March 2009 – Federal Register Recent Federal Regulation Documents

The FAA announces a public meeting on its proposal, published January 12, 2009, to amend the regulations for crewmember and aircraft dispatcher training programs in domestic, flag, and supplemental operations. The FAA has received requests from stakeholders for meetings during the comment period to clarify the proposal and respond to questions. In response to those requests, the FAA is holding a public meeting during the comment period. The purpose of the public meeting is to give an opportunity to those who may be most affected by the proposed rule to ask questions and seek information from the FAA regarding the intent of the proposal.

We, the U.S. Fish and Wildlife Service (Service), take this action pursuant to a settlement agreement and court order that vacated, in part, the August 9. 2005 final rule that designated critical habitat under the Endangered Species Act of 1973, as amended (Act), for the Roswell springsnail (Pyrgulopsis roswellensis), Koster's springsnail (Juturnia kosteri), Noel's amphipod (Gammarus desperatus), and Pecos assiminea (Assiminea pecos) with respect to lands at the Bitter Lake National Wildlife Refuge. Accordingly, the February 12, 2002, proposed critical habitat designation is reinstated for these invertebrates with respect to Bitter Lake National Wildlife Refuge and we announce the reopening of the public comment period for the February 12, 2002, proposed rule in order to reconsider designation of these lands. This re-evaluation of the designation of critical habitat at Bitter Lake National Wildlife Refuge does not affect the designation of critical habitat at Diamond Y Spring and Sandia Spring. Comments previously submitted on the February 12, 2002, proposed rule (67 FR 6459) need not be resubmitted as they have been incorporated into the public record as part of this reopening of the comment period and will be fully considered in preparation of the final rule. Additionally, so that we may fully consider any new information available, we are also soliciting comments and information on the final economic analysis and final environmental assessment that were made available concurrent with the August 9, 2005, final designation of critical habitat.

This action modifies Class D Airspace, modifies Class E airspace designated as an extension to Class D surface area and removes Class E airspace designated as surface area for an airport at Aguadilla, PR. The Rafael Hernandez Airport Air Traffic Control Tower will now operate on a full-time basis, thus the associated controlled airspace is being modified and removed to reflect the change. This action enhances the National Airspace System by providing controlled airspace in the vicinity of Aguadilla, PR.

This action proposes to amend Class E airspace at Waverly, OH. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Pike County Airport, Waverly, OH, and would update the geographic coordinates for the airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) aircraft operations at Pike County Airport.

The Commodity Credit Corporation (CCC) published in the Federal Register of November 20, 2008, an interim final rule with request for comment amending the program regulations for the Agricultural Management Assistance (AMA) Program to incorporate programmatic changes authorized by the Food, Conservation, and Energy Act of 2008 (2008 Act). The language in the interim final rule regarding the application of the payment limitation to joint operations was incorrect and is inconsistent with payment attributions specified in the regulation which governs payment limitations and eligibility determinations for CCC-funded programs. This document corrects that language.

The Natural Resources Conservation Service published in the Federal Register of January 16, 2009, an interim final rule with request for comment amending the program regulations for the Wildlife Habitat Incentive Program (WHIP) to incorporate programmatic changes authorized by the Food, Conservation, and Energy Act of 2008 (2008 Act). The language in the interim final rule regarding the application of the payment limitation to joint operations was incorrect and is inconsistent with payment attributions specified in the regulation which governs payment limitations and eligibility determinations for CCC-funded programs. This document corrects that language. NRCS is also using the opportunity presented by this rulemaking to extend the comment period by an additional 30 days and ask for public input on key programmatic implementation questions.

The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Tariff of Tolls in their respective jurisdictions. The Tariff sets forth the level of tolls assessed on all commodities and vessels transiting the facilities operated by the SLSDC and the SLSMC. The SLSDC is revising its regulations to reflect the fees and charges levied by the SLSMC in Canada. The Tariff of Tolls became effective in Canada in 2008. For consistency, because these are, under international agreement, joint regulations, and to avoid confusion among users of the Seaway, the SLSDC finds that there is good cause to make this U.S. version of the amendments effective upon publication. (See Supplementary Information.)

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

This final rule delays the effective date of the definition of ``required use'' as revised by HUD's November 17, 2008, final rule amending its RESPA regulations, until July 16, 2009. The November 17, 2008, final rule revised HUD's RESPA regulations to further the purposes of RESPA by requiring more timely and effective disclosures related to mortgage settlement costs for federally related mortgage loans to consumers. The final rule revised the existing definition of ``required use,'' which revision was directed to enhancing protections for consumers from certain practices conducted by affiliated business arrangements. The revised definition of ``required use'' would have become effective on January 16, 2009. However, on January 15, 2009, HUD published a final rule that delayed the effective date of the definition of ``required use'' from January 16, 2009, to April 16, 2009, due to litigation by the National Association of Home Builders, et al., around the time of issuance of the final rule. For this same reason, HUD is further delaying the effective date of required use until July 16, 2009. In this rule, HUD also solicits comment on withdrawing the revised definition of ``required use'' from the November 17, 2008, final rule. HUD will consider these comments before pursuing new rulemaking process on this definition. Since promulgating the rule on November 17, 2008, HUD has determined to reevaluate the scope and operation of the required use provision. New rulemaking would give HUD the opportunity to present for public consideration a new proposal based upon HUD's reevaluation of the required use provision to help ensure better consumer protections.

The Department of Health and Human Services proposes to rescind the December 19, 2008 final rule entitled ``Ensuring That Department of Health and Human Services Funds Do Not Support Coercive or Discriminatory Policies or Practices in Violation of Federal Law.'' The Department believes it is important to have an opportunity to review this regulation to ensure its consistency with current Administration policy and to reevaluate the necessity for regulations implementing the Church Amendments, Section 245 of the Public Health Service Act, and the Weldon Amendment.

This document amends the Department of Veterans Affairs (VA) regulations that delegate authority to manage, direct, and coordinate VA's rulemaking activities to certain officials. The amendments reflect the Secretary of Veterans Affairs' decisions to designate the General Counsel as the Department's Regulatory Policy Officer and to transfer the Office of Regulation Policy and Management to the Office of the General Counsel. These amendments are intended to provide VA with a single point of contact who can respond to the Secretary's rulemaking concerns.

The Commission grants a petition for rulemaking filed by Local TV Pennsylvania License, LLC, the licensee of station WNEP-DT, to substitute DTV channel 50 for post-transition DTV channel 49 at Scranton, Pennsylvania.

The U.S. Office of Personnel Management is correcting references to a non-existent section number in the recredit of sick leave regulations issued on December 2, 1994 (59 FR 62271).