March 11, 2009 – Federal Register Recent Federal Regulation Documents

Introduction of Organisms and Products Altered or Produced Through Genetic Engineering
Document Number: E9-5372
Type: Proposed Rule
Date: 2009-03-11
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public that the Animal and Plant Health Inspection Service (APHIS) is holding a public scoping session for issue-focused public meeting(s) to be held in April 2009 on the APHIS proposed rule, ``Importation, Interstate Movement, and Release Into the Environment of Certain Genetically Engineered Organisms.'' The purpose of the scoping session is to discuss with all interested parties the agenda and format for the April 2009 issue meeting(s).
2-Propenoic acid, monoester with 1,2-propanediol, polymer with α-[4-(ethenyloxy) butyl]-ω-hydroxypoly (oxy-1,2-ethanediyl) and 2,5-furandione; Tolerance Exemption
Document Number: E9-5293
Type: Rule
Date: 2009-03-11
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance under 40 CFR 180.960 for residues of 2-Propenoic acid, monoester with 1,2-propanediol, polymer with [alpha]-[4-(ethenyloxy) butyl]-[omega]-hydroxypoly (oxy-1,2-ethanediyl) and 2,5-furandione; (CAS Reg. No. 955015-23-3); when used as an inert ingredient in a pesticide chemical formulation. BASF Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of 2-Propenoic acid, monoester with 1,2-propanediol, polymer with [alpha]-[4-(ethenyloxy) butyl]-[omega]-hydroxypoly (oxy- 1,2-ethanediyl) and 2,5-furandione on food or feed commodities.
Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) Airplanes
Document Number: E9-5290
Type: Rule
Date: 2009-03-11
Agency: Federal Aviation Administration, Department of Transportation
We are superseding an existing airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: * * * * * The Bombardier CL-600-2B19 airplanes have had a history of flap failures at various positions for several years. Flap failure may result in a significant increase in required landing distances and higher fuel consumption than planned during a diversion. * * *
Listing of Color Additives Exempt From Certification; Food, Drug, and Cosmetic Labeling: Cochineal Extract and Carmine Declaration; Confirmation of Effective Date
Document Number: E9-5286
Type: Rule
Date: 2009-03-11
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is confirming the effective date of January 5, 2011, for the final rule that appeared in the Federal Register of January 5, 2009. The final rule amends the regulations for cochineal extract and carmine by requiring their declaration by name on the label of all food and cosmetic products that contain these color additives. This final rule responds to reports of severe allergic reactions, including anaphylaxis, to cochineal extract- containing food and carmine-containing food and cosmetics and will allow consumers who are allergic to these color additives to identify and thus avoid products that contain these color additives. This action also responds to a citizen petition submitted by the Center for Science in the Public Interest.
2-Propenoic acid, polymer with α-[4-(ethenyloxy) butyl]-ω-hydroxypoly (oxy-1,2-ethanediyl), sodium salt; Tolerance Exemption
Document Number: E9-5273
Type: Rule
Date: 2009-03-11
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of 2-Propenoic acid, polymer with [alpha]- [4-(ethenyloxy) butyl]-[omega]-hydroxypoly (oxy-1,2-ethanediyl), sodium salt; (CAS Reg. No. 250591-84-5); when used as an inert ingredient in a pesticide chemical formulation. BASF Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of 2-Propenoic acid, polymer with [alpha]-[4-(ethenyloxy) butyl]-[omega]-hydroxypoly (oxy-1,2-ethanediyl), sodium salt on food or feed commodities.
2-Propenoic acid, 2-hydroxyethyl ester, polymer with α-[4-(ethenyloxy)butyl]-ω-hydroxypoly (oxy-1,2-ethanediyl); Tolerance Exemption
Document Number: E9-5267
Type: Rule
Date: 2009-03-11
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of 2-Propenoic acid, 2-hydroxyethyl ester, polymer with [alpha]-[4-(ethenyloxy)butyl]-[omega]-hydroxypoly (oxy- 1,2-ethanediyl); (CAS Reg. No. 1007234-89-0); when used as an inert ingredient in a pesticide chemical formulation. BASF Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA) requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of 2-Propenoic acid, 2-hydroxyethyl ester, polymer with [alpha]-[4-(ethenyloxy)butyl]-[omega]-hydroxypoly (oxy-1,2-ethanediyl) on food or feed commodities.
Bacillus Mycoides Isolate J; Temporary Exemption From the Requirement of a Tolerance
Document Number: E9-5266
Type: Rule
Date: 2009-03-11
Agency: Environmental Protection Agency
This regulation establishes a temporary exemption from the requirement of a tolerance for residues of the Bacillus mycoides isolate J in or on pecans, potatoes, sugar beets, tomatoes, and peppers when used in accordance with good agricultural practices. Montana Microbial Products, submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting to amend the existing temporary tolerance exemption. This regulation eliminates the need to establish a maximum permissible level for residues of Bacillus mycoides isolate J in or on pecans, potatoes, sugar beets, tomatoes, and peppers on a time-limited basis. The temporary tolerance exemption expires on March 31, 2011.
2-Propenoic acid, polymer with α-[4-(ethenyloxy) butyl]-ω-hydroxypoly (oxy-1,2-ethanediyl) and 2,5-furandione, sodium salt; Tolerance Exemption
Document Number: E9-5264
Type: Rule
Date: 2009-03-11
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance under 40 CFR 180.960 for residues of 2-Propenoic acid, polymer with [alpha]-[4-(ethenyloxy) butyl]-[omega]-hydroxypoly (oxy- 1,2-ethanediyl) and 2,5-furandione, sodium salt; (CAS Reg. No. 251479- 97-7); when used as an inert ingredient in a pesticide chemical formulation. BASF Corporation, submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of 2- Propenoic acid, polymer with [alpha]-[4-(ethenyloxy) butyl]-[omega]- hydroxypoly (oxy-1,2-ethanediyl) and 2,5-furandione, sodium salt on food or feed commodities.
2-Propenoic acid, polymer with α-[4-(ethenyloxy) butyl]-ω-hydroxypoly (oxy-1,2-ethanediyl) and 1,2-propanediol mono-2-propenoate, potassium sodium salt; Tolerance Exemption
Document Number: E9-5245
Type: Rule
Date: 2009-03-11
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of 2-Propenoic acid, polymer with [alpha]- [4-(ethenyloxy) butyl]-[omega]-hydroxypoly (oxy-1,2-ethanediyl) and 1,2-propanediol mono-2-propenoate, potassium sodium salt; (CAS Reg. No. 518026-64-7); when used as an inert ingredient in a pesticide chemical formulation. BASF Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of 2- propenoic acid, polymer with [alpha]-[4-(ethenyloxy) butyl]-[omega]- hydroxypoly (oxy-1,2-ethanediyl) and 1,2-propanediol mono-2-propenoate, potassium sodium salt on food or feed commodities.
Benfluralin, Carbaryl, Diazinon, Dicrotophos, Fluometruon, Formetanate Hydrochloride, Glyphosate, Metolachlor, Napropamide, Norflurazon, Pyrazon, and Tau-Fluvalinate; Technical Amendment
Document Number: E9-5223
Type: Rule
Date: 2009-03-11
Agency: Environmental Protection Agency
EPA issued a final rule in the Federal Register of September 10, 2008, revoking, revising, and establishing certain tolerances. This document is being issued to correct the amendatory language for Sec. 180.169.
Approval and Promulgation of Air Quality Implementation Plans; Alabama Visible Emissions Rule; Informational Notice
Document Number: E9-5220
Type: Rule
Date: 2009-03-11
Agency: Environmental Protection Agency
The purpose of this notice is to inform the public of the availability of documents that were not made available electronically to the public through https://www.regulations.gov when EPA's final rulemaking was published in the Federal Register . These documents were a part of the docket for EPA's final rulemaking approving Alabama's state implementation plan (SIP) revision for the Alabama Visible Emissions Rule. The complete docket was available in hard copy at Region 4. EPA's final rulemaking for this SIP revision was published on October 15, 2008.
Exemptions From the Requirement of a Tolerance; Proposed Technical Amendments
Document Number: E9-5194
Type: Proposed Rule
Date: 2009-03-11
Agency: Environmental Protection Agency
This document proposes minor technical revisions of certain commodity terms listed under 40 CFR part 180, subpart D. EPA is proposing this action to eventually establish a uniform listing of commodity terms.
Chlorimuron-ethyl; Pesticide Tolerances
Document Number: E9-5192
Type: Rule
Date: 2009-03-11
Agency: Environmental Protection Agency
This regulation establishes a tolerance for residues of chlorimuron-ethyl in or on berry, low growing, except strawberry, subgroup 13-07H. Interregional Research Project Number 4 (IR-4) requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Secretarial Final Interim Action
Document Number: E9-5191
Type: Rule
Date: 2009-03-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In response to February 17, 2009, and February 23, 2009, Court Orders, issued by the U.S. District Court, District of Massachusetts, NMFS is temporarily suspending specific regulations implemented under Framework Adjustment (FW) 42 to the Northeast (NE) Multispecies Fishery Management Plan (FMP); namely differential days- at-sea (DAS) counting in the Gulf of Maine (GOM) and Southern New England (SNE). In addition, and also in response to the February 17, 2009, Court Order, NMFS is extending, by 30 days, the fishing year 2008 March 1 deadline for submission of DAS leasing applications.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast (NE) Multispecies Fishery; Modification of the Yellowtail Flounder Landing Limit for the U.S./Canada Management Area
Document Number: E9-5171
Type: Rule
Date: 2009-03-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This action increases the Georges Bank (GB) yellowtail flounder trip limit to 5,000 lb (2,268 kg) for NE multispecies days-at- sea (DAS) vessels fishing in the U.S./Canada Management Area. This action is authorized by the regulations implementing Amendment 13 to the NE Multispecies Fishery Management Plan (FMP) and is intended to increase the likelihood of harvesting the total allowable catch (TAC) for GB yellowtail flounder without exceeding it during the 2008 fishing year. This action is being taken to allow vessels to fully harvest the TACs for transboundary stocks of GB cod, haddock, and yellowtail flounder under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
Documents Acceptable for Employment Eligibility Verification; Correction
Document Number: E9-5164
Type: Rule
Date: 2009-03-11
Agency: Department of Homeland Security, U.S. Citizenship and Immigration Services
On December 17, 2008, the Department of Homeland Security (DHS) published an interim rule in the Federal Register amending its regulations governing the types of acceptable identity and employment authorization documents and receipts for completion of the Form I-9, Employment Eligibility Verification. On February 3, 2009, USCIS delayed the effective date of the interim rule until April 3, 2009. On February 23, 2009, DHS published a final rule that amended the same section of the Code of Federal Regulations (CFR) as the interim rule, resulting in an inadvertent error in the interim rule's amendatory language. This document corrects that inadvertent error.
Oral Dosage Form New Animal Drugs; Amprolium
Document Number: E9-5131
Type: Rule
Date: 2009-03-11
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 an abbreviated new animal drug application (ANADA) filed by IVX Animal Health, Inc. The ANADA provides for the use of generic amprolium concentrate solution to make medicated drinking water for chickens and turkeys for the treatment of coccidiosis.
Anchorage Regulations; Port of New York
Document Number: E9-5095
Type: Rule
Date: 2009-03-11
Agency: Coast Guard, Department of Homeland Security
This final rule amends the size of Romer Shoal Anchorage Ground in Lower New York Bay. This action is necessary to facilitate safe navigation in the area and to provide safe and secure anchorages for vessels transiting this area. This change to the anchorage is intended to increase the safety of life and property within this area of the Port of New York by providing for greater safety of anchored vessels and to enhance the safe and efficient flow of commercial vessels and commerce.
Drawbridge Operation Regulation; Boudreaux Canal, Mile 0.1, Near Chauvin, Terrebonne Parish, LA
Document Number: E9-5090
Type: Rule
Date: 2009-03-11
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 56 Swing Bridge across Boudreaux Canal, mile 0.1, near Chauvin, Terrebonne Parish, Louisiana. The deviation is necessary to replace all the mechanical machinery used to operate the movable span of the bridge. This deviation allows the bridge to remain in the closed-to- navigation position except for the previously approved scheduled opening times to allow for the passage of vessels.
Drawbridge Operation Regulation; Gulf Intracoastal Waterway, Belle Chasse, LA
Document Number: E9-5082
Type: Rule
Date: 2009-03-11
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 23 bridge across the Gulf Intracoastal Waterway (Algiers Alternate Route), mile 3.8, at Belle Chasse, Plaquemines Parish, Louisiana. This temporary rule is issued to facilitate movement of vehicular traffic for the 2009 N'Awlins Air Show, to be held at the U.S. Naval Air Station, Joint Reserve Base at Belle Chasse, Louisiana.
Children's Products Containing Lead; Final Rule; Procedures and Requirements for a Commission Determination or Exclusion
Document Number: E9-5075
Type: Rule
Date: 2009-03-11
Agency: Consumer Product Safety Commission, Agencies and Commissions
The Consumer Product Safety Commission (Commission or CPSC) is issuing a final rule on procedures and requirements on requests for: a Commission determination that a commodity or class of materials or a specific material or product does not exceed the lead content limits specified under section 101(a) of the Consumer Product Safety Improvement Act of 2008 (CPSIA), Public Law 110-314; or an exclusion of a commodity or class of materials or a specific material or product under section 101(b)(1) of the CPSIA, that exceeds the lead content limits under section 101(a) of the CPSIA, but which will not result in the absorption of any lead into the human body nor have any other adverse impact on public health or safety.
Extension of Import Restrictions Imposed on Archaeological Material From Honduras
Document Number: E9-5001
Type: Rule
Date: 2009-03-11
Agency: Department of Homeland Security, Department of the Treasury, Bureau of Customs and Border Protection, Department of Treasury
This document amends Customs and Border Protection (CBP) regulations to reflect the extension of import restrictions on certain categories of archaeological material from the Pre-Columbian cultures of the Republic of Honduras (Honduras) that were imposed by CBP Decision (Dec.) 04-08 and expire on March 12, 2009. The Assistant Secretary for Educational and Cultural Affairs, United States Department of State, has determined that conditions continue to warrant the imposition of import restrictions. Accordingly, these import restrictions will remain in effect for an additional 5 years, and the CBP regulations are being amended to reflect this extension until March 12, 2013. These restrictions are being extended pursuant to determinations of the United States Department of State made under the terms of the Convention on Cultural Property Implementation Act in accordance with the 1970 United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. CBP Dec. 04-08 contains the Designated List of archaeological material that describes the articles to which the restrictions apply.
Other Dosage Form New Animal Drugs; Sevoflurane
Document Number: E9-4879
Type: Rule
Date: 2009-03-11
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 new animal drug application (NADA) filed by Abbott Laboratories, Inc. The supplemental NADA provides for a revised induction dose of sevoflurane inhalant anesthetic in dogs.
Airworthiness Directives; Cessna Aircraft Company Models 208 and 208B Airplanes
Document Number: E9-4828
Type: Rule
Date: 2009-03-11
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Cessna Aircraft Company (Cessna) Models 208 and 208B airplanes. This AD requires you to modify the aileron carry-through cable attachment to the aileron upper quadrant with parts of improved design. This AD results from reports of a ``catch'' in the aileron control system when the control yoke is turned. We are issuing this AD to prevent the cable attach fitting on the aileron upper quadrant assembly from rotating and possibly contacting or interfering with the aileron lower quadrant assembly, which could result in limited roll control and reduced handling capabilities.
Airworthiness Directives; Boeing Model 737-300, -400, and -500 Series Airplanes
Document Number: E9-4734
Type: Rule
Date: 2009-03-11
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Boeing Model 737-300, -400, and -500 series airplanes. This AD requires repetitive high frequency eddy current inspections for cracking of the 1.04-inch nominal diameter wire penetration hole in the frame and frame reinforcement, between stringers S-20 and S-21, on both the left and right sides of the airplane, and related investigative and corrective actions if necessary. This AD results from reports of cracking in the frame, or in the frame and frame reinforcement, common to the 1.04-inch nominal diameter wire penetration hole intended for wire routing. We are issuing this AD to detect and correct cracking in the fuselage frames and frame reinforcements, which could reduce the structural capability of the frames to sustain limit loads, and result in cracking in the fuselage skin and subsequent rapid depressurization of the airplane.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: E9-4498
Type: Rule
Date: 2009-03-11
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.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: E9-4496
Type: Rule
Date: 2009-03-11
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.
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