March 17, 2009 – Federal Register Recent Federal Regulation Documents

Implementation of the DTV Delay Act
Document Number: E9-5820
Type: Rule
Date: 2009-03-17
Agency: Federal Communications Commission, Agencies and Commissions
This document completes the most essential remaining actions necessitated by the delay in the DTV transition deadline. In the DTV Delay Act, Congress extended the DTV transition deadline from February 17, 2009, to June 12, 2009, in an effort to provide consumers additional time to prepare for the transition from analog to digital broadcasting. The Act directed the Commission to take any actions ``necessary or appropriate to implement the provisions, and carry out the purposes'' of the Act, and to do so within 30 days. This document implements procedures and prescribes timing for stations to transition early, while providing viewers who are not prepared with a lifeline of analog service and both on-air and off-air educational information about the transition. The document also adjusts the consumer education requirements placed on broadcasters to eliminate any unnecessary burden after the transition while ensuring that on the most meaningful information is provided to viewers before they transition, and addresses other issues.
Elimination of Route Designation Requirement for Motor Carriers Transporting Passengers Over Regular Routes
Document Number: E9-5778
Type: Rule
Date: 2009-03-17
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
On March 3, 2009, FMCSA published a document in the Federal Register (74 FR 9172) requesting comments on its proposal to delay the effective date of its January 16, 2009, final rule entitled ``Elimination of Route Designation Requirement for Motor Carriers Transporting Passengers over Regular Routes.'' Based on the five comments received, all supporting the proposal to delay the effective date of the final rule, FMCSA is extending the effective date by 90 days, and seeks additional public comment on the rulemaking. The final rule announced the discontinuation of the administrative requirement that applicants seeking for-hire authority to transport passengers over regular routes submit a detailed description and a map of the route(s) over which they propose to operate. In response to the Assistant to the President and Chief of Staff's memorandum of January 20, 2009, FMCSA extends the effective date to allow the Agency the opportunity for further review and consideration of the January 16, 2009, final rule and solicits public comments on the final rule. In order to afford sufficient time to consider and respond to comments, the effective date is extended for 90 days.
Anchorage Regulations; Port of New York; Correction
Document Number: E9-5757
Type: Rule
Date: 2009-03-17
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is correcting the preamble to a final rule that appeared in the Federal Register of March 11, 2009 (74 FR 10484). The preamble incorrectly referred to Department of Homeland Security Management Directive 5100.1, instead of Department of Homeland Security Management Directive 0023.1.
Domestic Mail Product
Document Number: E9-5755
Type: Rule
Date: 2009-03-17
Agency: Postal Regulatory Commission, Agencies and Commissions
The Commission is adding a new product identified as Express Mail & Priority Mail Contract 5 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.
Fisheries of the Northeastern United States; Scup Fishery; Reduction of Winter I Commercial Possession Limit
Document Number: E9-5749
Type: Rule
Date: 2009-03-17
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces the reduction of the scup coastwide commercial possession limit from Maine through North Carolina for the Winter I period. Regulations governing the scup fishery require publication of this notification to advise the coastal states from Maine through North Carolina that 80 percent of the commercial quota allocated to the Winter I period is projected to be harvested and to announce that the possession limit for a Federal vessel permit holder is reduced.
Grapes Grown in a Designated Area of Southeastern California and Imported Table Grapes; Relaxation of Handling Requirements
Document Number: E9-5731
Type: Rule
Date: 2009-03-17
Agency: Agricultural Marketing Service, Department of Agriculture
This rule relaxes the handling requirements prescribed under the California table grape marketing order (order) and the table grape import regulation. The order regulates the handling of table grapes grown in a designated area of southeastern California and is administered locally by the California Desert Grape Administrative Committee (committee). The import regulation is authorized under section 8e of the Agricultural Marketing Agreement Act of 1937 and regulates the importation of table grapes into the United States. This rule relaxes the one-quarter pound minimum bunch size requirement for the 2009 season for grapes packed in containers holding 2 pounds net weight or less. Under the relaxation, up to 20 percent of the weight of such containers may consist of single, unattached stems or clusters of at least five berries each. This action provides California desert grape handlers and importers the flexibility to respond to a marketing opportunity on a test basis for one season to meet consumer needs.
Outer Continental Shelf Air Regulations; Consistency Update for California
Document Number: E9-5728
Type: Proposed Rule
Date: 2009-03-17
Agency: Environmental Protection Agency
EPA is proposing to update a portion of the Outer Continental Shelf (``OCS'') Air Regulations. Requirements applying to OCS sources located within 25 miles of States' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (``COA''), as mandated by section 328(a)(1) of the Clean Air Act, as amended in 1990 (``the Act''). The portions of the OCS air regulations that are being updated pertain to the requirements for OCS sources by the Ventura County Air Pollution Control District (Ventura County APCD). The intended effect of approving the OCS requirements for the Ventura County APCD is to regulate emissions from OCS sources in accordance with the requirements onshore. The change to the existing requirements discussed below is proposed to be incorporated by reference into the Code of Federal Regulations and is listed in the appendix to the OCS air regulations.
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 610 in the Gulf of Alaska
Document Number: E9-5713
Type: Rule
Date: 2009-03-17
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 B season allowance of the 2009 total allowable catch (TAC) of pollock for Statistical Area 610 in the GOA.
Civilian Health and Medical Program of the Uniformed Services (CHAMPUS)/TRICARE: Inclusion of TRICARE Retail Pharmacy Program in Federal Procurement of Pharmaceuticals
Document Number: E9-5702
Type: Rule
Date: 2009-03-17
Agency: Office of the Secretary, Department of Defense
Section 703 of the National Defense Authorization Act for Fiscal Year 2008 (NDAA-08) states with respect to any prescription filled on or after the date of enactment of the NDAA, the TRICARE Retail Pharmacy Program shall be treated as an element of the DoD for purposes of procurement of drugs by Federal agencies under section 8126 of title 38, United States Code (U.S.C.), to the extent necessary to ensure pharmaceuticals paid for by the DoD that are provided by network retail pharmacies under the program to eligible covered beneficiaries are subject to the pricing standards in such section 8126. NDAA-08 was enacted on January 28, 2008. The statute requires implementing regulations. This final rule is to implement section 703 of the NDAA- 08.
Endangered and Threatened Wildlife and Plants; Listing the Plant Lepidium papilliferum (Slickspot Peppergrass) as Endangered
Document Number: E9-5697
Type: Proposed Rule
Date: 2009-03-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the availability of new information relevant to our consideration of the status of Lepidium papilliferum (slickspot peppergrass), proposed for listing as endangered, under the Endangered Species Act of 1973, as amended (Act). We, therefore, announce the reopening of the comment period on the proposed listing and invite interested members of the public to submit comments on this new information as it applies to the status and proposed listing of L. papilliferum. Information previously submitted for this proposed listing need not be resubmitted, as all information already received regarding this proposed listing will be incorporated into the public record and fully considered in our evaluation.
Occupational Exposure to Diacetyl and Food Flavorings Containing Diacetyl
Document Number: E9-5689
Type: Proposed Rule
Date: 2009-03-17
Agency: Department of Labor, Occupational Safety and Health Administration
OSHA is withdrawing its Advance Notice of Proposed Rulemaking (ANPRM) on Occupational Exposure to Diacetyl and Food Flavorings Containing Diacetyl in order to facilitate convening a Small Business Advocacy Review Panel, pursuant to the Small Business Regulatory Enforcement Fairness Act (SBREFA). Materials submitted prior to this withdrawal as well as any other information submitted directly to OSHA after the withdrawal will be put in the public rulemaking docket and receive equal consideration as a part of the rulemaking record. In addition, there will be several other opportunities for stakeholders to provide information and comment during the rulemaking process.
Domestic Mail Product
Document Number: E9-5672
Type: Rule
Date: 2009-03-17
Agency: Postal Regulatory Commission, Agencies and Commissions
The Commission is adding Express Mail & Priority Mail Contract 4 to the competitive product list. This action is consistent with changes in a recent law governing postal operations. Republication of the lists of market dominant and competitive products is also consistent with new requirements in the law.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: E9-5661
Type: Rule
Date: 2009-03-17
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.
Implementation of the Child Safe Viewing Act; Examination of Parental Control Technologies for Video or Audio Programming
Document Number: E9-5635
Type: Proposed Rule
Date: 2009-03-17
Agency: Federal Communications Commission, Agencies and Commissions
This document implements the Child Safe Viewing Act of 2007, S. 602, 110th Cong., adopted December 2, 2008, which directs the Commission to initiate a proceeding to examine ``the existence and availability of advanced blocking technologies that are compatible with various communications devices or platforms'' and can be used by parents to shield their children from objectionable video or audio programming. Although the development of new media technologies and platforms offers learning opportunities for children, it also poses new dangers. This Notice of Inquiry will examine tools currently available to parents and under development to help them supervise how their children use the media and, as directed by the Child Safe Viewing Act, the Commission will submit a report to Congress detailing its findings.
Temporary Employment of H-2A Aliens in the United States
Document Number: E9-5562
Type: Proposed Rule
Date: 2009-03-17
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration
The Department of Labor (DOL or the Department) proposes to suspend for 9 months the H-2A regulations published on December 18, 2008, which became effective on January 17, 2009, that amended the rules governing the certification for temporary employment of nonimmigrant workers in agricultural occupations on a temporary or seasonal basis, and the enforcement of contractual obligations applicable to employers of such nonimmigrant workers. A suspension would provide the Department with an opportunity to review and reconsider the new requirements in light of issues that have arisen since the publication of the H-2A Final Rule, while minimizing the disruption to the Department, State Workforce Agencies (SWAs), employers, and workers. To avoid the regulatory vacuum that would result from a suspension, the Department proposes to reinstate on an interim basis the rules that were in place on January 16, 2009, the day before the revised rules became effective, by reprinting those previous regulations.
Endangered and Threatened Wildlife and Plants; Listing Phyllostegia hispida
Document Number: E9-5348
Type: Rule
Date: 2009-03-17
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), determine endangered status under the Endangered Species Act of 1973, as amended (Act), for Phyllostegia hispida (no common name), a plant species from the island of Molokai in the Hawaiian Islands. This final rule implements the Federal protections provided by the Act for this species. We have also determined that critical habitat for P. hispida is prudent but not determinable at this time.
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