May 4, 2009 – Federal Register Recent Federal Regulation Documents
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Amendment of Class E Airspace; Refugio, TX
This action amends the legal description of the Class E airspace at Refugio, TX. It removes the reference to the Rockport, TX, Class E airspace area to reflect its incorporation into the Corpus Christi, TX, Class E airspace area (74 FR 7560). All other legal descriptions for the Refugio, TX, airspace area remain the same.
Houston/Galveston Navigation Safety Advisory Committee
The Houston/Galveston Navigation Safety Advisory Committee (HOGANSAC) and its working groups will meet in Texas City, Texas to discuss waterway improvements, aids to navigation, area projects impacting safety on the Houston Ship Channel, and various other navigation safety matters in the Galveston Bay area. All meetings will be open to the public.
Pediatric Device Consortia Grant Program
The Food and Drug Administration (FDA) is announcing the availability of grant funds for the support of the Office of Orphan Products Development (OOPD) Pediatric Device Consortia Grant Program (PDCGP). The goal of the PDCGP is to promote pediatric device development by providing grants to nonprofit consortia whose business model and approach to device development will either result in, or substantially contribute to, market approval of medical devices designed specifically for use in children. Although administered by the OOPD, this grant program is intended to encompass devices that could be used in all pediatric conditions or diseases, not just rare diseases. The pediatric population (neonates, infants, children, and adolescents) includes patients who are 21 years of age or younger at the time of diagnosis or treatment.
Agency Information Collection Activities: Proposed Collection; Comment Request
NARA is giving public notice that the agency proposes to request extension of five currently approved information collections. The first information collection is used for requesting permission to use privately owned equipment to microfilm archival holdings in the National Archives of the United States and Presidential libraries. The second information collection is used by participants in training courses and workshops that NARA conducts. NARA needs the information to assess customer satisfaction with course content and delivery and to ensure that the training meets the customer's needs. The third information collection is used for requesting permission to film, photograph, or videotape at a NARA facility for news purposes. The fourth information collection is used for requesting permission to use NARA facilities for events. The fifth information collection is a form, Independent Researcher Listing Application, NA 14115, used by independent researchers to provide their contact information. The public is invited to comment on the proposed information collection pursuant to the Paperwork Reduction Act of 1995.
Interagency Cooperation Under the Endangered Species Act
With this final rule, the Department of the Interior and the Department of Commerce amend regulations governing interagency cooperation under the Endangered Species Act of 1973, as amended (ESA). In accordance with the statutory authority set forth in the 2009 Omnibus Appropriations Act (Pub. L. 111-8), this rule implements the regulations that were in effect immediately before the effective date of the regulation issued on December 16, 2008, entitled ``Interagency Cooperation Under the Endangered Species Act.''
Radio Broadcasting Service; Cuba, IL
The Audio Division grants a petition for rule making filed by KM Communications, Inc. (``Petitioner'') to substitute Channel 252A for vacant Channel 292 at Cuba, Illinois. Petitioner proposes the foregoing channel substitution to accommodate its construction permit application to substitute Channel 291A for Channel 252A at Abington. Channel 292A can be allotted at Cuba, Illinois, in compliance with the Commission's technical engineering requirements, at 40-25-50 North Latitude and 90- 14-05 West Longitude with a site restriction of 7.9 kilometers (4.9 miles) southwest of Cuba.
Radio Broadcasting Services; Marquez, TX
The Audio Division grants a Petition for Rule Making issued at the request of Charles Crawford, proposing the allotment of Channel 296A at Marquez, Texas, as its first local service. Channel 296A at Marquez can be allotted, consistent with the minimum distance separation requirements of the Commission's Rules with the imposition of a site restriction located 13.6 kilometers (8.4 miles) west of the community at reference coordinates 31-14-20 NL and 96-23-45 WL.
Radio Broadcasting Services; Worthington, IN
This document grants the counterproposal filed by L. Dean Spencer requesting the allotment of Channel 231A at Worthington, Indiana, as the community's first local aural transmission service. This counterproposal was filed in response to the Notice of Proposed Rule Making issued at the request of Bruce Quinn, requesting the allotment of Channel 231A at Oolitic, Indiana, as the community's second local aural transmission service. The coordinates for Channel 231A at Worthington, Indiana, are 39-00-31 NL and 86-55-05 WL. There is a site restriction of 14 kilometers (8.7 miles) south of the community. Proposed Channel 231A is short-spaced to the proposed site of Channel 230B1 at Clinton, Indiana, in MB Docket 05-67, which is pending on reconsideration. Accordingly, the grant of this allotment is subject to the outcome of the petition for reconsideration in MB Docket No. 05-67.
Radio Broadcasting Services; Laramie, WY
The Audio Division, at the request of Superior Broadcasting of Denver, LLC, and White Park Broadcasting, Inc., the petitioner and counterproponent, respectively, in this proceeding, dismisses the petition for rulemaking and the counterproposal and terminates the proceeding.
Radio Broadcasting Services; Cut Bank, MT
The Audio Division, at the request of College Creek Media, LLC, proposes the substitution of Channel 265C1 for Channel 274C1 at Cut Bank, Montana, to resolve a short-spacing to FM Station KEAU's authorized transmitter site. Channel 265C1 can be allotted consistent with the minimum distance separation requirements of the Commission's Rules with the imposition of a site restriction located 39.4 kilometers (24.5 miles) east of Cut Bank. The proposed reference coordinates for Channel 265C1 at Cut Bank are 48-39-28 NL and 111-47-29 WL. The proposed allotment of Channel 265C1 at Cut Bank is located 320 kilometers (199 miles) from the Canadian Border. Therefore, Canadian concurrence has been requested.
Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Government Property (OMB Control Number 0704-0246)
In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), DoD announces the proposed extension of a public information collection requirement and seeks public comment on the provisions thereof. DoD invites comments on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of DoD, including whether the information will have practical utility; (b) the accuracy of the estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. The Office of Management and Budget (OMB) has approved this information collection for use through July 31, 2009. DoD proposes that OMB extend its approval for use for three additional years.
Radio Broadcasting Services; Waverly, AL
This document sets forth a proposal to amend the FM Table of Allotments, Section 73.202(b) of the Commission's rules, 47 CFR 73.202(b). The Commission requests comment on a petition filed by Auburn Network, Inc. Petitioner proposes the substitution of FM Channel 262A for vacant Channel 232A at Waverly, Alabama. The purpose of the requested channel substitution at Custer is to accommodate Petitioner's pending application to change the channel FM Station WGZZ from Channel 262A to Channel 232 at Waverly. Channel 262A can be allotted at Waverly in compliance with the Commission's minimum distance separation requirements with a site restriction of 13 km (8.1 miles) northeast of Waverly. The proposed coordinates for Channel 262A at Waverly are 32- 48-14 North Latitude and 85-41-28 West Longitude. See SUPPLEMENTARY INFORMATION infra.
Notice of Availability: Notice of Funding Availability (NOFA) for Fiscal Year (FY) 2009; Brownfields Economic Development Initiative (BEDI)
HUD announces the availability on its Web site of the application information, submission deadlines, funding criteria, and other requirements for the FY2009 Brownfields Economic Development Initiative (BEDI) NOFA. The BEDI NOFA makes approximately $20 million in assistance available, combining assistance appropriated by the Department of Housing and Urban Development Appropriations Act, 2009 (Pub. L. 111-8, approved March 11, 2009) and the Department of Housing and Urban Development Appropriations Act, 2008 (Pub. L. 110-116, approved December 26, 2007). All BEDI grants must be used in conjunction with a new Section 108-guaranteed loan commitment.
Implementation of New Competitive Prevention, Control, and Mitigation of Harmful Algal Blooms (HAB) Program and Regional Rotation of the Existing and New National Competitive HAB Programs
NOAA announces the implementation, under the authorities of the Harmful Algal Bloom and Hypoxia Research and Control Act (HABHRCA) of 1998, as reauthorized in 2004, of a new competitive research program on Prevention, Control, and Mitigation of Harmful Algal Blooms (PCM HAB). This third national competitive program is a companion to the two existing national harmful algal bloom (HAB) programs, Ecology and Oceanography of Harmful Algal Blooms (ECOHAB) and Monitoring and Event Response of Harmful Algal Blooms (MERHAB), already implemented under the authorities of HABHRCA. PCM HAB will transition promising technologies and strategies for prevention, control, and mitigation, arising from these and other HAB research programs, to end-users. In addition, NOAA is announcing that funding opportunity announcements for ECOHAB, MERHAB, and HAB PCM will be rotated regionally on a three year basis. The three regional groupings are: Gulf of Mexico and Caribbean/ Pacific Islands; West Coast, Alaska, and Great Lakes; and South Atlantic, Mid-Atlantic, Gulf of Maine.
Notice of Availability: Notice of Funding Availability (NOFA) for Fiscal Year (FY) 2009; Rural Housing and Economic Development Program (RHED)
HUD announces the availability on its website of the application information, submission deadlines, funding criteria, and other requirements for the FY2009 Rural Housing and Economic Development (RHED) Program NOFA. The Department of Housing and Urban Development Appropriations Act, 2009 (Pub. L. 111-8, approved March 11, 2009) makes available approximately $26 million in RHED funds, to remain available until expended, and this appropriation is to be competitively awarded by September 1, 2009. Applicants for RHED
Notice of Proposed Information Collection: Comment Request; Pre-Foreclosure Sale Procedure
The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.
Fresh Garlic From the People's Republic of China: Preliminary Results of New Shipper Reviews
The Department of Commerce (Department) is conducting six new shipper reviews (NSRs) of the antidumping duty order on fresh garlic from the People's Republic of China (PRC) covering the periods of review (PORs) of November 1, 2007 through April 30, 2008 and November 1, 2007 through June 9, 2008. As discussed below, we preliminarily determine that sales have been made in the United States at prices below normal value (NV) with respect to certain exporters who participated fully and have demonstrated their eligibility for a separate rate in the NSRs. The NSRs for Jinxiang Tianheng Trade Co., Ltd. and Shandong Jinxiang Zhengyang Import & Export Co., Ltd. continue to be preliminarily rescinded. The dumping margins are set forth in the ``Preliminary Results of the Reviews'' section below. If these preliminary results are adopted in our final results of review, we will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on entries of subject merchandise during the POR for which importer-specific assessment rates are above de minimis. We invite interested parties to comment on these preliminary results. See ``Comments'' section below.
Notice of Proposed Information Collection: Comment Request; Budget-Based Rent Increases
The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Tilefish; Amendment 1
NMFS announces that the Mid-Atlantic Fishery Management Council (Council) has submitted Amendment 1 to the Tilefish Fishery Management Plan (FMP) (Amendment 1), incorporating the Final Environmental Impact Statement (FEIS) and the Initial Regulatory Flexibility Analysis (IRFA), for review by the Secretary of Commerce. NMFS is requesting comments from the public on Amendment 1. The
Submission for OMB Review; Comment Request
The Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.
Mid-Atlantic Fishery Management Council; Atlantic Mackerel, Butterfish, Atlantic Bluefish, Spiny Dogfish, Summer Flounder, Scup, Black Sea Bass, Tilefish, Surfclam, and Ocean Quahog Annual Catch Limits and Accountability Measures Omnibus Amendment; Scoping Process
The Mid-Atlantic Fishery Management Council (Council) extends the comment period on its intention to prepare, in cooperation with NMFS, an EIS in accordance with the National Environmental Policy Act to assess potential effects on the human environment of alternative
Submission for OMB Review; Comment Request
The Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.
Prevailing Rate Systems; Redefinition of Certain Appropriated Fund Federal Wage System Wage Areas
The U.S. Office of Personnel Management (OPM) is issuing a final rule to redefine the geographic boundaries of several appropriated fund Federal Wage System wage areas for pay-setting purposes. Based on recent reviews of Metropolitan Statistical Area boundaries in a number of wage areas, OPM is redefining the following wage areas: Birmingham, AL; Denver, CO; Wilmington, DE; Washington, DC; Atlanta, GA; Columbus, GA; Macon, GA; Chicago, IL; Bloomington-Bedford- Washington, IN; Indianapolis, IN; Louisville, KY; Baltimore, MD; Hagerstown-Martinsburg-Chambersburg, MD; St. Louis, MO; Southern Missouri; Omaha, NE; New York, NY; Philadelphia, PA; Scranton-Wilkes- Barre, PA; Eastern South Dakota; Richmond, VA; and Milwaukee, WI.
Notice of Proposed Information Collection Requests
The Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.
Agency Information Collection Activities; Revision of a Currently Approved Information Collection Request: COMPASS Portal Customer Satisfaction Assessment
In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for its review and approval and invites public comment. The collection involves the assessment of Federal Motor Carrier Safety Administration's (FMCSA's) strategic decision to integrate its Information Technology (IT) with its business processes using portal technology to consolidate its systems and databases through the FMCSA COMPASS modernization initiative. The information to be collected will be used to assess the satisfaction of Federal, State, and industry customers with the FMCSA COMPASS Portal. On January 29, 2009, FMCSA published a Federal Register notice (at 74 FR 5207) allowing for a 60-day comment period on the revision of this ICR. No comments were received in response to the notice.
Qualification of Drivers; Exemption Applications; Vision
FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 19 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.
Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; 2009 Atlantic Bluefish Specifications
NMFS issues final specifications for the 2009 Atlantic bluefish fishery, including state-by-state commercial quotas, a recreational harvest limit, and recreational possession limits for Atlantic bluefish off the east coast of the United States. The intent of these specifications is to establish the allowable 2009 harvest levels and possession limits to attain the target fishing mortality rate (F), consistent with the Atlantic Bluefish Fishery Management Plan (FMP).
Marine Mammals; File No. 633-1763
Notice is hereby given that the Center for Coastal Studies (CCS), P.O. Box 1036,Provincetown, MA 02657, has withdrawn its application for an amendment to scientific research Permit No. 633- 1763.
Ocean Education Grants for AZA Aquariums
The NOAA Office of Education (OEd) is issuing a request for applications to support education projects designed to engage the public in activities that increase ocean and/or climate literacy and the adoption of a stewardship ethic. Funded projects will be between one and five years in duration and will support ocean education projects led by eligible applicants. Eligible applicants are only 501(c)(3) non-profit organizations that are either aquariums accredited by the Association of Zoos and Aquariums (AZA) or have a legally sanctioned affiliation with an AZA-accredited aquarium. There is a required 50 percent non-Federal cost-share of the total Federal request, e.g., if the Federal request is $1,000,000, the applicant is required to submit a non-Federal match equal to $500,000. This solicitation meets NOAA's mission goal to protect, restore, and manage the use of coastal and ocean resources through an ecosystem approach to management. It is anticipated that recommendations for funding under this announcement will be made by August 30, 2009, and that projects funded under this announcement will have a start date no earlier than October 1, 2009. Note: A PDF version of this announcement is available at https:// www.oesd.noaa.gov/funding_opps.html.
Special Conditions: Model C-27J Airplane; Interaction of Systems and Structures
This action proposes special conditions for the Alenia Model C-27J airplane. This airplane has novel or unusual design features when compared to the state of technology described in the airworthiness standards for transport-category airplanes. These design features include electronic flight-control systems. These special conditions pertain to the effects of novel or unusual design features such as effects on the structural performance of the airplane. We have issued additional special conditions for other novel or unusual design features of the C-27J.
Proposed Establishment of VOR Federal Airway V-626; UT
This action proposes to establish VOR Federal Airway 626 (V- 626) located between the Myton, UT, Very High Frequency Omnidirectional Range/Tactical Air Navigation (VORTAC) and the Salt Lake City terminal Area. This route would improve aircraft flow during busy traffic periods into the Salt Lake City terminal area. This new jet route would provide a more precise means of navigation and reduce controller workload.
Airworthiness Directives; Thrush Aircraft, Inc. (Type Certificate Previously Held by Quality Aerospace, Inc. and Ayres Corporation) Model 600 S2D and S2R (S-2R) Series Airplanes
We propose to supersede Airworthiness Directive (AD) 2006-07- 15, which applies to Thrush Aircraft, Inc. Model 600 S2D and S2R (S-2R) series airplanes (type certificate previously held by Quality Aerospace, Inc. and Ayres Corporation). AD 2006-07-15 currently requires repetitive inspections of the \1/4\-inch and \5/16\-inch bolt hole areas on the wing front lower spar caps for fatigue cracking; replacement or repair any wing front lower spar cap where fatigue cracks are found; and reporting of any fatigue cracks found to the FAA. AD 2006-07-15 also puts the affected airplanes into groups for compliance time and applicability purposes. Since we issued AD 2006-07- 15, FAA analysis reveals that inspections are not detecting all existing cracks and shows the incidences of undetected cracks will increase as the airplanes age. Consequently, this proposed AD would retain the actions of AD 2006-07-15 and impose a life limit on the wing front lower spar caps that requires replacement of the wing front lower spar caps when the life limit is reached. This proposed AD would also change the requirements and applicability of the groups discussed above and remove the ultrasonic inspection method. We are proposing this AD to prevent wing front lower spar cap failure caused by undetected fatigue cracks. Such failure could result in loss of a wing in flight.
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