February 12, 2009 – Federal Register Recent Federal Regulation Documents

Transportation Worker Identification Credential (TWIC) Implementation in the Maritime Sector; Hazardous Materials Endorsement for a Commercial Driver's License
Document Number: E9-3119
Type: Rule
Date: 2009-02-12
Agency: Coast Guard, Department of Homeland Security
This document informs owners and operators of facilities located on the island of American Samoa within Captain of the Port Zone Honolulu that the date by which they must implement access control procedures utilizing TWIC has been extended to no later than April 14, 2009. This extension is due to the fact that a large percentage of the maritime workforce in American Samoa is not native to the island, and do not need to comply with United States immigration laws.
Protection of Safeguards Information; Correction
Document Number: E9-3074
Type: Rule
Date: 2009-02-12
Agency: Nuclear Regulatory Commission, Agencies and Commissions
This document corrects a rule that appeared in the Federal Register on October 24, 2008 (73 FR 63545), that amends the regulations for the protection of Safeguards Information (SGI) to protect SGI from inadvertent release and unauthorized disclosure which might compromise the security of nuclear facilities and materials. This action is necessary to correct an erroneous authority citation.
Railroad Safety Enforcement Procedures; Enforcement, Appeal and Hearing Procedures for Rail Routing Decisions
Document Number: E9-3073
Type: Rule
Date: 2009-02-12
Agency: Federal Railroad Administration, Department of Transportation
On November 26, 2008, FRA published the final rule in this docket that established procedures to enable railroad carriers to challenge rail routing decisions made by FRA's Associate Administrator for Safety. The final rule was published with an immediate effective date. Under applicable federal statutes, this document did not qualify for an immediate effective date.
Notice to Participants of Consequences of Failing To Defer Receipt of Qualified Retirement Plan Distributions; Expansion of Applicable Election Period and Period for Notices; Hearing Cancellation
Document Number: E9-3066
Type: Proposed Rule
Date: 2009-02-12
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document cancels a public hearing on proposed rulemaking that would provide that the notice required under section 411(a)(11) to be provided to a participant of his or her right, if any, to defer receipt of an immediately distributable benefit must also describe the consequences of failing to defer receipt of the distribution. The proposed rulemaking would also provide that the applicable election period for waiving the qualified joint and survivor annuity form of benefit under section 417 is the 180-day period ending on the annuity starting date, and that a notice required to be provided under section 402(f), section 411(a)(11), or section 417 may be provided to a participant as much as 180 days before the annuity starting date (or, for a notice under section 402(f), the distribution date). These regulations would affect administrators of, employers maintaining, participants in, and beneficiaries of tax- favored retirement plans.
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; 2009 Georges Bank Cod Fixed Gear Sector Operations Plan and Agreement, and Allocation of Georges Bank Cod Total Allowable Catch
Document Number: E9-3060
Type: Proposed Rule
Date: 2009-02-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This proposed rule provides interested parties an opportunity to comment on the proposed sector operations plan and supplemental environmental assessment (EA) prior to final approval or disapproval of the sector operations plan and allocation of a Georges Bank (GB) cod total allowable catch (TAC) to the GB Cod Fixed Gear Sector (Fixed Gear Sector) for fishing year (FY) 2009. Framework Adjustment (FW) 42 to the Northeast (NE) Multispecies Fishery Management Plan (FMP) implemented the Fixed Gear Sector and authorized allocation of up to 20 percent of the annual GB cod TAC to the Fixed Gear Sector. Pursuant to that authorization, a representative of the Fixed Gear Sector has submitted an operations plan and sector agreement (contract), and requested an allocation of GB cod to the Fixed Gear Sector for FY 2009.
Fraser River Sockeye Salmon Fisheries; Inseason Orders
Document Number: E9-3055
Type: Rule
Date: 2009-02-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS publishes Fraser River salmon inseason orders to regulate salmon fisheries in U.S. waters. The orders were issued by the Fraser River Panel (Panel) of the Pacific Salmon Commission (Commission) and subsequently approved and issued by NMFS during the 2008 salmon fisheries within the U.S. Fraser River Panel Area. These orders established fishing dates, times, and areas for the gear types of U.S. treaty Indian and all citizen fisheries during the period the Panel exercised jurisdiction over these fisheries.
Proposed Rule To Implement the 1997 8-Hour Ozone National Ambient Air Quality Standard: Revision on Subpart 1 Area Reclassification and Anti-Backsliding Provisions Under Former 1-Hour Ozone Standard; Proposed Deletion of Obsolete 1-Hour Ozone Standard Provision
Document Number: E9-3051
Type: Proposed Rule
Date: 2009-02-12
Agency: Environmental Protection Agency
The EPA is announcing a public hearing to be held for the proposed rule ``Proposed Rule to Implement the 1997 8-Hour Ozone National Ambient Air Quality Standard: Revision on Subpart 1 Area Reclassification and Anti-Backsliding Provisions Under Former 1-Hour Ozone Standard; Proposed Deletion of Obsolete 1-Hour Ozone Standard Provision'' which published in the Federal Register on January 16, 2009. The hearing will be held in Washington, DC, on Monday, March 2, 2009. EPA is also announcing an extension of the public comment period on our proposed rule. EPA is extending the comment period that originally ends on February 17, 2009. The extended comment period will close on April 1, 2009. In this notice of proposed rulemaking, EPA proposed to revise the rule for implementing the 1997 8-hour ozone national ambient air quality standard (NAAQS) for several of the limited portions of the rule vacated by the U.S. Circuit Court of Appeals for the District of Columbia. The proposal addresses the classification system for the subset of initial 8-hour ozone nonattainment areas that the implementation rule originally covered under Clean Air Act (CAA) title I, part D, subpart 1. The proposal also addresses how 1-hour ozone contingency measures that apply for failure to attain or make reasonable progress toward attainment of the 1-hour standard should apply under the anti-backsliding provisions of the implementation rule. In addition, the proposal removes language relating to the vacated provisions of the rule that provided exemptions from the requirements of nonattainment new source review (NSR) and CAA section 185 penalty fees under the 1-hour standard. The public hearing will provide interested parties the opportunity to present data, views, or arguments concerning these proposed changes.
Fisheries in the Western Pacific; Bottomfish and Seamount Groundfish Fisheries; 2008-09 Main Hawaiian Islands Bottomfish Total Allowable Catch
Document Number: E9-3049
Type: Rule
Date: 2009-02-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS specifies a total allowable catch (TAC) for the 2008-09 fishing year of 241,000 lb (109,316 kg) of Deep 7 bottomfish in the main Hawaiian Islands (MHI).
Children's Products Containing Lead; Exemptions for Certain Electronic Devices; Interim Final Rule
Document Number: E9-3025
Type: Rule
Date: 2009-02-12
Agency: Consumer Product Safety Commission, Agencies and Commissions
The Consumer Product Safety Commission (CPSC or Commission) is issuing an interim final rule concerning certain electronic devices for which it is not technologically feasible to meet the lead limits as required under section 101 of the Consumer Product Safety Improvement Act of 2008 (CPSIA), Public Law 110-314, 122 Stat. 3016. By notice published elsewhere in today's Federal Register, the Commission is withdrawing the proposed rule on exemptions for certain electronic devices published in the Federal Register on January 15, 2009, 74 FR 2435.
Children's Products Containing Lead; Exemptions for Certain Electronic Devices; Withdrawal of Proposed Rule
Document Number: E9-3024
Type: Proposed Rule
Date: 2009-02-12
Agency: Consumer Product Safety Commission, Agencies and Commissions
The Consumer Product Safety Commission (CPSC or Commission) is withdrawing the proposed rule published in the Federal Register on January 15, 2009, 74 FR 2435, concerning certain children's electronic devices for which it is not technologically feasible to meet the lead limits as required under section 101 of the Consumer Product Safety Improvement Act of 2008 (CPSIA), Public Law 110-314, 122 Stat. 3016. The Commission is issuing an interim final rule on exemptions for certain children's electronic devices which is published elsewhere in today's Federal Register.
Fisheries off West Coast States; Pacific Coast Groundfish Fishery; Pacific Whiting Allocation
Document Number: E9-3022
Type: Rule
Date: 2009-02-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has determined that 4,000 metric tons (mt) of the shore- based sector allocation and 6,000 mt of the mothership sector allocation would not be used by December 31, 2008. Therefore, NMFS has reapportioned the surplus whiting to the catcher/processor sector of the fishery.
Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer
Document Number: E9-3021
Type: Rule
Date: 2009-02-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that the State of North Carolina is transferring a portion of its 2009 commercial summer flounder quota to the Commonwealth of Virginia and the State of New Jersey. By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved.
Airworthiness Directives; Rolls-Royce plc (RR) RB211-535E4 Series Turbofan Engines
Document Number: E9-3018
Type: Proposed Rule
Date: 2009-02-12
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to supersede an existing airworthiness directive (AD) for Rolls-Royce (RR) RB211-535E4 series turbofan engines. That AD currently requires initial and repetitive inspections of the outer combustion case for cracks and possible removal. This proposed AD would require the same inspections, but would require using RR Mandatory Service Bulletin (MSB) RB.211-72-7775, Revision 3, dated April 9, 1999. This proposed AD results from RR issuing a revision to the MSB. We are proposing this AD to prevent an uncontained outer combustion case burst, which could result in damage to the airplane.
Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG Model BR700-715A1-30, BR700-715B1-30, and BR700-715C1-30 Turbofan Engines
Document Number: E9-3017
Type: Proposed Rule
Date: 2009-02-12
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) issued 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:
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Processors Using Hook-and-Line Gear in the Bering Sea and Aleutian Islands Management Area
Document Number: E9-3013
Type: Rule
Date: 2009-02-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific cod by catcher processors using hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the A season allowance of the 2009 Pacific cod total allowable catch (TAC) allocated to catcher processors using hook-and- line gear in the BSAI.
Airworthiness Directives; M7 Aerospace LP Models SA226-AT, SA226-T, SA226-TC, SA227-AC (C-26A), SA227-AT, SA227-BC (C-26A), SA227-CC, and SA227-DC (C-26B) Airplanes
Document Number: E9-3012
Type: Proposed Rule
Date: 2009-02-12
Agency: Federal Aviation Administration, Department of Transportation
We propose to supersede Airworthiness Directive (AD) 2008-12- 16, which applies to certain M7 Aerospace LP SA226 and SA227 series airplanes. AD 2008-12-16 currently requires you to inspect wires and tube assemblies for chafing, arcing, or insufficient clearance between components. If chafing, arcing, or insufficient clearance between components is found, AD 2008-12-16 requires you to clear, repair, and/ or replace all chafed wires, components, and tube assemblies. AD 2008- 12-16 also requires you to cover the four-gauge wires leaving the battery box with firesleeving and secure them with a clamp. Since we issued AD 2008-12-16, M7 Aerospace LP has notified us that Model SA227- BC (C-26A) was inadvertently left out of the Applicability section of the AD and they updated some of the service information due to parts availability. Operators have also identified issues with model applicability that needed clarification. Consequently, this proposed AD would retain the actions of AD 2008-12-16, add Model SA227-BC (C-26A) to the Applicability section, and regroup the models for clarification. We are proposing this AD to detect and correct chafing of electrical wires, components, and tube assemblies. This condition could result in arcing of exposed wires with consequent burning of a hole in a hydraulic line or the bleed air line. This failure could lead to a hydraulic fluid leak and a possible fire in the engine nacelle compartment.
Proposed Amendment of Class E Airspace; Ironwood, MI
Document Number: E9-2999
Type: Proposed Rule
Date: 2009-02-12
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to amend Class E airspace at Ironwood, MI. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Gogebic Iron County Airport, Ironwood, MI. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) aircraft operations at Gogebic Iron County Airport.
Update of August 2001 Overflight Fees
Document Number: E9-2985
Type: Rule
Date: 2009-02-12
Agency: Federal Aviation Administration, Department of Transportation
On December 17, 2008, the Acting Administrator of the Federal Aviation Administration (FAA) approved the Charter of an Aviation Rulemaking Committee (ARC) created for the purpose of consulting with the FAA regarding the cost of providing air traffic control and related services to overflights, and providing advice and recommendations to the Administrator regarding the future level of FAA's Overflight Fees. This Notice includes a copy of the Overflight Fees ARC Charter and information about how to request to participate as a member of the ARC.
Proposed Amendment and Establishment of Restricted Areas and Other Special Use Airspace, Avon Park Air Force Range; FL
Document Number: E9-2980
Type: Proposed Rule
Date: 2009-02-12
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to restructure the special use airspace (SUA), consisting of restricted areas and military operations areas (MOA), at the Avon Park Air Force Range (APAFR), Florida. The proposed changes would provide additional restricted airspace needed for training in high altitude weapons releases and other hazardous activities, and would reconfigure the MOAs to contain nonhazardous flight operations. The changes would permit more realistic training in modern tactics to be conducted at the Range and enable more efficient use of the National Airspace System.
Proposed Establishment, Revision, and Removal of Area Navigation (RNAV) Routes; Alaska
Document Number: E9-2976
Type: Proposed Rule
Date: 2009-02-12
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to establish twenty three Area Navigation (RNAV) routes, and revise fourteen RNAV routes, in the State of Alaska. Additionally, this action proposes to remove four existing routes that are no longer required. Q & T-routes are Air Traffic Service (ATS) routes, based on RNAV, for use by aircraft having instrument flight rules (IFR)-approved Global Positioning System (GPS)/Global Navigation Satellite System (GNSS) equipment. The FAA is proposing this action to enhance safety and to improve the efficient use of the navigable airspace in Alaska.
Establishment of Class E Airspace; Nantucket, MA
Document Number: E9-2972
Type: Proposed Rule
Date: 2009-02-12
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to modify Class E Airspace at Nantucket, MA. The development of new Standard Instrument Approach Procedures (SIAPs) and the evaluation of current procedures are requiring the establishment of Class E Surface airspace designated as an extension to Class D airspace. This action would encompass the SIAPs and enhance the safety and airspace management around the Nantucket Memorial Airport, MA.
Implantation or Injectable Dosage Form New Animal Drugs; Flunixin
Document Number: E9-2941
Type: Rule
Date: 2009-02-12
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 abbreviated new animal drug application (ANADA) filed by Cross Vetpharm Group Ltd. The supplemental ANADA provides for the veterinary prescription use of flunixin meglumine solution by intravenous injection in dairy cattle for control of pyrexia associated with acute bovine mastitis.
Regulated Navigation Areas; Bars Along the Coasts of Oregon and Washington
Document Number: E9-2592
Type: Proposed Rule
Date: 2009-02-12
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to establish Regulated Navigation Areas (RNA) covering specific bars along the coasts of Oregon and Washington that will include procedures for restricting and/or closing those bars as well as additional safety requirements for recreational and small commercial vessels operating in the RNAs. The RNAs are necessary to help ensure the safety of the persons and vessels operating in those hazardous bar areas. The RNAs will do so by establishing clear procedures for restricting and/or closing the bars and mandating additional safety requirements for recreational and small commercial vessels operating in the RNAs when certain conditions exist.
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