April 22, 2009 – Federal Register Recent Federal Regulation Documents

Methods for Measurement of Filterable PM10
Document Number: Z9-6178
Type: Proposed Rule
Date: 2009-04-22
Agency: Environmental Protection Agency
Lead; Minor Amendments to the Renovation, Repair, and Painting Program
Document Number: E9-9227
Type: Proposed Rule
Date: 2009-04-22
Agency: Environmental Protection Agency
EPA is proposing two minor revisions to the final Lead Renovation, Repair, and Painting Program (RRP) rule that published in the Federal Register on April 22, 2008. First, EPA is proposing to require accredited providers of renovator or dust sampling technician training to submit post-course notifications, including digital photographs of each successful trainee, to EPA. The 2008 rule establishes accreditation, training, certification, and recordkeeping requirements as well as work practice standards on persons performing renovations for compensation in most pre-1978 housing and child- occupied facilities. The post-course notification requirement, designed to supply important information for EPA's compliance monitoring efforts, was inadvertently omitted from the final RRP rule's regulatory text, although it was discussed in the preamble of the final rule. In addition, EPA is proposing to remove the requirement for accredited lead-based paint activities training providersthose who provide inspector, risk assessor, project designer, and abatement supervisor and worker trainingto submit to EPA a digital photograph of each successful trainee along with their post-course notifications. That requirement, inadvertently imposed as part of the final RRP rule, is unnecessary because EPA already receives photographs of these individuals through other means.
Prohibitions on Market Manipulation in Subtitle B of Title VIII of The Energy Independence and Security Act of 2007
Document Number: E9-9224
Type: Proposed Rule
Date: 2009-04-22
Agency: Federal Trade Commission, Agencies and Commissions
Pursuant to Section 811 of Subtitle B of Title VIII of The Energy Independence and Security Act of 2007 (``EISA''),\1\ the Federal Trade Commission (``Commission'' or ``FTC'') is issuing a Revised Notice of Proposed Rulemaking (``RNPRM''). The revised proposed Rule in this RNPRM would prohibit any person, directly or indirectly, in connection with the purchase or sale of crude oil, gasoline, or petroleum distillates at wholesale, from knowingly engaging in any act, practice, or course of businessincluding the making of any untrue statement of material factthat operates or would operate as a fraud or deceit upon any person, or intentionally failing to state a material fact that under the circumstances renders a statement made by such person misleading, provided that such omission distorts or tends to distort market conditions for any such product. Violations of the revised proposed Rule, if such Rule is adopted, would require proof by a preponderance of the evidence. Anyone violating an FTC rule promulgated under Section 811 of EISA, such as this revised proposed Rule would be if adopted, may face civil penalties of up to $1 million per violation per day, in addition to any relief available to the Commission under the Federal Trade Commission Act (``FTC Act'').\2\ The Commission invites written comments on issues raised by the revised proposed Rule and seeks answers to the specific questions set forth in Section IV.I. of this RNPRM.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Tehachapi Slender Salamander (Batrachoseps stebbinsi) as Threatened or Endangered
Document Number: E9-9220
Type: Proposed Rule
Date: 2009-04-22
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Tehachapi slender salamander (Batrachoseps stebbinsi) as a threatened or endangered species under the Endangered Species Act of 1973, as amended (Act). We find that the petition presents substantial scientific or commercial information indicating that listing the Tehachapi slender salamander may be warranted. Therefore, with the publication of this notice, we are initiating a status review to determine if listing this species is warranted. To ensure that the status review is comprehensive, we are soliciting information and data regarding this species. We will initiate a determination on critical habitat for this species, if and when we initiate a listing action.
Approval and Promulgation of Air Quality Implementation Plans; Texas; Reasonable Further Progress Plan, Motor Vehicle Emissions Budgets, and 2002 Base Year Emissions Inventory; Houston-Galveston-Brazoria 1997 8-Hour Ozone Nonattainment Area
Document Number: E9-9216
Type: Rule
Date: 2009-04-22
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is approving a revision to the Texas State Implementation Plan (SIP) to meet the Reasonable Further Progress (RFP) and Emissions Inventory requirements of the Clean Air Act (CAA) for the Houston-Galveston-Brazoria (HGB) moderate 1997 8-hour ozone nonattainment area. EPA is also approving the RFP motor vehicle emissions budgets (MVEBs) associated with the revision. EPA is approving the SIP revision because it satisfies the RFP and Emissions Inventory requirements for 1997 8-hour ozone nonattainment areas classified as moderate and demonstrates the required progress in reducing ozone precursors. EPA is approving the revision pursuant to section 110 and part D of the CAA and EPA's regulations.
Approval and Promulgation of Air Quality Implementation Plans; Texas; Reasonable Further Progress Plan, Motor Vehicle Emissions Budgets and 2002 Emissions Inventory; Houston-Galveston-Brazoria 1997 8-Hour Ozone Nonattainment Area
Document Number: E9-9213
Type: Proposed Rule
Date: 2009-04-22
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve a revision to the Texas State Implementation Plan (SIP) to meet the Reasonable Further Progress (RFP) requirements of the Clean Air Act (CAA) for the Houston-Galveston-Brazoria (HGB) moderate 1997 8-hour ozone nonattainment area. EPA is also proposing to approve the RFP motor vehicle emissions budgets (MVEBs) and the 2002 Base Year Emission Inventory associated with the revision. EPA is proposing to approve the SIP revision because it satisfies the RFP and Emissions Inventory requirements for 1997 8-hour ozone nonattainment areas classified as moderate, and demonstrates further progress in reducing ozone precursors. EPA is proposing to approve the revision pursuant to section 110 and part D of the CAA and EPA's regulations.
Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits
Document Number: E9-9212
Type: Rule
Date: 2009-04-22
Agency: Pension Benefit Guaranty Corporation, Agencies and Commissions
The Pension Benefit Guaranty Corporation published in the Federal Register of April 15, 2009, a final rule informing the public of the interest rates and assumptions to be used under certain Pension Benefit Guaranty Corporation regulations. This document corrects an inadvertent error in that final rule.
Raymond A. West; Consideration of Petition in Rulemaking Process
Document Number: E9-9197
Type: Proposed Rule
Date: 2009-04-22
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) has received a petition for rulemaking dated December 14, 2007, and revised on December 19, 2007, filed by Raymond A. West (petitioner). The petition was docketed by the NRC and has been assigned Docket No. PRM-50-89. The petitioner is requesting that the NRC amend the regulations that govern domestic licensing of production and utilization facilities at nuclear power plants. Specifically, the petitioner is requesting that the regulations that govern codes and standards at nuclear power plants be amended to provide applicants and licensees a process for requesting NRC approval of changes or modifications to American Society of Mechanical Engineers Boiler and Pressure Vessel Code (ASME Code) cases that are listed in the relevant NRC-approved regulatory guides cited in the current regulations. The petitioner believes that the current requirements do not allow changes or modifications to be proposed as alternatives to NRC-approved ASME Code cases. This action provides notice that the NRC will consider the petitioner's request in the NRC's rulemaking process.
Version Two Facilities Design, Connections and Maintenance Reliability Standards
Document Number: E9-9169
Type: Rule
Date: 2009-04-22
Agency: Department of Energy, Federal Energy Regulatory Commission
This document corrects compliance filing deadline errors in a Final Rule that the Federal Energy Regulatory Commission published in the Federal Register on March 30, 2009. That action approved three revised Reliability Standards developed by the North American Electric Reliability Corporation (NERC), designated by NERC as FAC-010-2, FAC- 011-2 and FAC-014-2, which set requirements for the development and communication of system operating limits of the Bulk-Power system for use in planning and operation horizons.
Safety Zone; Waters Surrounding Berth 7 at the Port of Oakland, San Francisco Bay, CA
Document Number: E9-9167
Type: Rule
Date: 2009-04-22
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone in the navigable waters of the San Francisco Bay, CA at Berth 7 at the Port of Oakland during the offloading of the ZHEN HUA 18. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without the permission of the Captain of the Port or his designated representative.
Safety Zone; April to May Naval Underwater Detonation; Northwest Harbor, San Clemente Island, CA
Document Number: E9-9166
Type: Rule
Date: 2009-04-22
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a safety zone on the navigable waters of the Northwest Harbor of San Clemente Island in support of the Naval Underwater Detonation. This safety zone is necessary to ensure non-authorized personnel and vessels remain safe by keeping clear of the hazardous area during the training activity. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port (COTP) or his designated representative.
Special Local Regulation; Volvo Ocean Race 2009, Nahant, Boston Harbor, MA
Document Number: E9-9165
Type: Rule
Date: 2009-04-22
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a special local regulation during the Volvo Ocean Race 2009 In-Port Race to be held on Broad Sound, off Nahant, Massachusetts, on May 9, 2009. This special local regulation is necessary to provide for the safety of life on navigable waters during the event. This proposed action is intended to restrict vessel traffic before, during and after the race.
Endangered and Threatened Wildlife and Plants; Revised Critical Habitat for the Hine's Emerald Dragonfly
Document Number: E9-9164
Type: Proposed Rule
Date: 2009-04-22
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on our July 26, 2006, proposed rule on the designation of critical habitat for the Hine's emerald dragonfly (Somatochlora hineana) under the Endangered Species Act of 1973, as amended (Act). At this time the Service is reconsidering designating critical habitat on the Hiawatha National Forest in Michigan and the Mark Twain National Forest in Missouri as identified in the July 26, 2006, proposal. During the process of reconsidering the exclusion of these Federal lands, critical habitat designated by the September 5, 2007, final rule remains in place, while the Federal lands as described in the July 2006 proposed rule are considered as proposed critical habitat. Through this notice, the Service is also taking the opportunity pursuant to section 4(a)(3)(B) of the Act to propose a new unit on the Mark Twain National Forest that was not known to be occupied by the Hine's emerald dragonfly at the time of the September 5, 2007, final rule but has since been discovered. The reopened comment period will provide all interested parties with an additional opportunity to submit written comments on the proposed rule, specifically regarding the new proposed unit and the exclusion of U.S. Forest Service lands from the 2007 final designation. Comments previously submitted on the proposed critical habitat designation need not be resubmitted; they have already been incorporated into the public record and will be fully considered in the final decision.
Mail Covers
Document Number: E9-9158
Type: Rule
Date: 2009-04-22
Agency: Postal Service, Agencies and Commissions
The U.S. Postal Service is amending the Code of Federal Regulations to revise the definitions of sealed mail and unsealed mail to reflect current classifications.
Modification of the Atlantic High and San Juan Low Offshore Airspace Areas; East Coast, United States
Document Number: E9-9137
Type: Rule
Date: 2009-04-22
Agency: Federal Aviation Administration, Department of Transportation
This action will amend the boundaries of the Atlantic High and San Juan Low Offshore Airspace Areas located off the east coast of the United States. The implementation of the West Atlantic Route System Plus (WATRS Plus) project modified the boundaries of the Miami Control Area (CTA)/Flight Identification Region (FIR), the San Juan CTA/FIR, and the New York Oceanic CTA/FIR. This action modifies the Atlantic High and San Juan Low Offshore Airspace Area boundaries to coincide with the CTA/FIR changes.
Importation of Table Eggs From Regions Where Exotic Newcastle Disease Exists
Document Number: E9-9102
Type: Rule
Date: 2009-04-22
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the regulations to modify the requirements concerning the importation of eggs (other than hatching eggs) from regions where exotic Newcastle disease (END) exists. This action is necessary to provide a more efficient and equally effective testing option for determining the END status of flocks producing eggs (other than hatching eggs) for export to the United States.
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