June 2, 2009 – Federal Register Recent Federal Regulation Documents

Television Broadcasting Services; South Bend, IN
Document Number: E9-12838
Type: Rule
Date: 2009-06-02
Agency: Federal Communications Commission, Agencies and Commissions
The Commission grants a petition for rulemaking filed by LeSEA Broadcasting of South Bend, Inc., the licensee of WHME-DT, to substitute DTV channel 46 for its assigned post-transition DTV channel 48 at South Bend, Indiana.
Replacement Digital Television Translator Service
Document Number: E9-12836
Type: Rule
Date: 2009-06-02
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of six months, the information collection requirement associated with a previously published rule document, and that this rule will take effect on June 19, 2009. On May 20, 2009, the Commission published the summary document of the Report and Order, In the Matter of Amendment of Parts 73 and 74 of the Commission's Rules to Establish Rules for Replacement Digital Low Power Television Translator Stations, MB Docket No. 08-253, FCC 09-36. The Ordering Clause of the Report and Order stated that the Commission would publish notification in the Federal Register announcing when OMB approval for this rule section which contains an information collection requirement has been received and when the revised rule will take effect. This notice is consistent with the statement in the Report and Order.
Television Broadcasting Services; Buffalo, NY
Document Number: E9-12833
Type: Rule
Date: 2009-06-02
Agency: Federal Communications Commission, Agencies and Commissions
The Commission grants a petition for rulemaking filed by New York Television, Inc., the licensee of station WNYO-DT, requesting the substitution of DTV channel 49 for its assigned post-transition DTV channel 34 at Buffalo, New York.
Drawbridge Operation Regulations; Gulf Intracoastal Waterway, St. Petersburg Beach and South Pasadena, FL
Document Number: E9-12822
Type: Rule
Date: 2009-06-02
Agency: Coast Guard, Department of Homeland Security
The Commander, Seventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Pinellas Bayway Structure ``C'' and Corey Causeway (SR 693) Bridges across the Gulf Intracoastal Waterway, miles 114 and 117.7, at St. Petersburg Beach, and South Pasadena, FL. This deviation will test a change to the drawbridge operation schedules to determine whether a permanent change to the schedule is needed. This deviation will allow both drawbridges to operate on a twice an hour schedule during the day. This deviation may be terminated/cancelled at any time via a Broadcast Notice to Mariners.
Airworthiness Directives; Fokker Model F.27 Mark 050 and F.28 Mark 0100 Airplanes
Document Number: E9-12803
Type: Proposed Rule
Date: 2009-06-02
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for the products listed above. 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 describes the unsafe condition as:
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 Airplanes; and Model ERJ 190-100 LR, -100 IGW, -100 STD, -200 STD, -200 LR, and -200 IGW Airplanes
Document Number: E9-12802
Type: Proposed Rule
Date: 2009-06-02
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for the products listed above. 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 describes the unsafe condition as:
Drawbridge Operation Regulation; Sacramento River, Sacramento, CA
Document Number: E9-12786
Type: Rule
Date: 2009-06-02
Agency: Coast Guard, Department of Homeland Security
The Commander, Eleventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Tower Drawbridge across the Sacramento River, mile 59.0, at Sacramento, CA. The deviation is necessary to allow participants from the Metropolitan Car Club to cross the bridge, in a police escorted motorcade. This deviation allows the bridge to remain in the closed-to- navigation position during the motorcade.
Drawbridge Operation Regulations; Curtis Creek, Baltimore, MD
Document Number: E9-12785
Type: Rule
Date: 2009-06-02
Agency: Coast Guard, Department of Homeland Security
The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulations governing the operation of the Pennington Avenue Bridge, at mile 0.9, across Curtis Creek in Baltimore, MD. This deviation is necessary to facilitate mechanical repairs to the bridge. Under this temporary deviation, the drawbridge may remain in the closed position during the deviation period.
Drawbridge Operation Regulations; Raritan River, Perth Amboy, NJ
Document Number: E9-12784
Type: Rule
Date: 2009-06-02
Agency: Coast Guard, Department of Homeland Security
The Commander, First Coast Guard District, has issued a temporary deviation from the regulations governing the operation of the NJTRO Bridge, across the Raritan River, mile 0.5, at Perth Amboy, New Jersey. Under this temporary deviation the draw may remain in the closed position for seven hours on two days to facilitate rail maintenance. Vessels that can pass under the draw without an opening may do so at all times. This deviation is necessary to facilitate scheduled bridge maintenance.
Drawbridge Operating Regulations; Gulf Intracoastal Waterway, Galveston, TX
Document Number: E9-12783
Type: Rule
Date: 2009-06-02
Agency: Coast Guard, Department of Homeland Security
The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the lveston Causeway Railroad Bascule Bridge across the Gulf Intracoastal Waterway, mile 357.2 west of Harvey Locks, at Galveston, Galveston County, Texas. This deviation provides for the bridge to remain closed to navigation for eight hours with an opening at noon for the passage of vessels. The purpose of the closure is to replace parts on the bridge.
Drawbridge Operation Regulation; Houma Navigation Canal, Mile 36.0, at Houma, Terrebonne Parish, LA
Document Number: E9-12782
Type: Rule
Date: 2009-06-02
Agency: Coast Guard, Department of Homeland Security
The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the SR 661 Swing Bridge across the Houma Navigation Canal, mile 36.0, in Houma, Terrebonne Parish, Louisiana. The deviation is necessary to replace the center pivot pier bearings of the bridge. This deviation allows the bridge to remain closed for 24 hours to accomplish the work.
Incorporation by Reference of Regulatory Guide 1.84, Revision 35, and Regulatory Guide 1.147, Revision 16, Into 10 CFR 50.55a
Document Number: E9-12751
Type: Proposed Rule
Date: 2009-06-02
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The NRC is proposing to amend its regulations to incorporate by reference the latest revisions of two regulatory guides (RG) that would approve new and revised code cases published by the American Society of Mechanical Engineers (ASME). These are RG 1.84, ``Design, Fabrication, and Materials Code Case Acceptability, ASME Section III,'' Revision 35, and RG 1.147, ``Inservice Inspection Code Case Acceptability, ASME Section XI, Division 1,'' Revision 16. This action would allow the use of the code cases listed in these RGs as alternatives to requirements in the ASME Boiler and Pressure Vessel (BPV) Code regarding the construction and inservice inspection (ISI) of nuclear power plant components. Concurrent with this action, the NRC is publishing a notice of the issuance and availability of the RGs in the Federal Register.
Airworthiness Directives; Boeing Model 747-400, 747-400D, and 747-400F Series Airplanes
Document Number: E9-12742
Type: Proposed Rule
Date: 2009-06-02
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Boeing Model 747-400, 747-400D, and 747-400F series airplanes. For all airplanes, this proposed AD would require installing new pump control and time delay relays, doing related investigative and corrective actions if necessary, and changing the wiring for the center and main fuel tanks override/jettison fuel pumps; and, for certain airplanes, installing new relays and wiring for the horizontal stabilizer override/jettison fuel pumps. This proposed AD would also require a revision to the maintenance program to incorporate Airworthiness Limitation No. 28-AWL-24 and No. 28-AWL-26. For certain airplanes, this proposed AD would also require installing an automatic shutoff system for the horizontal stabilizer tank fuel pumps and installing a new integrated display system. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent uncommanded operation of certain override/ jettison pumps which could cause overheat, electrical arcs, or frictional sparks, and could lead to an ignition source inside a fuel tank. This condition, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.
Airworthiness Directives; Airbus Model A310-203, -204, -221, -222, -304, -322, -324, and -325 Airplanes
Document Number: E9-12740
Type: Proposed Rule
Date: 2009-06-02
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 describes the unsafe condition as:
Common Crop Insurance Regulations, Cabbage Crop Insurance Provisions; Correction
Document Number: E9-12708
Type: Rule
Date: 2009-06-02
Agency: Department of Agriculture, Federal Crop Insurance Corporation
This document contains corrections to the final regulation which was published February 26, 2009. The regulation pertains to the insurance of cabbage.
Seventh Coast Guard District, Captain of the Port Zone Jacksonville, Temporary Restricted Anchorage
Document Number: E9-12707
Type: Proposed Rule
Date: 2009-06-02
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is withdrawing its proposed rule concerning the establishment of three temporary restricted anchorages with associated safety/security zones within the Captain of the Port Zone Jacksonville. The proposed rule is being withdrawn because the geographic locations of the proposed anchorage areas are beyond three nautical miles from the baseline of the territorial sea.
Safety Zone: F/V PATRIOT, Massachusetts Bay, MA
Document Number: E9-12706
Type: Rule
Date: 2009-06-02
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is creating a temporary safety zone surrounding the sunken fishing vessel PATRIOT located approximately 17 miles northeast of Scituate, Massachusetts in Massachusetts Bay. The safety zone is in effect while the vessel remains on the sea floor and subsequently re-floated during salvage operations. The safety zone will then move with the vessel until the PATRIOT is safely moored. This action is necessary to ensure that vessels are not endangered by conducting dredging, diving, anchoring, fishing or other activities while the PATRIOT sits on the sea floor. This action is also necessary to assist in providing a safe work environment for those conducting the salvage operation. This temporary rulemaking is needed to protect the environment, the commercial fishing industry, salvage operators and the general public from potential hazards associated with the sunken vessel and from potential hazards associated with the salvage of the vessel.
Special Local Regulations for Marine Events; Patapsco River, Northwest Harbor, Baltimore, MD
Document Number: E9-12705
Type: Proposed Rule
Date: 2009-06-02
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to establish special local regulations during the ``Baltimore Dragon Boat Challenge,'' a marine event to be held on the waters of the Patapsco River, Northwest Harbor, Baltimore, MD. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to temporarily restrict vessel traffic in a portion of the Patapsco River during the event.
Wetlands Reserve Program
Document Number: E9-12680
Type: Rule
Date: 2009-06-02
Agency: Department of Agriculture, Commodity Credit Corporation
The Natural Resources Conservation Service (NRCS) published in the Federal Register of January 15, 2009, an interim final rule with request for comment amending the program regulations for the Wetlands Reserve Program (WRP) to incorporate programmatic changes authorized by the Food, Conservation, and Energy Act of 2008 (2008 Act). The January 15, 2009 interim final rule changed the nature and scope of the agreement NRCS enters into with the landowner under a WRP easement in a manner which could interfere with the restoration efforts of some lands enrolled in the program. Since the change to the program was not necessitated by the 2008 Act, this amendment to the January 15, 2009 interim final rule revises these provisions to further the practical administration of the program consistent with the WRP statute. This amendment re-opens the public comment period for the interim final rule, as amended, for an additional 30 days.
List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision 6
Document Number: E9-12619
Type: Rule
Date: 2009-06-02
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the Holtec International HI- STORM 100 dry cask storage system listing within the ``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 6 to Certificate of Compliance (CoC) Number 1014. Amendment No. 6 will modify the CoC to add instrument tube tie rods used for pressurized water reactor 15x15 and 17x17 fuel lattices, for both intact and damaged fuel assemblies, to the approved contents of the MPC-24, MPC-24E, MPC-24EF, MPC-32, and MPC-32F models; and to correct legacy editorial issues in Appendices A and B Technical Specifications.
List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision 6
Document Number: E9-12618
Type: Proposed Rule
Date: 2009-06-02
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its spent fuel storage cask regulations by revising the Holtec International HI-STORM 100 dry storage cask system listing within the ``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 6 to Certificate of Compliance (CoC) Number 1014. Amendment No. 6 would modify the CoC to add instrument tube tie rods used for pressurized water reactor 15x15 and 17x17 fuel lattices, for both intact and damaged fuel assemblies, to the approved contents of the MPC-24, MPC- 24E, MPC-24EF, MPC-32, and MPC-32F models; and to correct legacy editorial issues in Appendices A and B Technical Specifications.
Changes in the Federal Employees Dental and Vision Insurance Program
Document Number: E9-12617
Type: Proposed Rule
Date: 2009-06-02
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
The U. S. Office of Personnel Management (OPM) is issuing proposed regulations on changes in the Federal Employees Dental and Vision Insurance Program (FEDVIP). We are amending the regulations to authorize retroactive enrollment changes when an enrollee has lost his or her spouse through death or divorce or the enrollee's last eligible child dies, marries, or reaches age 22. We are also amending the regulations to add that an individual may enroll 31 days before the enrollee or an eligible family member loses other dental and/or vision coverage. We are also amending the regulations to clarify the reference to excluded positions in 5 U.S.C. 8901(1). We are also including in the regulations certain Senate restaurant employees who are employees of the Architect of the Capitol as individuals who are eligible to elect to continue enrollment in FEDVIP if they are eligible and elect to continue their retirement coverage.
Assessment and Collection of Regulatory Fees for Fiscal Year 2009
Document Number: E9-12594
Type: Proposed Rule
Date: 2009-06-02
Agency: Federal Communications Commission, Agencies and Commissions
The Commission will revise its Schedule of Regulatory Fees in order to recover an amount of $341,875,000 that Congress has required the Commission to collect for fiscal year 2009. Section 9 of the Communications Act of 1934, as amended, provides for the annual assessment and collection of regulatory fees under sections 9(b)(2) and 9(b)(3), respectively, for annual ``Mandatory Adjustments'' and ``Permitted Amendments'' to the Schedule of Regulatory Fees.
Airworthiness Directives; McDonnell Douglas Model MD-90-30 Airplanes
Document Number: E9-12521
Type: Rule
Date: 2009-06-02
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain McDonnell Douglas Model MD-90-30 airplanes. This AD requires installing fuses and wire protection in certain wing and fuel tank spars. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent possible damage to the fuel level float or pressure switch wires. Such damage could become a potential ignition source inside the fuel tank, and, when combined with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.
Airworthiness Directives; Learjet Model 45 Airplanes
Document Number: E9-12518
Type: Rule
Date: 2009-06-02
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Learjet Model 45 airplanes. For certain airplanes, this AD requires repetitive inspections for chafing and other damage of the case drain tube from the hydraulic pump case installed on the left-hand engine, and corrective action if necessary. This AD also requires, for all airplanes, repetitive inspections for discrepancies of the left engine's nacelle tubing, repetitive inspections for evidence of fluid leakage within the left engine accessory compartment, and corrective actions if necessary. This AD was prompted by reports of chafed hydraulic tubes in the left-hand engine. We are issuing this AD to detect and correct chafed hydraulic tubes in the left-hand engine and consequent hydraulic tube failure and uncontrolled loss of flammable fluid within the engine cowling, which could result in a fire in the engine nacelle and loss of control of the airplane.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Alabama Stur geon (Scaphirhynchus suttkusi)
Document Number: E9-12517
Type: Rule
Date: 2009-06-02
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the Alabama sturgeon (Scaphirhynchus suttkusi) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 524 kilometers (326 miles) of river fall within the boundaries of the critical habitat designation. The critical habitat includes portions of the Alabama and Cahaba Rivers in Autauga, Baldwin, Bibb, Clarke, Dallas, Lowndes, Monroe, Perry, and Wilcox Counties, in Alabama.
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