May 21, 2009 – Federal Register Recent Federal Regulation Documents

On March 19, 2009, the Federal Energy Regulatory Commission (Commission) issued a Proposed Policy Statement and Action Plan (Proposed Policy Statement) that, among other things, proposed an interim rate policy to encourage the development of smart grid systems. In this notice, the Commission seeks supplemental comments regarding rate recovery for certain smart grid investments.

Under section 4(d) of the Endangered Species Act (ESA), the Secretary of Commerce (Secretary) is required to adopt such regulations as he deems necessary and advisable for the conservation of species listed as threatened. This proposed ESA 4(d) rule represents the regulations that we, the National Marine Fisheries Service (NMFS), believe necessary and advisable to conserve the threatened Southern Distinct Population Segment of North American green sturgeon (Acipenser medirostris; hereafter Southern DPS). We propose to apply the prohibitions listed under ESA sections 9(a)(1)(A) through 9(a)(1)(G) for the Southern DPS, and we highlight specific categories of activities that are likely to result in take of Southern DPS fish. We do not find it necessary and advisable to apply the take prohibitions to certain categories of activities that contribute to conserving the Southern DPS. We also propose a variety of methods by which take of the Southern DPS may be authorized.

In accordance with the memorandum of January 20, 2009, from the Assistant to the President and Chief of Staff, entitled ``Regulatory Review,'' this action delays until December 30, 2010, the effective date of the final rule entitled ``State Parent Locator Service; Safeguarding Child Support Information,'' published in the Federal Register on September 26, 2008 (73 FR 56422). The delay in effective date is necessary to give Department officials the opportunity for further review of the issues of law and policy raised by this rule.

With the issuance of this final rule, the Deputy Administrator of the Drug Enforcement Administration (DEA) places the substance tapentadol, including its isomers, esters, ethers, salts and salts of isomers, esters and ethers whenever the existence of such isomers, esters, ethers, and salts is possible, into schedule II of the Controlled Substances Act (CSA). As a result of this rule, the regulatory controls and criminal sanctions of schedule II will be applicable to the manufacture, distribution, dispensing, importation, and exportation of tapentadol and products containing tapentadol.

EPA is proposing to approve revisions to the Georgia State Implementation Plan (SIP), submitted by the Georgia Environmental Protection Division (GA EPD) in three submittals dated October 31, 2006, March 5, 2007, and August 22, 2007. The submittals include modifications to Georgia's Rules for Air Quality Control, Chapter 391- 3-1. The October 31, 2006, revision includes changes to ``Permit Exemption for Combustion Equipment.'' The March 5, 2007, revisions include changes to ``NOX (Nitrogen Oxides) Emissions from Electric Utility Steam Generating Units,'' and ``Emission Statements.'' Finally, the August 22, 2007, submittal contains revisions to ``Volatile Organic Compound,'' ``Provisions,'' and ``Stationary Engines.'' EPA is not acting on the August 22, 2007, revisions to rule 391-3-1-.03(6) ``Exemptions, Combustion Equipment'' in this action. EPA is also not acting on the August 22, 2007, revisions to rule 391-3- 1-.03(9), as it is not part of the federally-approved SIP. These submittals included revisions to Georgia's Prevention of Signification Deterioration and Nonattainment New Source Review programs, which EPA

This document proposes revisions to the Commission's rules and policies regarding public safety operations in the private land mobile radio services. In the Further Notice of Proposed Rulemaking portion of this document the Commission proposes to reinstate an exemption for 4.9 GHz band applications from coordination via a certified frequency coordinator. Notwithstanding this proposal, the Commission also proposes a licensee-to-licensee coordination requirement for primary permanent fixed stations operating in the 4.9 GHz band. The remaining proposals consist of corrections and clarifications of frequency tables. The Commission makes first proposal because the Commission tentatively concludes that the exemption was deleted by inadvertent omission. The Commission makes the second proposal because it is concerned that the existing coordination rules may not protect primary permanent fixed stations from interference. The Commission proposes the frequency table corrections to fix various errors. The intended effects are to relieve 4.9 GHz band applicants from the cost of certified frequency coordination; ensure sufficient interference protection of 4.9 GHz band permanent fixed primary stations; and eliminate uncertainty regarding the licensing of particular public safety frequencies.

The Coast Guard is establishing a safety zone for an air and water show in the Captain of the Port Buffalo zone. This rule is intended to restrict vessels from areas of water during events that pose a hazard to public safety. The safety zone established by this rule is necessary to protect spectators, participants, and vessels from the hazards associated with an air and water show.

This document extends the period for comments on the proposed rule published on April 21, 2009 (74 FR 18172). The proposed rule would rescind the regulations published on January 21, 2009 (74 FR 3677), which made several revisions to the current Form LM-2, which is used by the largest labor organizations to file their annual financial reports under the Labor-Management Reporting and Disclosure Act of 1959, as amended, and established a procedure by which the Secretary of Labor may revoke, under certain circumstances, a particular labor organization's authorization to file a simplified annual report, Form LM-3. The comment period, which was to expire on May 21, 2009, is extended to June 22, 2009.