May 6, 2009 – Federal Register Recent Federal Regulation Documents

Television Broadcasting Services; Bryan, TX
Document Number: E9-10537
Type: Rule
Date: 2009-05-06
Agency: Federal Communications Commission, Agencies and Commissions
The Commission grants a petition for rulemaking filed by Comcorp of Bryan License Corp., the licensee of post-transition station KYLE-DT, DTV channel 29, to substitute its originally assigned DTV channel 28, for post-transition DTV channel 29 at Bryan, Texas and to move its transmitter location and make associated technical changes.
Revisions to the California State Implementation Plan, Santa Barbara County Air Pollution Control District
Document Number: E9-10535
Type: Proposed Rule
Date: 2009-05-06
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to the Santa Barbara County Air Pollution Control District (SBCAPCD) portion of the California State Implementation Plan (SIP). This action revises and adds various definitions of terms used by the SBCAPCD. Under authority of the Clean Air Act as amended in 1990 (CAA or the Act), we are
Revisions to the California State Implementation Plan, Santa Barbara County Air Pollution Control District
Document Number: E9-10533
Type: Rule
Date: 2009-05-06
Agency: Environmental Protection Agency
EPA is taking direct final action to approve revisions to the Santa Barbara County Air Pollution Control District (SBCAPCD) portion of the California State Implementation Plan (SIP). Under authority of the Clean Air Act as amended in 1990 (CAA or the Act), we are approving
Privacy Act of 1974, Implementation of Exemptions
Document Number: E9-10531
Type: Rule
Date: 2009-05-06
Agency: Agency for International Development, Agencies and Commissions
This document delays the effective date by 90 days for the final rule exempting portions of the Partner Vetting System from one or more provisions of the Privacy Act, as published in the Federal Register on January 2, 2009 and delayed on February 2, 2009, and on April 2, 2009.
Revisions to the California State Implementation Plan, North Coast Unified Air Quality Management District
Document Number: E9-10523
Type: Proposed Rule
Date: 2009-05-06
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to the North Coast Unified Air Quality Management District portion of the California State Implementation Plan (SIP). This action revises and adds various definitions of terms used by the NCUAQMD. Under authority of the Clean Air Act as amended in 1990 (CAA or the Act), we are proposing to
Revisions to the California State Implementation Plan, North Coast Unified Air Quality Management District
Document Number: E9-10522
Type: Proposed Rule
Date: 2009-05-06
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to the North Coast Unified Air Quality Management District (NCUAQMD) portion of the California State Implementation Plan (SIP). Under authority of the Clean Air Act as amended in 1990 (CAA or the Act), we are proposing to
Revisions to the California State Implementation Plan, North Coast Unified Air Quality Management District
Document Number: E9-10521
Type: Rule
Date: 2009-05-06
Agency: Environmental Protection Agency
EPA is taking direct final action to approve revisions to the North Coast Unified Air Quality Management District (NCUAQMD) portion of the California State Implementation Plan (SIP). Under authority of the Clean Air Act as amended in 1990 (CAA or the Act), we are approving
Revisions to the California State Implementation Plan, South Coast Air Quality Management District Sacramento Metropolitan Air Quality Management District
Document Number: E9-10520
Type: Rule
Date: 2009-05-06
Agency: Environmental Protection Agency
EPA is taking direct final action to approve revisions to the South Coast Air Quality Management District (SCAQMD) and Sacramento Metropolitan Air Quality Management District (SMAQMD) portion of the California State Implementation Plan (SIP). These revisions concern oxides of nitrogen (NOx) emissions from boilers, process heaters, steam generators and residential water heaters. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Revisions to the California State Implementation Plan, South Coast Air Quality Management District; Sacramento Metropolitan Air Quality Management District
Document Number: E9-10515
Type: Proposed Rule
Date: 2009-05-06
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to the South Coast Air Quality Management District (SCAQMD) and Sacramento Metropolitan Air Quality Management District (SMAQMD) portion of the California State Implementation Plan (SIP). These revisions concern oxides of nitrogen (NOX) emissions from residential water heaters, Boilers, Process Heaters and Steam Generators. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Revisions to the California State Implementation Plan, North Coast Unified Air Quality Management District.
Document Number: E9-10509
Type: Rule
Date: 2009-05-06
Agency: Environmental Protection Agency
EPA is taking direct final action to approve revisions to the North Coast Unified Air Quality Management District (NCUAQMD) portion of the California State Implementation Plan (SIP). This action revises and adds various definitions of terms used by the NCUAQMD. Under authority of the Clean Air Act as amended in 1990 (CAA or the Act), we
Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications Modification
Document Number: E9-10506
Type: Proposed Rule
Date: 2009-05-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes a regulation to adjust the harvest specifications for Pacific sardine in the U.S. exclusive economic zone (EEZ) off the Pacific coast for the fishing season of January 1, 2009, through December 31, 2009. The proposed action would increase the tonnage of Pacific sardine allocated for industry conducted research from 1200 metric tons (mt) to 2400 mt and decreases the second and third period directed harvest allocations by 750 mt and 450 mt, respectively.
IP-Enabled Services; Implementation of Sections 255 and 251(a)(2) of the Communications Act of 1934, as Enacted by the Telecommunications Act of 1996: Access to Telecommunications Service, Telecommunications Equipment and Customer Premises Equipment by Persons With Disabilities; Telecommunications Relay Services and Speech-to-Speech Services for Individuals With Hearing and Speech Disabilities
Document Number: E9-10502
Type: Rule
Date: 2009-05-06
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission, via the Consumer and Governmental Affairs Bureau, extends the limited waiver granted in the Implementation of Sections 255 and 251(a)(2) of the Communications Act of 1934, as Enacted by the Telecommunications Act of 1996: Access to Telecommunications Service, Telecommunications Equipment and Customer Premises Equipment by Persons with Disabilities; Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, Order (2008 TRS 711 Waiver Order) of the requirement that traditional telecommunications relay service (TRS) providers (those providing relay service via the public switched telephone network and a text telephone (TTY)) must automatically and immediately call an appropriate Public Safety Answering Point (PSAP) when receiving an emergency 711-dialed call placed by an interconnected voice over Internet Protocol (VoIP) user. In taking this action, the Commission grants, to the extent provided herein, the petition for extension of waiver filed by AT&T Inc. (AT&T) and Sprint Nextel Corporation (Sprint) with respect to traditional TRS providers' duty to automatically and immediately route emergency 711 calls that originate on the network of an interconnected VoIP provider.
Novaluron; Pesticide Tolerances for Emergency Exemptions
Document Number: E9-10499
Type: Rule
Date: 2009-05-06
Agency: Environmental Protection Agency
This regulation establishes a time-limited tolerance for residues of novaluron in or on strawberry. 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 strawberries. This regulation establishes a maximum permissible level for residues of novaluron in this food commodity. The time-limited tolerance expires and is revoked on December 31, 2011.
Medicaid Program: Rescission of School-Based Services Final Rule, Outpatient Services Definition Final Rule, and Partial Rescission of Case Management Services Interim Final Rule
Document Number: E9-10494
Type: Proposed Rule
Date: 2009-05-06
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This rule proposes to rescind the December 28, 2007 final rule entitled ``Elimination of Reimbursement Under Medicaid for School Administration Expenditures and Costs Related to Transportation of School-Age Children Between Home and School''; the November 7, 2008 final rule entitled ``Clarification of Outpatient Hospital Facility (Including Outpatient Hospital Clinic) Services Definition''; and certain provisions of the December 4, 2007 interim final rule with comment period entitled ``Optional State Plan Case Management Services.'' These regulations have been the subject of Congressional moratoria and have not yet been implemented (or, with respect to case management interim final rule, have only been partially implemented) by CMS. In light of concerns raised about the adverse effects that could result from these regulations, in particular the potential restrictions on services available to beneficiaries, potential deleterious effect on state partners in the economic downturn, and the lack of clear evidence demonstrating that the approaches taken in the regulations are warranted, CMS is proposing to rescind the two final rules in full, and to partially rescind the interim final rule. Rescinding these provisions will permit further opportunity to determine the best approach to further the objectives of the Medicaid program in providing necessary health benefits coverage to needy individuals.
Removal of T 37 Jet Trainer Aircraft and Parts From the Commerce Control List
Document Number: E9-10468
Type: Rule
Date: 2009-05-06
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This rule removes the T 37 jet trainer aircraft and specially designed component parts from under the Department of Commerce's licensing jurisdiction on the Commerce Control List (CCL). T 37 jet trainer aircraft appear on the CCL administered by the Department of Commerce, Bureau of Industry and Security (BIS). However, the Department of State, Directorate of Defense Trade Controls (DDTC) reviews license applications for these aircraft and parts. BIS is removing these aircraft and parts from the CCL to avoid potentially overlapping coverage and reduce the possibility of confusion by the public.
Medicaid Program; Health Care-Related Taxes
Document Number: E9-10460
Type: Proposed Rule
Date: 2009-05-06
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This proposed rule would delay enforcement of certain portions of the final rule entitled ``Medicaid Program; Health Care-Related Taxes'' from the expiration of a Congressional moratorium on enforcement on July 1, 2009 until June 30, 2010. That final rule revised the threshold levels under the regulatory indirect guarantee hold harmless arrangement test to reflect the provisions of the Tax Relief and Health Care Act of 2006, amended the definition of the ``class of managed care organization services,'' and removed obsolete transition period regulatory language. These changes would not be affected by this delay of enforcement. The final rule also clarified the standard for determining the existence of a hold harmless arrangement under the positive correlation test, Medicaid payment test, and the guarantee test. This proposed rule would delay enforcement of these latter provisions, concerning hold harmless arrangements, for 1 year.
Airworthiness Directives; Airbus Model A318, A319, A320, and A321 Airplanes
Document Number: E9-10421
Type: Rule
Date: 2009-05-06
Agency: Federal Aviation Administration, Department of Transportation
The FAA is correcting a typographical error in an existing airworthiness directive (AD) that was published in the Federal Register on March 24, 2009 (74 FR 12247). The error resulted in publication of an incorrect AD number. This AD applies to certain Airbus Model A318, A319, A320, and A321 airplanes. This AD requires the installation of improved cockpit door latch/striker assemblies.
General Services Administration Acquisition Regulation; GSAR Case 2006-G520; Rewrite of Part 525, Foreign Acquisition
Document Number: E9-10419
Type: Rule
Date: 2009-05-06
Agency: General Services Administration, Agencies and Commissions
The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to revise and update the agency's implementation of Federal Acquisition Regulation (FAR) Part 25.
Modification of Class D and E Airspace; Albemarle, NC
Document Number: E9-10397
Type: Rule
Date: 2009-05-06
Agency: Federal Aviation Administration, Department of Transportation
This action modifies Class D and Class E airspace at Albemarle, NC. Controlled airspace is being expanded to contain the Final Approach Fix (FAF) for a Standard Instrument Approach Procedure (SIAP) into Stanly County Airport. This action enhances the National Airspace System by providing controlled airspace in the vicinity of Albemarle, NC.
Establishment of Class E Airspace; Clewiston, FL
Document Number: E9-10396
Type: Rule
Date: 2009-05-06
Agency: Federal Aviation Administration, Department of Transportation
This action confirms the effective date of a direct final rule that establishes Class E Airspace at Clewiston, FL needed to support new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) developed for Airglades Airport. As a result, controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain the SIAP and for Instrument Flight Rule (IFR) operations changing the operating status of the airport from Visual flight Rules (VFR) to include IFR operations concurrent with the publication of the SIAP.
Establishment of Class E Airspace; Russellville, AL
Document Number: E9-10395
Type: Rule
Date: 2009-05-06
Agency: Federal Aviation Administration, Department of Transportation
This action confirms the effective date of a direct final rule that establishes Class E Airspace at Russellville, AL needed to support new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) developed for Russellville Municipal Airport. As a result, controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain the SIAP and for Instrument Flight Rule (IFR) operations changing the operating status of the airport from Visual flight Rules (VFR) to include IFR operations concurrent with the publication of the SIAP.
Establishment of Class E Airspace; Morehead, KY
Document Number: E9-10394
Type: Rule
Date: 2009-05-06
Agency: Federal Aviation Administration, Department of Transportation
This action confirms the effective date of a direct final rule establishing Class E Airspace at Morehead, KY. Controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain the Standard Instrument Approach Procedures (SIAPs) at the airport.
Amendment to Class E Airspace; Rutland, VT
Document Number: E9-10372
Type: Rule
Date: 2009-05-06
Agency: Federal Aviation Administration, Department of Transportation
This action confirms the effective date of a direct final rule that amends the Class E Airspace at Rutland-Southern Vermont Regional (RUT); Rutland, VT to provide adequate controlled airspace for those aircraft using Instrument Approach Procedures to the airport. The action became necessary due to the decommissioning of the IRA NDB and new Standard Instrument Approach Procedures (SIAPs) being developed for Rutland-Southern Vermont Regional Airport. This rule also imparts a technical amendment to change the name of the airport from Rutland State Airport to Rutland-Southern Vermont Regional.
Pacific Halibut Fisheries; Guided Sport Charter Vessel Fishery for Halibut
Document Number: E9-10337
Type: Rule
Date: 2009-05-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS implements regulations to limit the harvest of Pacific halibut by guided sport charter vessel anglers in International Pacific Halibut Commission (IPHC) Regulatory Area 2C (Area 2C) of Southeast Alaska to one halibut per day. This action is necessary to reduce the halibut harvest in the guided sport charter vessel (guided) sector. The intended effect of this action is to manage the harvest of halibut in Area 2C consistent with an allocation strategy recommended by the North Pacific Fishery Management Council for the guided fishery and the commercial fishery. This final rule implements three restrictions for the guided fishery for halibut in Area 2C: a one-fish daily bag limit, no harvest by the charter vessel guide and crew, and a line limit equal to the number of charter vessel anglers onboard, not to exceed six lines.
National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry
Document Number: E9-10206
Type: Proposed Rule
Date: 2009-05-06
Agency: Environmental Protection Agency
EPA is proposing amendments to the current National Emission Standards for Hazardous Air Pollutants (NESHAP) from the Portland Cement Manufacturing Industry. These proposed amendments would add or revise, as applicable, emission limits for mercury, total hydrocarbons (THC), and particulate matter (PM) from kilns and in-line kiln/raw mills located at a major or an area source, and hydrochloric acid (HCl) from kilns and in-line kiln/raw mills located at major sources. These proposed amendments also would remove the following four provisions in the current regulation: the operating limit for the average hourly recycle rate for cement kiln dust; the requirement that cement kilns only use certain type of utility boiler fly ash; the opacity limits for kilns and clinker coolers; and the 50 parts per million volume dry (ppmvd) THC emission limit for new greenfield sources. EPA is also proposing standards which would apply during startup, shutdown, and operating modes for all of the current section 112 standards applicable to cement kilns.
Medicare Program; Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2010
Document Number: E9-10078
Type: Proposed Rule
Date: 2009-05-06
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This proposed rule would update the payment rates for inpatient rehabilitation facilities (IRFs) for Federal fiscal year (FY) 2010 (for discharges occurring on or after October 1, 2009 and on or before September 30, 2010) as required under section 1886(j)(3)(C) of the Social Security Act (the Act). Section 1886(j)(5) of the Act requires the Secretary to publish in the Federal Register on or before the August 1 that precedes the start of each fiscal year, the classification and weighting factors for the IRF prospective payment system's (PPS) case-mix groups and a description of the methodology and data used in computing the prospective payment rates for that fiscal year.
Morpholine 4-C6-12
Document Number: E9-10071
Type: Rule
Date: 2009-05-06
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of Morpholine 4-C6-12 Acyl derivatives (CAS Reg. No. 887947-29-7), herein referred to in this document as morpholine amide when used as the inert ingredient in pesticide formulations applied in or on growing crops. Huntsman 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 morpholine amide.
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