February 6, 2009 – Federal Register Recent Federal Regulation Documents

Subsistence Management Regulations for Public Lands in Alaska-2010-11 and 2011-12 Subsistence Taking or Wildlife Regulations
Document Number: E9-2608
Type: Proposed Rule
Date: 2009-02-06
Agency: Department of Agriculture, Forest Service, Fish and Wildlife Service, Department of the Interior
In accordance with the January 20, 2009, memorandum ``Regulatory Review,'' signed by Chief of Staff Rahm Emanuel, we, the U.S. Forest Service and U.S. Fish and Wildlife Service, withdraw our proposed rule published January 29, 2009, to establish regulations for hunting and trapping seasons, harvest limits, methods, and means related to taking of wildlife for subsistence uses in Alaska during the 2010-11 and 2011-12 regulatory years.
Magnuson-Stevens Act Provisions; Interjurisdictional Fisheries Act; Disaster Assistance Programs; Fisheries Assistance Programs
Document Number: E9-2587
Type: Proposed Rule
Date: 2009-02-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS extends the public comment period on the proposed rule to govern the requests for determinations of fishery resource disasters as a basis for acquiring potential disaster assistance. NMFS has received requests to extend the comment period for the proposed rule beyond its current 30-day comment period. The extension of the comment period for another 2 months is intended to ensure that NMFS provides adequate time for various stakeholders and other members of the public to comment on the proposed regulations to govern initiating and responding to requests for fisheries disaster assistance. The comment period of the January 15, 2009 (74 FR 2467) rule is extended from February 17, 2009, to April 20, 2009.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 16
Document Number: E9-2583
Type: Proposed Rule
Date: 2009-02-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this proposed rule to implement Amendment 16 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP)(Amendment 16), as prepared and submitted by the South Atlantic Fishery Management Council (Council). This proposed rule would establish a seasonal closure of the recreational and commercial fisheries for gag and associated grouper species; establish a seasonal closure of the recreational fishery for vermilion snapper; reduce the aggregate bag limit for grouper and tilefish; reduce the bag limit for gag or black grouper combined; reduce the bag limit for vermilion snapper; prohibit captain and crew of a vessel operating as a charter vessel or headboat from retaining any fish under the aggregate bag limit for grouper and tilefish or the vermilion snapper bag limit; establish semiannual quotas for the commercial vermilion snapper fishery; establish a quota for the commercial gag fishery; establish restrictions on the possession, sale, and purchase of gag and associated grouper species after the gag commercial quota is reached; and require possession of a venting tool and dehooking device on board a vessel when fishing for South Atlantic snapper-grouper and use of such tools as needed to accomplish release of fish with minimum injury. In addition, Amendment 16 proposes, for both gag and vermilion snapper, to revise the definitions of maximum sustainable yield (MSY) and optimum yield (OY), specify total allowable catch (TAC), and establish interim allocations of TACs for the recreational and commercial sectors. Amendment 16 also proposes to specify a minimum stock size threshold (MSST) for gag and, for the new assessment, for vermilion snapper. The intended effects of this proposed rule are to end overfishing of gag and vermilion snapper, protect shallow-water grouper during their spawning season, and reduce bycatch of snapper-grouper species in the South Atlantic.
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Space Vehicle and Test Flight Activities from Vandenberg Air Force Base (VAFB), California
Document Number: E9-2582
Type: Rule
Date: 2009-02-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS, upon application from the U.S. Air Force (USAF), is issuing regulations to govern the unintentional taking of marine mammals, by harassment, incidental to launching space launch vehicles, intercontinental ballistic and small missiles, and aircraft and helicopter operations at VAFB for the period February 2009 through February 2014. The USAF's 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 time frames, prescribe the permissible methods of taking and other means of effecting 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.
Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Specifications and Management Measures
Document Number: E9-2581
Type: Rule
Date: 2009-02-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This action implements 2009 specifications and management measures for Atlantic mackerel, squid, and butterfish (MSB), and modifies existing management measures. Specifically, this action maintains quotas for Atlantic mackerel (mackerel), Illex squid (Illex), and butterfish at the same levels as 2008, while increasing the quota for Loligo squid (Loligo). Additionally, this action increases the incidental possession limit for mackerel and allows for the possibility of an inseason adjustment to increase the mackerel quota, if landings approach harvest limits. These specifications and management measures promote the utilization and conservation of the MSB resource.
Television Broadcasting Services; Montgomery, AL
Document Number: E9-2573
Type: Rule
Date: 2009-02-06
Agency: Federal Communications Commission, Agencies and Commissions
The Commission grants a petition for rulemaking filed by Woods Communications Corporation, the permittee of station WCOV-DT, to substitute DTV channel 20 for its assigned post-transition DTV channel 16 at Montgomery, Alabama.
Television Broadcasting Services; Clovis, NM
Document Number: E9-2572
Type: Rule
Date: 2009-02-06
Agency: Federal Communications Commission, Agencies and Commissions
The Commission grants a petition for rulemaking filed by Barrington Amarillo License LLC, the permittee of station KVIH-DT, to substitute DTV channel 12 for its assigned post-transition DTV channel 20 at Clovis, New Mexico.
Television Broadcasting Services; Danville, KY
Document Number: E9-2571
Type: Rule
Date: 2009-02-06
Agency: Federal Communications Commission, Agencies and Commissions
The Commission grants a petition for rulemaking filed by WDKY Licensee, LLC, the licensee of station WDKY-DT, to substitute DTV channel 31 for its assigned post-transition DTV channel 4 at Danville, Kentucky.
Improving Public Safety Communications in the 800 MHz Band; County of Chester, PA and Sprint Nextel Corporation; City of Chesapeake, VA and Sprint Nextel Corporation
Document Number: E9-2568
Type: Rule
Date: 2009-02-06
Agency: Federal Communications Commission, Agencies and Commissions
On December 23, 2008, the Commission addressed the June 25, 2008 request by Sprint Nextel Corporation (Sprint) to defer the 800 MHz rebanding financial ``true-up'' process until after rebanding is completed. The Commission concluded that the true-up should be deferred until additional progress in rebanding has occurred, and therefore postponed the true-up date from December 26, 2008 to July 1, 2009. The Commission also directed the 800 MHz Transition Administrator (TA) to file a report by May 1, 2009, with its recommendation on whether the true-up should be conducted on July 1, 2009 or postponed to a later date.
TRICARE; Hospital Outpatient Prospective Payment System (OPPS): Delay of Effective Date and Additional Opportunity for Public Comment
Document Number: E9-2562
Type: Rule
Date: 2009-02-06
Agency: Office of the Secretary, Department of Defense
On December 10, 2008, DoD published a final rule implementing the TRICARE Hospital Outpatient Prospective Payment System (OPPS), with an effective date of February 9, 2009 (73 FR 74945). Since that date, DoD has determined that in order for administrative claims processing procedures to be fully in place to implement effectively the new OPPS payments, TRICARE's OPPS will begin to apply to health care services provided on or after May 1, 2009. In the meantime, a 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, calls for agencies to consider delaying effective dates of rules not yet effective and inviting new public comment. In view of both of these developments, the Department is delaying the effective date of TRICARE's OPPS until May 1, 2009, and is inviting additional public comment on the final rule. Any timely public comments received will be considered and any changes to the final rule will be published in the Federal Register.
Regulation of Fuels and Fuel Additives: Gasoline and Diesel Fuel Test Methods
Document Number: E9-2560
Type: Rule
Date: 2009-02-06
Agency: Environmental Protection Agency
Because EPA received adverse comment, we are withdrawing the provision for the allowance of an alternative test method for olefins in gasoline of the direct final, published on December 8, 2008.
Enhancing Airline Passenger Protections
Document Number: E9-2548
Type: Proposed Rule
Date: 2009-02-06
Agency: Office of the Secretary, Department of Transportation
The Department is extending through March 9, 2009, the period for interested persons to submit comments to its proposed rule on enhancing airline passenger protections.
New Standards for Domestic Mailing Services, Revised Proposal
Document Number: E9-2515
Type: Proposed Rule
Date: 2009-02-06
Agency: Postal Service, Agencies and Commissions
On January 29, 2009, the Postal Service published a proposed rule to provide mailing standards that would accompany new prices for mailing services in 2009 and 2010. Upon further review, the Postal Service has determined that it is appropriate to make certain changes in its initial proposal. In particular, language has been inserted to clarify that proposed new standards relating to static charge and coefficient of friction standards for automation and machinable letters would be recommended, not mandatory, and a proposal to revise the standards for window envelopes on letter-size envelopes has been removed. For purposes of clarity and convenience, the entire revised version of the proposed rule is being published for comment.
Drawbridge Operation Regulations; Nanticoke River, Seaford, DE
Document Number: E9-2499
Type: Rule
Date: 2009-02-06
Agency: Coast Guard, Department of Homeland Security
The Commander, Fifth Coast Guard District, has approved a temporary deviation from the regulations governing the operation of the SR 13 Bridge, at mile 39.6, across Nanticoke River, in Seaford, Delaware. Under this temporary deviation, the drawbridge will be allowed to operate on an advance notice basis on particular dates and times. The deviation is necessary to perform inspections of the electrical and mechanical systems.
Drawbridge Operation Regulations; Cedar Creek, Cedar Beach, DE
Document Number: E9-2498
Type: Rule
Date: 2009-02-06
Agency: Coast Guard, Department of Homeland Security
The Commander, Fifth Coast Guard District, has approved a temporary deviation from the regulations governing the operation of the SR 36 Bridge, at mile 0.5, across Cedar Creek, in Cedar Beach, Delaware. Under this temporary deviation, the drawbridge will be allowed to operate on an advance notice basis on particular dates and times. The deviation is necessary to perform inspections of the electrical and mechanical systems.
Drawbridge Operation Regulation; Bayou Lacarpe, Mile 7.5, at Houma, Lafourche Parish, LA
Document Number: E9-2492
Type: Rule
Date: 2009-02-06
Agency: Coast Guard, Department of Homeland Security
The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the SR 661 Vertical Lift Bridge across Bayou Lacarpe, mile 7.5, at Houma, Lafourche Parish, Louisiana. The deviation is necessary to replace all the wire ropes used to lift the movable span of the bridge. This deviation allows the bridge to remain closed during daytime hours and requires an advance notice for openings during the nighttime.
New Domestic Mail Product
Document Number: E9-2487
Type: Rule
Date: 2009-02-06
Agency: Postal Regulatory Commission, Agencies and Commissions
The Commission is adding Express Mail Contract 3 to the Competitive Product List. This action is consistent with changes in a recent law governing postal operations and a recent Postal Service request. Republication of the lists of market dominant and competitive products is also consistent with new requirements in the law.
Transactions Between Member Banks and Their Affiliates: Exemption for Certain Purchases of Asset-Backed Commercial Paper by a Member Bank From an Affiliate
Document Number: E9-2338
Type: Rule
Date: 2009-02-06
Agency: Federal Reserve System, Agencies and Commissions
To reduce liquidity and other strains being experienced by money market mutual funds, the Board of Governors of the Federal Reserve System (Board) adopted on September 19, 2008, the Asset-Backed Commercial Paper Money Market Mutual Fund Lending Facility (AMLF), that enables depository institutions and bank holding companies to borrow from the Federal Reserve Bank of Boston on a non-recourse basis if they use the proceeds of the loan to purchase certain types of asset-backed commercial paper (ABCP) from money market mutual funds. To facilitate use of the AMLF by member banks, the Board also has adopted regulatory exemptions for member banks from certain provisions of sections 23A and 23B of the Federal Reserve Act and the Board's Regulation W. The exemptions increase the capacity of a member bank to purchase ABCP from affiliated money market mutual funds in connection with the AMLF.
Transactions Between Member Banks and Their Affiliates: Exemption for Certain Securities Financing Transactions Between a Member Bank and an Affiliate
Document Number: E9-2337
Type: Rule
Date: 2009-02-06
Agency: Federal Reserve System, Agencies and Commissions
In light of the continuing unusual and exigent circumstances in the financial markets, the Board has adopted a regulatory exemption for member banks from certain provisions of section 23A of the Federal Reserve Act and the Board's Regulation W. The exemption increases the capacity of member banks, subject to certain conditions designed to help ensure the safety and soundness of the banks, to enter into securities financing transactions with affiliates.
Risk-Based Capital Guidelines; Leverage Capital Guidelines
Document Number: E9-2336
Type: Rule
Date: 2009-02-06
Agency: Federal Reserve System, Agencies and Commissions
To reduce liquidity and other strains being experienced by money market mutual funds, the Federal Reserve System adopted on September 19, 2008, the Asset-Backed Commercial Paper Money Market Mutual Fund Lending Facility (AMLF) that enables depository institutions and bank holding companies to borrow from the Federal Reserve Bank of Boston on a nonrecourse basis if they use the proceeds of the loan to purchase certain types of asset-backed commercial paper (ABCP) from money market mutual funds. To facilitate this Federal Reserve lending program, the Board of Governors of the Federal Reserve System (Board) also adopted an exemption from its leverage and risk- based capital rules for ABCP held by a state member bank or bank holding company as a result of its participation in this program.
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