March 18, 2009 – Federal Register Recent Federal Regulation Documents

Steel Import Monitoring and Analysis System
Document Number: E9-6013
Type: Rule
Date: 2009-03-18
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (the Department) publishes this action to make final a rule to extend the Steel Import Monitoring and Analysis (SIMA) system until March 21, 2013. The purpose of the SIMA system is to provide statistical data on steel imports entering the United States seven weeks earlier than it would otherwise be available to the public. Aggregate data collected from the licenses are made available to the public on a weekly basis following review by the Department.
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Aggregation
Document Number: E9-5996
Type: Proposed Rule
Date: 2009-03-18
Agency: Environmental Protection Agency
EPA is proposing to delay the effective date for the Environmental Protection Agency (``EPA'') rule addressing ``aggregation'' under the Prevention of Significant Deterioration (``PSD'') and the nonattainment New Source Review (``nonattainment NSR'') programs (collectively, ``NSR'') published in the Federal Register on January 15, 2009. This rule (the ``NSR Aggregation Amendments'') described when a source must combine (``aggregate'') nominally-separate physical changes and changes in the method of operation for the purpose of determining whether they are a single change resulting in a significant emissions increase. On January 30, 2009, the Natural Resources Defense Council (``NRDC'') submitted a petition for reconsideration (the ``NRDC Petition'') of the NSR Aggregation Amendments. In response to the NRDC Petition, EPA announced on February 13, 2009, that it would convene a reconsideration proceeding for the NSR Aggregation Amendments and would delay the effective date of the rule from February 17, 2009 until May 18, 2009. In this action, EPA is proposing an additional delay of the effective date of the NSR Aggregation Amendments and soliciting comment on the duration of this additional delay in order to allow for sufficient time to conduct the reconsideration proceeding.
Requirements for the Disposition of Cattle that Become Non-Ambulatory Disabled Following Ante-Mortem Inspection
Document Number: E9-5987
Type: Rule
Date: 2009-03-18
Agency: Department of Agriculture, Food Safety and Inspection Service
The Food Safety and Inspection Service (FSIS) is amending the Federal meat inspection regulations to require that all cattle that are non-ambulatory disabled at an official establishment, including those that become non-ambulatory disabled after passing ante-mortem inspection, be condemned and disposed of properly. In addition, this rule requires that establishments notify FSIS inspection personnel when cattle become non-ambulatory disabled after passing ante-mortem inspection. FSIS is taking this action to better ensure effective implementation of inspection and humane handling requirements at official establishments.
Fisheries in the Western Pacific; Pelagic Fisheries; Hawaii-based Shallow-set Longline Fishery
Document Number: E9-5888
Type: Proposed Rule
Date: 2009-03-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that the Western Pacific Fishery Management Council (Council) proposes to amend the Fishery Management Plan for Pelagic Fisheries of the Western Pacific Region (FMP). If approved by the Secretary of Commerce (Secretary), Amendment 18 would remove the annual limit on the number of fishing gear deployments (sets) for the Hawaii-based pelagic longline fishery. The amendment would also revise the current maximum limit on the number of physical interactions that occur annually between loggerhead sea turtles and vessels registered for use under Hawaii longline limited access permits while shallow- setting. Other measures currently applicable to the fishery would remain unchanged. Amendment 18 is intended to increase opportunities for the shallow-set fishery to sustainably harvest swordfish and other fish species, without jeopardizing the continued existence of sea turtles and other protected resources.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Resources of the Gulf of Mexico; Commercial Sector of the Reef Fish Fishery of the Gulf of Mexico; Control Date
Document Number: E9-5864
Type: Proposed Rule
Date: 2009-03-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that it is establishing a revised control date that may be used to control future access to the commercial sector of the reef fish fishery operating in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf). If changes to the management regime are developed and implemented under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), a control date could be used to limit the number of participants in the fishery. This announcement is intended, in part, to promote awareness of the potential eligibility criteria for future access so as to discourage speculative entry into the fishery while the Gulf of Mexico Fishery Management Council (Council) and NMFS consider whether and how access to the commercial sector of the reef fish fishery should be controlled.
The Dr. James Allen Veteran Vision Equity Act of 2007
Document Number: E9-5862
Type: Rule
Date: 2009-03-18
Agency: Department of Veterans Affairs
This document amends the Department of Veterans Affairs (VA) adjudication regulations regarding special monthly compensation and compensation for paired organs. These amendments are necessary because the statutes on which the regulations are based have been amended. The intended effect of these amendments is to incorporate relevant statutory provisions from the Dr. James Allen Veteran Vision Equity Act of 2007.
Removal and Modification of Certain Entries From the Entity List: Persons Removed or Modified Based on ERC Annual Review
Document Number: E9-5860
Type: Rule
Date: 2009-03-18
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This rule amends the Export Administration Regulations (EAR) by removing two persons from the Entity List (Supplement No. 4 to Part 744). These persons are being removed from the Entity List because of determinations made by the United States Government during the annual review of the Entity List conducted by the End-User Review Committee (ERC). 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 or add an address. These two listed persons were listed under addresses in more than one country. This rule removes one of the addresses for each of these entities. 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.
Food Additives Permitted for Direct Addition to Food for Human Consumption; Silver Nitrate and Hydrogen Peroxide
Document Number: E9-5852
Type: Rule
Date: 2009-03-18
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending the food additive regulations to provide for the safe use of an aqueous solution of silver nitrate and hydrogen peroxide as an antimicrobial agent in bottled water. This action is in response to a petition filed by Kareem I. Batarseh.
Pyraclostrobin; Pesticide Tolerances for Emergency Exemptions
Document Number: E9-5834
Type: Rule
Date: 2009-03-18
Agency: Environmental Protection Agency
This regulation establishes time-limited tolerances for combined residues of pyraclostrobin and its desmethoxy metabolite in or on sugarcane, cane and sugarcane, molasses. This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on sugarcane. This regulation establishes a maximum permissible level for residues of pyraclostrobin and its desmethoxy metabolite in these food. The time-limited tolerances expire and are revoked on December 31, 2011.
Formaldehyde, Polymer with 2-Methyloxirane and 4-Nonylphenol; Tolerance Exemption
Document Number: E9-5832
Type: Rule
Date: 2009-03-18
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of formaldehyde, polymer with 2- methyloxirane and 4-nonylphenol (CAS Reg. No. 37523-33-4); when used as an inert ingredient in a pesticide chemical formulation. Akzo Nobel Surface Chemistry, LLC, 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 formaldehyde, polymer with 2-methyloxirane and 4-nonylphenol on food or feed commodities.
Pendimethalin; Pesticide Tolerances for Emergency Exemptions
Document Number: E9-5831
Type: Rule
Date: 2009-03-18
Agency: Environmental Protection Agency
This regulation establishes time-limited tolerances for combined residues of pendimethalin, [N-(1-ethylpropyl)-3,4-dimethyl- 2,6-dinitrobenzenamine] and its metabolite 4-[(1-ethylpropyl)amino]-2- methyl-3,5-dinitrobenzyl alcohol, in or on Bermuda grass forage and hay. This action is in response to crisis exemptions issued by the Texas Department of Agriculture and the Oklahoma Department of Agriculture under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on Bermuda grass pastures and hay fields. This regulation establishes a maximum permissible level for residues of pendimethalin in these feed commodities. The time-limited tolerances expire and are revoked on December 31, 2009.
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 620 in the Gulf of Alaska
Document Number: E9-5830
Type: Rule
Date: 2009-03-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for pollock in Statistical Area 620 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 620 in the GOA.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Less Than 60 ft (18.3 m) Length Overall Using Hook-and-Line or Pot Gear in the Bering Sea and Aleutian Islands Management Area
Document Number: E9-5825
Type: Rule
Date: 2009-03-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 ft (< 18.3 m) length overall (LOA) using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2009 Pacific cod total allowable catch (TAC) allocated to catcher vessels < 60 ft LOA using hook-and-line or pot gear in the BSAI.
Prohibition on Federal Protective Service Guard Services Contracts With Business Concerns Owned, Controlled, or Operated by an Individual Convicted of a Felony [HSAR Case 2009-001]
Document Number: E9-5795
Type: Proposed Rule
Date: 2009-03-18
Agency: Department of Homeland Security
DHS is proposing to amend the Homeland Security Acquisition Regulation (HSAR) to prohibit DHS from awarding a Federal Protective Service (FPS) contract for guard services to a business concern that is owned, controlled, or operated by an individual who has been convicted of a serious felony. The rule is necessary to implement the provisions of Public Law 110-356, the Federal Protective Service Guard Contracting Reform Act of 2008.
Capital Construction Fund
Document Number: E9-5792
Type: Rule
Date: 2009-03-18
Agency: Maritime Administration, Department of Transportation
On September 30, 2008, the Maritime Administration published the final rule in this docket to implement provisions of the Energy Independence and Security Act of 2007 and amend the definition of a ``qualified vessel'' under the Capital Construction Fund. The final rule was published with an effective date of the date of publication. Prior to publication, we inadvertently failed to submit the rule to Congress and the General Accounting Office (GAO), as required by the Congressional Review provisions in the Small Business Regulatory Enforcement Fairness Act (SBREFA). Therefore, the rule was not applicable on the date of publication.
U.S. Citizenship for Contracts on RRF Vessels
Document Number: E9-5787
Type: Rule
Date: 2009-03-18
Agency: Maritime Administration, Department of Transportation
On August 21, 2008, the Maritime Administration published the final rule in this docket to clarify Maritime Administration regulations which require that Agents (including Ship Managers) for the National Defense Reserve Fleet (NDRF) appointed by the Maritime Administration be United States citizens. The final rule was published with an effective date of the date of publication. Prior to publication, we inadvertently failed to submit the rule to Congress and the General Accounting Office (GAO), as required by the Congressional Review provisions in the Small Business Regulatory Enforcement Fairness Act (SBREFA). Therefore, the rule did not go into effect on the date of publication.
Airworthiness Directives; Diamond Aircraft Industries GmbH Models DA 40 and DA 40F Airplanes
Document Number: E9-5764
Type: Proposed Rule
Date: 2009-03-18
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for the products listed above that would supersede an existing AD. This proposed 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:
Procedures Governing the Acceptance of Service of Process Upon the Office of the Director of National Intelligence and Its Employees in Their Official, Individual or Combined Official and Individual Capacities
Document Number: E9-5758
Type: Rule
Date: 2009-03-18
Agency: National Intelligence, Office of the National Director, Agencies and Commissions
This final regulation governs the procedures the ODNI will follow for the acceptance of service of process upon the ODNI and its employees in their official, individual or combined official and individual capacities.
Regulations Governing the Production of Office of the Director of National Intelligence Information or Material in Proceedings Before Federal, State, Local or Other Government Entity of Competent Jurisdiction
Document Number: E9-5756
Type: Rule
Date: 2009-03-18
Agency: National Intelligence, Office of the National Director, Agencies and Commissions
This final regulation governs the procedures the ODNI will follow for the production of ODNI information or material in proceedings before federal, state, local or other government entity of competent jurisdiction.
Modification of Class D Airspace; MacDill AFB, FL
Document Number: E9-5750
Type: Rule
Date: 2009-03-18
Agency: Federal Aviation Administration, Department of Transportation
This action confirms the effective date of the direct final rule published in the Federal Register (73 FR 60622) that modifies Class D Airspace at MacDill AFB, FL to reflect the times when the controlled airspace is effective due to the fact that MacDill AFB Air Traffic Control Tower no longer operates on a full time basis.
United States Navy Restricted Area, Naval Support Activity, Panama City, FL
Document Number: E9-5748
Type: Rule
Date: 2009-03-18
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The U.S. Army Corps of Engineers (Corps) published a document in the Federal Register on September 12, 2008 (73 FR 52926), revising the restricted areas at Naval Support Activity (NSA), Panama City (PC), Florida. The latitude of the shared point for the southeast point of restricted area BA-1 (Sec. 334.761(a)(2)) and the southwest point of restricted area BA-2 (Sec. 334.761(a)(3)) should have been provided as 30[deg]10'32'' N. This document corrects the final regulation by revising these actions.
Restricted Areas at Cape Canaveral Air Force Station, Patrick AFB, FL
Document Number: E9-5746
Type: Proposed Rule
Date: 2009-03-18
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The U.S. Army Corps of Engineers (Corps) is proposing to amend the existing regulations at 33 U.S.C. 334 to enlarge an existing restricted area in the Banana River and to establish a new restricted area in the Atlantic Ocean for the Cape Canaveral Air Force Station (CCAFS), located on Patrick AFB, Florida. We are also proposing to remove an existing restricted area in the Banana River at CCAFS. CCAFS Command, located at Patrick AFB, Florida, is responding to Department of Defense (DoD) security assessments which have identified a need for CCAFS to have the capability to secure their shoreline. The proposed enhancement of these capabilities is necessary to counter postulated threats to CCAFS.
Approval and Promulgation of Air Quality Implementation Plans; Alabama; Update to Materials Incorporated by Reference
Document Number: E9-5732
Type: Rule
Date: 2009-03-18
Agency: Environmental Protection Agency
EPA is publishing this action to provide the public with notice of the update to the Alabama State Implementation Plan (SIP) compilation. In particular, materials submitted by Alabama that are incorporated by reference (IBR) into the Alabama SIP are being updated to reflect EPA-approved revisions to Alabama's SIP that have occurred since the last update. In this action EPA is also notifying the public of the correction of certain typographical errors.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: E9-5663
Type: Rule
Date: 2009-03-18
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.
Nondiscrimination on the Basis of Disability in Air Travel
Document Number: E9-5606
Type: Rule
Date: 2009-03-18
Agency: Department of Transportation
The Department of Transportation published the new Air Carrier Access Act (ACAA) rule in the Federal Register on Tuesday, May 13, 2008 (73 FR 27614). This document corrects editorial errors or omissions and clarifies ambiguities in the preamble, rule text and appendix of the final rule.
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