April 2009 – Federal Register Recent Federal Regulation Documents

We are proposing to allow, under certain conditions, the importation of commercial shipments of fresh papaya from Colombia and Ecuador into the continental United States. The conditions for the importation of papayas from Colombia and Ecuador include requirements for approved production locations; field sanitation; hot water treatment; procedures for packing and shipping the papayas; and fruit fly trapping in papaya production areas. This action would allow for the importation of papayas from Colombia and Ecuador while continuing to provide protection against the introduction of injurious plant pests into the continental United States.

The Department of Energy (DOE) corrects two errors in its Occupational Radiation Protection regulations. One error originated in a final rulemaking (FR Doc. 98-27366), which was published in the Federal Register of Wednesday, November 4, 1998 (63 FR 59661). The second error originated in a final rulemaking (FR Doc. E7-10477), which was published in the Federal Register of Friday, June 8, 2007 (72 FR 31903).

Modified Base (1% annual-chance) Flood Elevations (BFEs) are finalized for the communities listed below. These modified BFEs will be used to calculate flood insurance premium rates for new buildings and their contents.

This action proposes to amend Class E airspace at Port Clinton, OH. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Carl R. Keller Field Airport, Port Clinton, OH. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) aircraft operations at Carl R. Keller Field Airport.

This action proposes to amend Class E airspace at Ord, NE. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Evelyn Sharp Field Airport, Ord, NE. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) aircraft operations at Evelyn Sharp Field Airport. This action also would update the name and geographic coordinates of the airport to coincide with the FAAs National Aeronautical Charting Office.

EPA is approving a site-specific revision to the Minnesota sulfur dioxide (SO2) State Implementation Plan (SIP) for the Olmsted Waste to Energy Facility (OWEF), located in Rochester, Olmsted County, Minnesota. In its September 28, 2007, submittal, the Minnesota Pollution Control Agency (MPCA) requested that EPA approve certain conditions contained in OWEF's revised Federally enforceable Title V operating permit into the Minnesota SO2 SIP. The request is approvable because it satisfies the requirements of the Clean Air Act (Act). The rationale for the approval and other information are provided in this rulemaking action.

EPA is updating the materials submitted by North Dakota that are incorporated by reference (IBR) into the State Implementation Plan (SIP). The regulations affected by this update have been previously submitted by the Governor of North Dakota and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center located at EPA Headquarters in Washington, DC, and the Regional Office.

NMFS is prohibiting directed fishing for pollock in the West Yakutat District of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2009 total allowable catch (TAC) of pollock in the West Yakutat District of the GOA.

We are adopting a new 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:

This amendment adopts miscellaneous amendments to the required IFR (instrument flight rules) altitudes and changeover points for certain Federal airways, jet routes, or direct routes for which a minimum or maximum en route authorized IFR altitude is prescribed. This regulatory action is needed because of changes occurring in the National Airspace System. These changes are designed to provide for the safe and efficient use of the navigable airspace under instrument conditions in the affected areas.

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 portion of the OCS air regulations that is being updated pertain to the requirements for OCS sources by the Santa Barbara County Air Pollution Control District (Santa Barbara County APCD). The intended effect of approving the OCS requirements for the Santa Barbara 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.

The Coast Guard proposes a safety zone, on the navigable waters of the lower Colorado River, Bullhead City, AZ, in support of a fireworks display fired from the Arizona State Land Base in approximate position 35[deg]09.15' N, 114[deg]34.07' W. This safety zone is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or his designated representative.

NMFS announces a temporary closure of the Eastern U.S./Canada Area to limited access NE multispecies days-at-sea (DAS) vessels. Based upon Vessel Monitoring System (VMS) reports and other available information, the Administrator, Northeast Region, NMFS (Regional Administrator) has projected that 100 percent of the total allowable catch (TAC) of Georges Bank (GB) cod allocated to be harvested from the Eastern U.S./Canada Area would be harvested in the next few days, if current catch rates continue. This action is being taken to prevent the 2008 TAC for GB cod in the Eastern U.S./Canada Area from being exceeded during the 2008 fishing year in accordance with the regulations implemented under Amendment 13 to the NE Multispecies Fishery Management Plan (FMP) and the Magnuson-Stevens Fishery Conservation and Management Act.

The Securities and Exchange Commission (``Commission'') is reopening the period for public comment on proposed amendments to Regulation S-P, which implements the privacy provisions of the Gramm- Leach-Bliley Act (``GLB Act''), originally published in the Federal Register on March 29, 2007. The proposed amendments would, if adopted, create a safe harbor for a model form that financial institutions may use to provide disclosures in initial and annual privacy notices required under Regulation S-P.

This action extends the comment period for an NPRM that was published on January 12, 2009. In that document, the FAA proposed to revise the regulations for crewmember and aircraft dispatcher training programs in domestic, flag, and supplemental operations. This extension is a result of a request from the Air Transport Association of America, Inc., Air Carrier Association of America, Regional Airline Association, and National Air Carrier Association on behalf of their members, and Airbus Americas, Inc. to extend the comment period to the proposal.

The Coast Guard Captain of the Port, Marine Safety Unit Duluth, MN is establishing a temporary safety zone on the Red River, MN. This safety zone is being established to ensure, to the extent practicable, the safety of the public. The safety zone prohibits individuals from entering all navigable waters of the Red River, in the State of Minnesota, north of a line drawn across latitude 46[deg]20'00'' N, including those portions of the river in Wilkin, Clay, Norman, Polk, Marshall and Kittson counties, extending to the United States-Canada international border.

This action confirms the effective date of the direct final rule that establishes controlled airspace at Dallas, GA, published in the Federal Register on October 22, 2008, (73 FR 62876). This action also changes the airport name from Paulding County Airport to Paulding County Regional Airport.

This action modifies the Class D and E airspace at Binghamton Regional/Edwin A. Link Field Airport in Binghamton, NY. After the development of specific Approach Procedures (APs) at the airfield, it was determined the Class D and E Surface airspace should be modified to facilitate a more efficient operation. This rule increases the safety and management of the National Airspace System (NAS) around Binghamton Regional/Edwin A. Link Field.

The Securities and Exchange Commission (``Commission'') is proposing amendments to Regulation SHO under the Securities Exchange Act of 1934 (``Exchange Act''). We are proposing two approaches to restrictions on short sellingone is a price test that would apply on a market wide and permanent basis (``short sale price test'' or ``short sale price test restriction'') and one that would apply only to a particular security during severe market declines in that security (``circuit breaker''). With respect to the first approach, we propose two alternative short sale price tests: One based on the national best bid and the second based on the last sale price. With respect to the second approach, we propose two basic alternatives: One alternative is a circuit breaker rule that would temporarily prohibit short selling in a particular security when there is a severe decline in the price of that security (a ``halt''), which could operate in place of, or in addition to, a short sale price test rule; and the second alternative is a circuit breaker rule that would trigger a short sale price test rule; we propose that such a short sale price test either be based on the national best bid for any security for which there has been a severe price decline or be based on the last sale price for any security for which there has been a severe price decline.

We are announcing receipt of an amendment to the Ohio regulatory program (the ``Ohio program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Ohio has submitted changes to its regulations as a result of its five-year review of Ohio's internal and procedural rules. Changes relate to practice and procedures before the reclamation commission, including definitions, commission meetings, appearance and practice before the commission; appeals to the reclamation commission; filing and service of papers; temporary relief; responsive pleadings; discovery; motions; pre-hearing procedures; notice of hearings and continuance of hearings; site views and location of hearings; conduct of evidentiary hearings; reports and recommendations of the hearing officer; and decisions of the commission.

This final rule terminates the Honey Research, Promotion, and Consumer Information Order (Honey Order) and its rules and regulations in their entirety. The Department previously proposed termination of the Honey Order because of the duplicative nature of the Honey Order with the new honey packers and importers program. This action is necessary because the results of a referendum conducted among honey first handlers and importers between April 2 and April 16, 2008, favored implementation of a new honey packers and importers program, and that program is now in effect. Therefore, termination of the Honey Order is appropriate.

The Department of Defense, General Services Administration, and National Aeronautics and Space Administration have agreed to delay the applicability date of FAR Case 2007-013, Employment Eligibility Verification, to June 30, 2009.

The Nuclear Regulatory Commission (NRC) is making available preliminary draft proposed rule language to amend its regulations to add a new part 37 to Title 10 of the Code of Federal Regulations. This new part 37 will contain the security (physical protection) requirements that are designed to provide reasonable assurance of preventing the theft or diversion of category 1 and category 2 quantities of radioactive material as designated by the International