February 24, 2009 – Federal Register Recent Federal Regulation Documents

Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel in the Bering Sea and Aleutian Islands Management Area
Document Number: E9-3920
Type: Rule
Date: 2009-02-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is announcing the opening and closing dates of the Atka mackerel directed fisheries within the harvest limit area (HLA) in Statistical Area 542. This action is necessary to fully use the 2009 A season HLA limits of Atka mackerel in Statistical Area 542 of the Bering Sea and Aleutian Islands.
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 610 of the Gulf of Alaska
Document Number: E9-3919
Type: Rule
Date: 2009-02-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is reopening directed fishing for pollock in Statistical Area 610 of the Gulf of Alaska (GOA). This action is necessary to fully use the A season allowance of the 2009 total allowable catch (TAC) of pollock specified for Statistical Area 610 of the GOA.
Removal and Modification of Certain Entries From the Entity List: Person Removed Based on Removal Request and Clarification of Certain Entries
Document Number: E9-3918
Type: Rule
Date: 2009-02-24
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This rule amends the Export Administration Regulations (EAR) by removing a person from the Entity List (Supplement No. 4 to Part 744). This person is being removed from the Entity List because the End-User Review Committee (ERC) decided to approve this person's request for removal from the Entity List. This rule also makes a clarification for two persons that were listed on the Entity List prior to this rule being published to revise the addresses provided for these listed persons. This rule updates the address information for these two persons by replacing incorrect information. The Entity List provides notice to the public that certain exports and reexports to parties identified on the Entity List require a license from the Bureau of Industry and Security (BIS) and that availability of License Exceptions in such transactions is limited.
IFR Altitudes; Miscellaneous Amendments
Document Number: E9-3914
Type: Rule
Date: 2009-02-24
Agency: Federal Aviation Administration, Department of Transportation
This amendment adopts miscellaneous amendments to the required IFR (instrument flight rules) altitudes and changeover points for certain Federal airways, jet routes, or direct routes for which a minimum or maximum en route authorized IFR altitude is prescribed. This regulatory action is needed because of changes occurring in the National Airspace System. These changes are designed to provide for the safe and efficient use of the navigable airspace under instrument conditions in the affected areas.
Revisions of Regulations Concerning Procedures for Electronic Filing; Correction
Document Number: E9-3892
Type: Rule
Date: 2009-02-24
Agency: National Labor Relations Board, Agencies and Commissions
This document contains corrections to the Summary and Supplementary Information to the Final Rule that was published in the Federal Register on Friday, January 30, 2009 (74 FR 5618) regarding the Board's amendment of regulations concerning the procedures for filing documents with the Agency electronically.
Individual Requests for Access or Amendment of CID Reports of Investigation
Document Number: E9-3883
Type: Rule
Date: 2009-02-24
Agency: Department of Defense, Department of the Army, Army Department
The Department of the Army is amending its rule on Individual Requests for Access or Amendment of CID Reports of Investigation to correct the mailing address. The address for submitting requests for access to, or amendment of, USACIDC investigative reports has changed.
Airworthiness Directives; General Electric Company CF6-80C2 and CF6-80E1 Series Turbofan Engines
Document Number: E9-3868
Type: Rule
Date: 2009-02-24
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for General Electric Company (GE) CF6-80C2 and CF6-80E1 series turbofan engines with fuel manifolds part numbers (P/Ns) 1303M31G12 and 1303M32G12, installed in drainless fuel manifold assemblies (introduced by GE Aircraft Engines (GEAE) Service Bulletins (SB) CF6-80C2 S/B 73- 0253 and CF6-80E1 S/B 73-0026). This AD requires removing the loop clamps that hold the fuel manifold to the compressor rear frame (CRF) damper brackets, inspecting the fuel manifold for wear at each clamp location, and replacing the clamps with new, zero-time parts. This AD also requires revising the Airworthiness Limitations Section (ALS) of the Instructions for Continued Airworthiness (ICA) and air carrier's Continuous Airworthiness Maintenance Programs (CAMP) to require repetitive fuel manifold inspection and loop clamp replacement. This AD results from reports of fuel leaks during engine operation. We are issuing this AD to prevent fuel leaks that could result in an under- cowl fire and damage to the airplane.
Grapes Grown in a Designated Area of Southeastern California; Decreased Assessment Rate
Document Number: E9-3850
Type: Rule
Date: 2009-02-24
Agency: Agricultural Marketing Service, Department of Agriculture
This rule decreases the assessment rate established for the California Desert Grape Administrative Committee (Committee) for the 2009 and subsequent fiscal periods from $0.02 to $0.01 per 18-pound lug of grapes handled. The Committee locally administers the marketing order which regulates the handling of grapes grown in a designated area of southeastern California. Assessments upon desert grape handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins January 1 and ends December 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Tart Cherries Grown in the States of Michigan, et al.; Final Free and Restricted Percentages for the 2008-2009 Crop Year for Tart Cherries
Document Number: E9-3849
Type: Rule
Date: 2009-02-24
Agency: Agricultural Marketing Service, Department of Agriculture
This rule establishes final free and restricted percentages for the 2008-2009 crop year tart cherries covered under the Federal marketing order regulating tart cherries grown in seven States (order). The percentages are 73 percent free and 27 percent restricted and will establish the proportion of cherries from the 2008 crop which may be handled in commercial outlets. The percentages are intended to stabilize supplies and prices, and strengthen market conditions. The percentages were recommended by the Cherry Industry Administrative Board (Board), the body that locally administers the marketing order. The order regulates the handling of tart cherries grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin.
Commodity Pool Operator Periodic Account Statements and Annual Financial Reports
Document Number: E9-3840
Type: Proposed Rule
Date: 2009-02-24
Agency: Commodity Futures Trading Commission, Agencies and Commissions
The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is proposing to amend its regulations governing the periodic account statements that commodity pool operators (``CPOs'') are required to provide to commodity pool participants and the annual financial reports that CPOs are required to provide to commodity pool participants and file with the National Futures Association (``NFA''). The proposed amendments would: Specify detailed information that must be included in the periodic account statements and annual reports for commodity pools with more than one series or class of ownership interest; clarify that the periodic account statements must disclose either the net asset value per outstanding participation unit in the pool, or the total value of a participant's interest or share in the pool; extend the time period for filing and distributing annual reports of commodity pools that invest in other funds; codify existing Commission staff interpretations regarding the proper accounting treatment and financial statement presentation of certain income and expense items in the periodic account statements and annual reports; streamline annual reporting requirements for pools ceasing operation; and clarify and update several other requirements for periodic and annual reports prepared and distributed by CPOs.
Maximum Civil Money Penalty Amounts and Compliance With the Federal Civil Penalties Inflation Adjustment Act; Confirmation of Effective Date
Document Number: E9-3831
Type: Rule
Date: 2009-02-24
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is confirming the effective date of March 27, 2009, for the direct final rule that appeared in the Federal Register of November 12, 2008 (73 FR 66750). The direct final rule amends the agency's regulations to update the statutory citations regarding the new civil monetary penalties prescribed by the Food and Drug Administration Amendments Act of 2007 (FDAAA), amends the regulations to include the new FDAAA penalties, and adjusts the preceding maximum civil penalty amounts for inflation as prescribed by the Federal Civil Penalties Inflation Adjustment Act of 1990 (FCPIAA). This document confirms the effective date of the direct final rule.
Establishment of Class E Airspace; Umiat, AK
Document Number: E9-3827
Type: Rule
Date: 2009-02-24
Agency: Federal Aviation Administration, Department of Transportation
This action establishes Class E airspace at Umiat, AK to provide adequate controlled airspace to contain aircraft executing Standard Instrument Approach Procedures (SIAPs). Two SIAPs are being created for the Umiat Airport along with a textual Obstacle Departure Procedure (ODP). This action establishes Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at Umiat Airport, Umiat, AK.
Revision of Class D and E Airspace; King Salmon, AK
Document Number: E9-3825
Type: Rule
Date: 2009-02-24
Agency: Federal Aviation Administration, Department of Transportation
This action revises Class D and E airspace at King Salmon, AK, to provide adequate controlled airspace to contain aircraft executing Standard Instrument Approach Procedures (SIAPs). Nine SIAPs, and a textual Obstacle Departure Procedure (ODP) are being amended for the King Salmon Airport. This action revises Class D and E airspace upward from the surface, and from 700 feet (ft.) and 1,200 ft. above the surface at King Salmon Airport, King Salmon, AK.
Airworthiness Directives; Boeing Model 737-600, -700, -700C, -800, and -900 Series Airplanes
Document Number: E9-3823
Type: Rule
Date: 2009-02-24
Agency: Federal Aviation Administration, Department of Transportation
This document publishes in the Federal Register an amendment adopting airworthiness directive (AD) 2008-24-51 that was sent previously to all known U.S. owners and operators of Boeing Model 737- 600, -700, -700C, -800, and -900 series airplanes by individual notices. This AD requires accomplishing a wiring test of the autoshutoff system to verify continuity and a visual verification that the wiring is correctly installed; doing corrective actions, if necessary; and doing a functional test of the autoshutoff system, and applicable maintenance actions. This AD is prompted by a report of a failure of the left-hand fuel pump of the center wing tank to shut off after being selected ``OFF'' by the flightcrew during flight on a Boeing Model 737-700 series airplane. Subsequent to that report, the failure was found on two additional airplanes. We are issuing this AD to prevent extended dry-running of the fuel pump, which could lead to localized overheating of parts inside the fuel pump, and which could produce an ignition source inside the fuel tank.
Amendment of Class E Airspace; Medford, WI
Document Number: E9-3822
Type: Rule
Date: 2009-02-24
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace at Medford, WI. Additional controlled airspace is necessary to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAP) at Taylor County Airport, Medford, WI. This action also makes a minor change to the geographical coordinates of Taylor County Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at Taylor County Airport.
Amendment of Class E Airspace; Sioux City, IA
Document Number: E9-3821
Type: Rule
Date: 2009-02-24
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace at Sioux City, IA. Additional controlled airspace is necessary to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAP) at Sioux Gateway Airport/Col. Bud Day Field, Sioux City, IA. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at Sioux Gateway Airport/Col. Bud Day Field.
Amendment of Class E Airspace; Columbus, OH
Document Number: E9-3820
Type: Rule
Date: 2009-02-24
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace at Columbus, OH. Additional controlled airspace is necessary to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAP) at Rickenbacker International Airport, Columbus, OH. This action also makes a minor change to the geographical coordinates of Bolton Field Airport, Columbus, OH. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at Rickenbacker International Airport.
Proposed Amendment of Class E Airspace; Fulton, MO
Document Number: E9-3819
Type: Proposed Rule
Date: 2009-02-24
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to amend Class E airspace at Fulton, MO. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Elton Hensley Memorial Airport, Fulton, MO. This action also would adjust the geographic coordinates of Elton Hensley Memorial Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) aircraft operations at Elton Hensley Memorial Airport.
Amendment of Class E Airspace; Milwaukee, WI
Document Number: E9-3818
Type: Rule
Date: 2009-02-24
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace at Milwaukee, WI. Additional controlled airspace is necessary to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAP) at Waukesha County Airport, Waukesha, WI. Also, this rule changes an airport name from John H. Batten Field to John H. Batten Airport, Racine, WI. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at Waukesha County Airport.
Establishment of Class E Airspace; Tower, MN
Document Number: E9-3817
Type: Rule
Date: 2009-02-24
Agency: Federal Aviation Administration, Department of Transportation
This action establishes Class E airspace at Tower, MN. Controlled airspace is necessary to accommodate new Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAPs) at Tower Municipal Airport, Tower, MN. This rule also updates the geographic coordinates for the airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at Tower Municipal Airport.
Proposed Amendment of Class E Airspace; Coleman, TX
Document Number: E9-3815
Type: Proposed Rule
Date: 2009-02-24
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to amend Class E airspace at Coleman, TX. Controlled airspace is necessary to accommodate Standard Instrument Approach Procedures (SIAPs) at Coleman Municipal Airport, Coleman, TX. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) aircraft operations at Coleman Municipal Airport.
Update of the Federal Energy Regulatory Commission's Fees Schedule for Annual Charges for the Use of Government Lands
Document Number: E9-3788
Type: Rule
Date: 2009-02-24
Agency: Department of Energy, Federal Energy Regulatory Commission
In accordance with the Commission's regulations, the Commission by its designee, the Executive Director, is updating its schedule of fees for the use of government lands. The yearly update is based on the most recent schedule of fees for the use of linear rights- of-way prepared by the United States Forest Service. Since the next fiscal year will cover the period from October 1, 2008 through September 30, 2009 the fees in this notice will become effective October 1, 2008. The fees will apply to fiscal year 2009 annual charges for the use of government lands. The Commission has concluded, with the concurrence of the Administrator of the Office of Information and Regulatory Affairs of OMB that this rule is not a ``major rule'' as defined in section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 804(2).
Airworthiness Directives; Gippsland Aeronautics Pty. Ltd. Model GA8 Airplanes
Document Number: E9-3758
Type: Rule
Date: 2009-02-24
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above that will supersede an existing AD. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
Automatic Contribution Arrangements
Document Number: E9-3716
Type: Rule
Date: 2009-02-24
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final regulations relating to automatic contribution arrangements. These regulations affect administrators of, employers maintaining, participants in, and beneficiaries of section 401(k) plans and other eligible plans that include an automatic contribution arrangement.
Airworthiness Directives; McDonnell Douglas Model DC-9-14, DC-9-15, and DC-9-15F Airplanes; and Model DC-9-20, DC-9-30, DC-9-40, and DC-9-50 Series Airplanes
Document Number: E9-3125
Type: Rule
Date: 2009-02-24
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain McDonnell Douglas airplanes listed above. This AD requires installing a dam assembly for the container of the fuel boost pump of the center tank located in the right main tank, and doing the related investigative actions, and corrective actions if necessary. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent the center tank fuel boost pump from operating in a fuel vapor zone and becoming a potential ignition source in the right main tank, potentially resulting in a fuel tank explosion and consequent loss of the airplane.
Airworthiness Directives; McDonnell Douglas Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-30F (KC-10A and KDC-10), DC-10-40, DC-10-40F, MD-10-10F, MD-10-30F, MD-11, and MD-11F Airplanes
Document Number: E9-3123
Type: Rule
Date: 2009-02-24
Agency: Federal Aviation Administration, Department of Transportation
The FAA is superseding an existing airworthiness directive (AD), which applies to certain McDonnell Douglas transport category airplanes. That AD currently requires modification of the installation wiring for the electric motor-operated auxiliary hydraulic pumps in the right wheel well area of the main landing gear; repetitive inspections of the numbers 1 and 2 electric motors of the auxiliary hydraulic pumps for electrical resistance, continuity, mechanical rotation, and associated airplane wiring resistance/voltage; and corrective actions if necessary. This new AD also requires, for certain airplanes, modifying and rerouting, as applicable, certain components of the wiring of the electric motor for the auxiliary hydraulic pump located in the right wheel well. This AD results from reports of failure of the electric motor for the auxiliary hydraulic pump. We are issuing this AD to prevent failure of the electric motors of the hydraulic pump and associated wiring, which could result in fire at the auxiliary hydraulic pump and consequent damage to the adjacent electrical equipment and/or structure.
Airworthiness Directives; BURKHART GROB LUFT-UND RAUMFAHRT GmbH & CO KG G103 Series Gliders
Document Number: E9-3116
Type: Rule
Date: 2009-02-24
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. This 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:
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: E9-3048
Type: Rule
Date: 2009-02-24
Agency: Federal Aviation Administration, Department of Transportation
This establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: E9-3000
Type: Rule
Date: 2009-02-24
Agency: Department of Transportation, Federal Aviation Administration
This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Control of Air Pollution From New Motor Vehicles and New Motor Vehicle Engines; Regulations Requiring Onboard Diagnostic Systems on 2010 and Later Heavy-Duty Engines Used in Highway Applications Over 14,000 Pounds; Revisions to Onboard Diagnostic Requirements for Diesel Highway Heavy-Duty Vehicles Under 14,000 Pounds
Document Number: E9-2405
Type: Rule
Date: 2009-02-24
Agency: Environmental Protection Agency
In 2001, EPA finalized a new, major program for highway heavy- duty engines. That program, the Clean Diesel Trucks and Buses program, will result in the introduction of advanced emissions control systems such as catalyzed diesel particulate filters (DPF) and catalysts capable of reducing harmful nitrogen oxide (NOX) emissions. This final rule will require that these advanced emissions control systems be monitored for malfunctions via an onboard diagnostic system (OBD), similar to those systems that have been required on passenger cars since the mid-1990s. This final rule will require manufacturers to install OBD systems that monitor the functioning of emission control components and alert the vehicle operator to any detected need for emission related repair. This final rule will also require that manufacturers make available to the service and repair industry information necessary to perform repair and maintenance service on OBD systems and other emission related engine components. Lastly, this final rule revises certain existing OBD requirements for diesel engines used in heavy-duty vehicles under 14,000 pounds.
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