structural performance of the airplane. We have issued additional special conditions for other novel or unusual design features of the C-27J. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed 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.
Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets
Document Number: E9-1286
Type: Rule
Date: 2009-01-26
Agency: Federal Communications Commission, Agencies and Commissions
In the Second Order on Reconsideration, the Commission denies a petition for reconsideration or, in the alternative, clarification filed by T-Mobile USA, Inc. with respect to the Commission's Secondary Markets Second Report and Order (Second R&O) in this proceeding.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.