May 8, 2009 – Federal Register Recent Federal Regulation Documents

Lead-Based Paint Poisoning Prevention in Certain Residential Structures
Document Number: E9-10939
Type: Rule
Date: 2009-05-08
Agency: Environmental Protection Agency
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Closure of the 2009 Gulf of Mexico Recreational Fishery for Red Snapper
Document Number: E9-10822
Type: Rule
Date: 2009-05-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS closes the recreational fishery for red snapper in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf). In addition, a person aboard a vessel for which a Federal charter vessel/ headboat permit for Gulf reef fish has been issued, must also abide by these closure provisions in state waters if the Federal closure provisions are more restrictive than applicable state law. NMFS has determined this action is necessary to prevent the recreational fishery from exceeding its quota for the fishing year. This closure is necessary to prevent overfishing of Gulf red snapper.
Electronic Filing of Trade Documents for Fishery Products
Document Number: E9-10820
Type: Proposed Rule
Date: 2009-05-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this advance notice of proposed rulemaking to announce that it is revising procedures to file import and export documentation for certain fishery products to meet requirements of the SAFE Port Act of 2006, the Magnuson-Stevens Fishery Conservation and Management Act, other applicable statutes, and obligations that arise from U.S. participation in regional fishery management organizations. Specifically, NMFS intends to integrate the collection of trade documentation within the government-wide International Trade Data System and require electronic information collection through the automated internet portal maintained by the United States Customs and Border Protection. NMFS is seeking advance public comment on the feasibility of electronic reporting by parties involved in an import or export transaction for applicable seafood products.
Petition for Expedited Rulemaking and Other Relief on Behalf of American Bird Conservancy, Defenders of Wildlife and National Audubon Society
Document Number: E9-10815
Type: Proposed Rule
Date: 2009-05-08
Agency: Federal Communications Commission, Agencies and Commissions
In this document, comment is sought on a petition for Expedited Rulemaking and Other Relief on Behalf of American Bird Conservancy, Defenders of Wildlife and National Audubon Society (Petitioners). Petitioners request that the Commission adopt new rules on an expedited basis to comply with the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), and the Migratory Bird Treaty Act (MBTA), and their implementing regulations, and to carry out the mandate of the U.S. Court of Appeals for the District of Columbia Circuit in American Bird Conservancy, Inc. v. FCC, 516 F.3d 1027 (DC Cir. 2008).
Special Requirements for Private Use Transport Category Airplanes
Document Number: E9-10807
Type: Rule
Date: 2009-05-08
Agency: Federal Aviation Administration, Department of Transportation
This special federal aviation regulation (SFAR) amends the airworthiness standards for transport category airplanes by adding new cabin interior criteria for operators of private use, not for hire, not for common carriage airplanes. These standards may be used instead of the specific requirements that affect transport category airplanes operated by air carriers. These standards supplement the requirements for operation under the air traffic and general operating rules. This SFAR provides alternative criteria for transport category airplanes that are operated for private use while continuing to provide an acceptable level of safety for those operations.
Vocational Rehabilitation and Employment Program-Basic Entitlement; Effective Date of Induction Into a Rehabilitation Program; Cooperation in Initial Evaluation
Document Number: E9-10806
Type: Proposed Rule
Date: 2009-05-08
Agency: Department of Veterans Affairs
This document proposes to amend the vocational rehabilitation and employment regulations of the Department of Veterans Affairs (VA). Specifically, it proposes to amend provisions concerning: individuals' basic entitlement to vocational rehabilitation benefits and services; effective dates of induction into a rehabilitation program, including retroactive induction; and cooperation and lack of cooperation in the initial evaluation process. The proposed amendments are intended to update pertinent regulations to reflect changes in law, VA's interpretation of applicable law, and VA's determination of appropriate procedures, and to improve clarity.
Safety Zone; Chicago Harbor, Navy Pier East, Chicago, IL
Document Number: E9-10756
Type: Rule
Date: 2009-05-08
Agency: Coast Guard, Department of Homeland Security
The Coast Guard will enforce the Navy Pier East Safety Zone in Chicago Harbor from 9 p.m. until 9:40 p.m. on May 22, 2009. This action is necessary to protect vessels and people from the hazards associated with fireworks displays. All vessels must obtain permission from the Captain of the Port or his on-scene representative to enter, move within or exit the safety zone.
Regulated Navigation Areas; Bars Along the Coasts of Oregon and Washington
Document Number: E9-10755
Type: Proposed Rule
Date: 2009-05-08
Agency: Coast Guard, Department of Homeland Security
The Coast Guard announces the reopening of the comment period to receive comments on the notice of proposed rulemaking (NPRM) entitled ``Regulated Navigation Areas; Bars Along the Coasts of Oregon and Washington'' that was published in the Federal Register on February 12, 2009. As stated in the NPRM, the Coast Guard proposes to establish Regulated Navigation Areas (RNA) covering specific bars along the coasts of Oregon and Washington that will include procedures for restricting and/or closing those bars as well as additional safety requirements for recreational and small commercial vessels operating in the RNAs. The RNAs are necessary to help ensure the safety of the persons and vessels operating in those hazardous bar areas. The RNAs will do so by establishing clear procedures for restricting and/or closing the bars and mandating additional safety requirements for recreational and small commercial vessels operating in the RNAs when certain conditions exist.
Special Local Regulations for Marine Events; Patuxent River, Patuxent River, MD
Document Number: E9-10751
Type: Rule
Date: 2009-05-08
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing temporary special local regulations for ``U.S. Naval Air Station Patuxent River Air Expo 2009'', an aerial demonstration to be held over the waters of the Patuxent River adjacent to Patuxent River, Maryland. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action will restrict vessel traffic in portions of the Patuxent River during the aerial demonstration.
International Air Pollution Prevention (IAPP) Certificates
Document Number: E9-10749
Type: Rule
Date: 2009-05-08
Agency: Coast Guard, Department of Homeland Security
By this direct final rule, the Coast Guard amends its vessel inspection regulations to add the International Air Pollution Prevention (IAPP) certificate to the list of certificates a recognized classification society may be authorized to issue on behalf of the United States. This action is being taken because the United States recently deposited an instrument of ratification with the International Maritime Organization for Annex VI of the International Convention for the Prevention of Pollution by Ships, 1973 as modified by the Protocol of 1978 (MARPOL 73/78). As a result, Annex VI entered into force for the United States on January 8, 2009. This rulemaking will offer a more efficient means for U.S. ships to obtain an IAPP certificate.
Age as a Factor in Evaluating Disability
Document Number: E9-10733
Type: Proposed Rule
Date: 2009-05-08
Agency: Social Security Administration, Agencies and Commissions
We are withdrawing the proposed rules entitled ``Age as a Factor in Evaluating Disability'' that we published in the Federal Register on November 4, 2005.
Airworthiness Directives; PILATUS AIRCRAFT LTD. Models PC-12, PC-12/45, PC-12/47 and PC-12/47E Airplanes
Document Number: E9-10728
Type: Proposed Rule
Date: 2009-05-08
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for the products listed above that would supersede an existing AD. This proposed 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 (two different MCAI) describe the unsafe conditions as:
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Southwest Alaska Distinct Population Segment of the Northern Sea Otter (Enhydra lutris kenyoni)
Document Number: E9-10715
Type: Proposed Rule
Date: 2009-05-08
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 proposal to designate critical habitat for the southwest Alaska Distinct Population Segment (DPS) of the northern sea otter (Enhydra lutris kenyoni) under the Endangered Species Act of 1973, as amended (Act). This action will provide all interested parties with an additional opportunity to submit written comments on our December 16, 2008, proposed rule to designate approximately 15,225 square kilometers (km\2\) (5,879 square miles (mi\2\)) as critical habitat.
TRICARE; Hospital Outpatient Prospective Payment System (OPPS): Statement Concerning Additional Public Comments Following Final Rule Issuance
Document Number: E9-10708
Type: Rule
Date: 2009-05-08
Agency: Office of the Secretary, Department of Defense
This document is to inform the public of DoD's views regarding the additional public comments that were invited by the document published February 6, 2009 (74 FR 6228), on the final rule issued December 10, 2008 (73 FR 74945). DoD is making no changes to the final rule as implementation of the Temporary Military Contingency Payment Adjustment (TMCPA) included in the final rule will accommodate the major concerns expressed in the additional public comments.
Finding of Failure To Submit State Implementation Plans Required for the 1997 8-Hour Ozone National Ambient Air Quality Standard; North Carolina and South Carolina
Document Number: E9-10683
Type: Rule
Date: 2009-05-08
Agency: Environmental Protection Agency
EPA is taking a final action finding that North Carolina and South Carolina have failed to submit state implementation plan (SIP) revisions to satisfy certain requirements of the Clean Air Act (CAA) for the 1997 8-hour ozone national ambient air quality standards (NAAQS). The submissions at issue were due because the Charlotte bi- state area (Charlotte Area), which includes areas in both North and South Carolina, is a moderate nonattainment area for the 1997 8-hour ozone standard. Under the CAA and EPA's implementing regulations, states with nonattainment areas classified as moderate, serious, severe or extreme were required to submit by June 15, 2007, SIPs: demonstrating how each nonattainment area would attain the 1997 8-hour ozone standard as expeditiously as practicable but no later than the applicable dates established in the implementing regulations and demonstrating reasonable further progress (RFP). Additionally, states were required by September 15, 2006, to submit for these same areas, SIPs demonstrating that sources specified under the CAA were subject to reasonably available control technology requirements (RACT). North Carolina and South Carolina made these required submissions but later withdrew the attainment demonstration submissions for the Charlotte Area. As a result, EPA is making a finding of failure to submit for both North Carolina and South Carolina of the attainment demonstrations for the Charlotte Area.
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Attainment Demonstration for the Baltimore 8-Hour Ozone Moderate Nonattainment Area
Document Number: E9-10682
Type: Proposed Rule
Date: 2009-05-08
Agency: Environmental Protection Agency
EPA is proposing to disapprove the ozone attainment demonstration portion of a comprehensive State Implementation Plan (SIP) revision submitted by the State of Maryland to meet the Clean Air Act (CAA) requirements for attaining the 8-hour ozone national ambient air quality standard (NAAQS) for the Baltimore moderate nonattainment area (Baltimore Area). The Baltimore Area comprises Baltimore City and the surrounding Counties of Baltimore, Carroll, Anne Arundel, Howard, and Harford. EPA is proposing to disapprove Maryland's attainment demonstration of the 8-hour ozone NAAQS for the Baltimore Area because EPA has determined that the photochemical modeling does not demonstrate attainment, and the weight of evidence (WOE) analysis that Maryland uses to support the attainment demonstration does not provide the sufficient evidence that Baltimore will attain the NAAQS by the June 2010 deadline.
Approval and Promulgation of Air Quality Implementation Plans; Delaware; Attainment Demonstration for the Philadelphia-Wilmington-Atlantic City Moderate 8-Hour Ozone Nonattainment Area
Document Number: E9-10680
Type: Proposed Rule
Date: 2009-05-08
Agency: Environmental Protection Agency
EPA is proposing to disapprove the ozone attainment demonstration portion of a comprehensive State Implementation Plan (SIP) revision submitted by the State of Delaware to meet the Clean Air Act (CAA) requirements for attaining the 8-hour ozone national ambient air quality standard (NAAQS) for the Delaware portion of the Philadelphia-Wilmington-Atlantic City moderate nonattainment area (Philadelphia Area). EPA is proposing to disapprove Delaware's attainment demonstration of the 8-hour ozone NAAQS for the Philadelphia Area because EPA has determined that the photochemical modeling does not demonstrate attainment, and the weight of evidence analysis that Delaware uses to support the attainment demonstration does not provide the sufficient evidence that the Delaware portion of the Philadelphia nonattainment area will attain the NAAQS by the June 2010 deadline.
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Attainment Demonstration for the Philadelphia-Wilmington-Atlantic City Moderate 8-Hour Ozone Nonattainment Area
Document Number: E9-10677
Type: Proposed Rule
Date: 2009-05-08
Agency: Environmental Protection Agency
EPA is proposing to disapprove the ozone attainment demonstration portion of a comprehensive State Implementation Plan (SIP) revision submitted by the State of Maryland to meet Clean Air Act (CAA) requirements for attaining the 8-hour ozone national ambient air quality standard (NAAQS) for Cecil County, which is the Maryland portion of the Philadelphia-Wilmington-Atlantic City moderate nonattainment area (Philadelphia Area). EPA is proposing to disapprove Maryland's attainment demonstration of the 8-hour ozone NAAQS for the Philadelphia Area because EPA has determined that the photochemical modeling does not demonstrate attainment, and the weight of evidence (WOE) analysis that Maryland uses to support the attainment demonstration does not provide the sufficient evidence that Cecil County will attain the NAAQS by the June 2010 deadline.
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Attainment Demonstration for the Philadelphia-Wilmington-Atlantic City Moderate 8-Hour Ozone Nonattainment Area
Document Number: E9-10675
Type: Proposed Rule
Date: 2009-05-08
Agency: Environmental Protection Agency
EPA is proposing to disapprove the ozone attainment demonstration portion of a comprehensive State Implementation Plan (SIP) revision submitted by the Pennsylvania Department of Environmental Protection (PADEP) to meet the Clean Air Act (CAA) requirements for attaining the 8-hour ozone national ambient air quality standard (NAAQS) for the five-county Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City moderate nonattainment area (Philadelphia Area). The five-county Pennsylvania portion of the Philadelphia Area comprises Bucks, Chester, Delaware, Montgomery, and Philadelphia Counties. EPA is proposing to disapprove Pennsylvania's 8- hour ozone attainment demonstration plan for its portion of the Philadelphia Area because EPA has determined that the photochemical modeling does not demonstrate attainment, and the weight of evidence analysis that Pennsylvania uses to support the attainment demonstration, does not provide the sufficient evidence that the Philadelphia Area, will attain the NAAQS by the June 2010 deadline.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Limited Access General Category Scallop Fishery to Individual Fishing Quota Scallop Vessels
Document Number: E9-10673
Type: Rule
Date: 2009-05-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that the Limited Access General Category (LAGC) Scallop Fishery will close to individual fishing quota (IFQ) scallop vessels until it re-opens on June 1, 2009, under current regulations. This action is based on the determination that the first quarter scallop total allowable catch (TAC) for LAGC IFQ scallop vessels (including vessels issued an IFQ letter of authorization (LOA) to fish under appeal), is projected to be landed. This action is being taken to prevent IFQ scallop vessels from exceeding the 2009 first quarter TAC, in accordance with the regulations implementing Amendment 11 to the Atlantic Sea Scallop Fishery Management Plan (FMP), enacted by Framework 19 to the FMP, and the Magnuson-Stevens Fishery Conservation and Management Act.
Responsibility of Applicants for Promoting Objectivity in Research for Which Public Health Service Funding Is Sought and Responsible Prospective Contractors; Request for Comments
Document Number: E9-10666
Type: Proposed Rule
Date: 2009-05-08
Agency: Department of Health and Human Services
On behalf of the Department of Health and Human Services (HHS) and the Public Health Service (PHS), a component of the HHS, the National Institutes of Health (NIH) seeks comments from the public on whether the HHS should amend its regulations on the responsibility of applicants for promoting objectivity in research for which phs funding is sought and on responsible prospective. We are interested particularly in receiving comments on the issues presented below from the general public, individual Investigators, scientific societies and associations, Members of Congress, other Federal agencies that support or conduct research, and institutions that receive PHS funds to conduct or support biomedical or behavioral research.
Approval and Promulgation of Implementation Plans; New Jersey Ozone Attainment Demonstration
Document Number: E9-10663
Type: Proposed Rule
Date: 2009-05-08
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing action on the ozone attainment demonstration portion of a comprehensive State Implementation Plan revision submitted by New Jersey to meet Clean Air Act requirements for attaining the 8-hour ozone national ambient air quality standard. EPA is proposing to disapprove New Jersey's demonstration of attainment of the 8-hour ozone standard.
Disapproval of Air Quality Implementation Plans; Connecticut; Attainment Demonstration for the Connecticut Portion of the New York-N. New Jersey-Long Island, NY-NJ-CT 8-Hour Ozone Nonattainment Area
Document Number: E9-10660
Type: Proposed Rule
Date: 2009-05-08
Agency: Environmental Protection Agency
The Environmental Protection Agency is proposing action on the ozone attainment demonstration portion of a comprehensive State Implementation Plan (SIP) revision submitted by Connecticut to meet Clean Air Act (CAA or Act) requirements for attaining the 8-hour ozone national ambient air quality standard. EPA is proposing to disapprove Connecticut's demonstration of attainment of the 1997 8-hour ozone standard for the Connecticut portion of the New York-N. New Jersey-Long Island, NY-NJ-CT 8-hour ozone nonattainment area (New York City ozone nonattainment area).
Airworthiness Directives; 328 Support Services GmbH Dornier Model 328-100 and -300 Airplanes
Document Number: E9-10655
Type: Rule
Date: 2009-05-08
Agency: Federal Aviation Administration, Department of Transportation
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:
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