June 25, 2009 – Federal Register Recent Federal Regulation Documents

Special Local Regulation for Marine Events; Recurring Marine Events in the Fifth Coast Guard District
Document Number: E9-15024
Type: Rule
Date: 2009-06-25
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is amending the list of recurring marine events within the Fifth Coast Guard District. These regulations make small changes to the regulated areas of two permitted marine events listed in the table attached to the regulation. These special local regulations are necessary to provide for the safety of life on navigable waters during marine events. This action will restrict vessel traffic in portions of the Chesapeake Bay and Assateague Channel, Virginia.
Special Local Regulation for Marine Events; Mattaponi River, Wakema, VA
Document Number: E9-15023
Type: Proposed Rule
Date: 2009-06-25
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to establish special local regulations during the ``Mattaponi Madness Drag Boat Race Series,'' a series of power boat races to be held on the waters of the Mattaponi River, near Wakema, Virginia. These special local regulations are necessary to provide for the safety of life on navigable waters during the events. This action is intended to restrict vessel traffic during the power boat races in a segment of the Mattaponi River that flows along the border of King William County and King and Queen County near Wakema, Virginia.
Technical Amendment; Internal Control Over Financial Reporting in Exchange Act Periodic Reports of Non-Accelerated Filers
Document Number: E9-15014
Type: Rule
Date: 2009-06-25
Agency: Securities and Exchange Commission, Agencies and Commissions
We are extending the effectiveness of Sec. 210.2-02T published in 71 FR 47059 (August 15, 2006) and Sec. 229.308T published in 71 FR 76595 (December 21, 2006) and amended in 73 FR 38099 (July 2, 2008) through June 30, 2010. The effective dates for the other sections of the July 2, 2008 document remain as published.
Airworthiness Directives; DORNIER LUFTFAHRT GmbH Models 228-100, 228-101, 228-200, 228-201, and 228-202 Airplanes
Document Number: E9-14994
Type: Proposed Rule
Date: 2009-06-25
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; Boeing Model 777 Series Airplanes
Document Number: E9-14991
Type: Proposed Rule
Date: 2009-06-25
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for all Boeing Model 777 series airplanes. This proposed AD would require inspections for scribe lines in the skin along lap joints, butt joints, certain external doublers, and the large cargo door hinges; and related investigative and corrective actions if necessary. This proposed AD results from reports of scribe lines found at lap joints and butt joints, around external doublers, and at locations where external decals had been cut. We are proposing this AD to detect and correct scribe lines, which can develop into fatigue cracks in the skin. Undetected fatigue cracks can grow and cause sudden decompression of the airplane.
Beverages: Bottled Water; Correction
Document Number: E9-14981
Type: Rule
Date: 2009-06-25
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is correcting a final rule that appeared in the Federal Register of Friday, May 29, 2009 (74 FR 25651). The final rule was published with an inadvertent error in the ``Analysis of Impacts'' section. This document corrects that error.
Abbreviated Bitrex® Qualitative Fit-Testing Protocol
Document Number: E9-14979
Type: Proposed Rule
Date: 2009-06-25
Agency: Department of Labor, Occupational Safety and Health Administration
After thoroughly reviewing the comments and other information available in the record for the proposed rulemaking, OSHA decided that the abbreviated Bitrex[supreg] qualitative fit test is not sufficiently accurate to include among the qualitative fits tests listed in Part II of Appendix A of its Respiratory Protection Standard. Therefore, OSHA is withdrawing the proposed rule without prejudice, and is inviting resubmission of the proposed fit test after conducting further research to improve the accuracy of the protocol.
Disclosure and Amendment of Records Pertaining to Individuals Under the Privacy Act
Document Number: E9-14975
Type: Rule
Date: 2009-06-25
Agency: Pension Benefit Guaranty Corporation, Agencies and Commissions
The Pension Benefit Guaranty Corporation (PBGC) is correcting a final rule that appeared in the Federal Register of June 8, 2009 (74 FR 27080). The document amends PBGC's regulation on Disclosure and Amendment of Records Pertaining to Individuals Under the Privacy Act.
Foreign Medical Program of the Department of Veterans Affairs-Hospital Care and Medical Services in Foreign Countries
Document Number: E9-14966
Type: Rule
Date: 2009-06-25
Agency: Department of Veterans Affairs
This document amends Department of Veterans Affairs (VA) medical regulations applicable to VA's Foreign Medical Program, Hospital Care and Medical Services in Foreign Countries. This rule is intended to change provisions concerning the location for filing Foreign Medical Program claims and delegations of authority for adjudicating those claims. It also corrects an obsolete regulatory citation. These changes are made for accuracy.
Drawbridge Operation Regulations; Connection Slough, Bacon Island, CA
Document Number: E9-14946
Type: Rule
Date: 2009-06-25
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is changing the drawbridge operation regulation governing the operation of the Connection Slough Drawbridge. This final rule ensures a drawbridge operator can be contacted, is present at the drawbridge during identified increased navigation periods, and reduces the hours a drawbridge operator is required to be at the drawbridge and not gainfully employed. These changes will continue to provide for the reasonable needs of navigation.
Drawbridge Operation Regulations; Passaic River, NJTRO Bridge, Harrison, NJ, Maintenance
Document Number: E9-14944
Type: Rule
Date: 2009-06-25
Agency: Coast Guard, Department of Homeland Security
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the New Jersey Transit Rail Operations (NJTRO) Newark-Harrison Bridge across the Passaic River, mile 5.8, at Harrison, New Jersey. The deviation is necessary to facilitate mechanical rehabilitation at the bridge. The deviation allows the bridge to remain in the closed position for four months. A two week advance notice for bridge openings will be required during the four months of construction.
Treatment of Services Under Section 482; Allocation of Income and Deductions From Intangibles; Stewardship Expense; Correction
Document Number: E9-14927
Type: Proposed Rule
Date: 2009-06-25
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains a correction to a notice of proposed rulemaking (REG-146893-02, REG-115037-00, and REG-138603-03) that was published in the Federal Register, on Friday, August 4, 2006 (71 FR 44247) providing guidance regarding the treatment of controlled services transactions under section 482 and the allocation of income from intangibles, in particular with respect to contributions by a controlled party to the value of an intangible owned by another controlled party, and modifying the regulations under section 861 concerning stewardship expenses to be consistent with the changes made to the guidance under section 482.
Privacy Act of 1974: Implementation of Exemptions; United States Coast Guard 030 Merchant Seamen's Records
Document Number: E9-14913
Type: Proposed Rule
Date: 2009-06-25
Agency: Office of the Secretary, Department of Homeland Security
The Department of Homeland Security (DHS) is giving concurrent notice of a revised and updated system of records pursuant to the Privacy Act of 1974 for the Department of Homeland Security to administer the DHS/USCG-028 United States Merchant Seamen's Records system of records and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. The exemptions for the legacy system of records notices will continue to be applicable until the final rule for this SORN has been completed.
Privacy Act of 1974: Implementation of Exemptions; United States Coast Guard-013 Marine Information for Safety and Law Enforcement (MISLE)
Document Number: E9-14908
Type: Proposed Rule
Date: 2009-06-25
Agency: Office of the Secretary, Department of Homeland Security
The Department of Homeland Security (DHS) is giving concurrent notice of a revised and updated system of records pursuant to the Privacy Act of 1974 for the United States Coast Guard Marine Information for Safety and Law Enforcement system of records and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Privacy Act of 1974: Implementation of Exemptions; United States Immigration and Customs Enforcement-011 Removable Alien Records System of Records
Document Number: E9-14901
Type: Proposed Rule
Date: 2009-06-25
Agency: Office of the Secretary, Department of Homeland Security
The Department of Homeland Security (DHS) is giving concurrent notice of a revised and updated system of records pursuant to the Privacy Act of 1974 for the Immigration and Customs Enforcement (ICE) 011 Removable Alien Records system of records and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. The exemptions for the legacy system of records notices will continue to be applicable until the final rule for this SORN has been completed.
Post-9/11 GI Bill
Document Number: E9-14890
Type: Rule
Date: 2009-06-25
Agency: Office of the Secretary, Department of Defense
This part establishes policy, assigns responsibilities, and prescribes procedures for carrying out the Post-9/11 GI Bill. It establishes policy for the use of supplemental educational assistance ``kickers'', for members with critical skills or specialties, or for members serving additional service; for authorizing the transferability of education benefits; and for the DoD Education Benefits Fund Board of Actuaries.
Approval and Promulgation of Air Quality Implementation Plans; Tennessee; Approval of Revisions to the Knox County Portion
Document Number: E9-14873
Type: Rule
Date: 2009-06-25
Agency: Environmental Protection Agency
EPA is taking direct final action to approve a revision to the Knox County portion of the Tennessee State Implementation Plan (SIP) submitted by the State of Tennessee on April 21, 2008. The revision pertains to the Knox County Department of Air Quality Management (KCDAQM) Regulation, Section 25.0 ``Permits,'' specifically subsection 25.6Exemptions. This revision removes ``mobile sources'' from the list of exempted air contaminant sources, with respect to operating permits and reserves subsection 25.6.A. This revision is part of KCDAQM strategy to attain and maintain the National Ambient Air Quality Standards for 8-hour ozone, particulate matter (PM)2.5 and PM10. This revision was certified by the Tennessee Department of Environment and Conservation to be at least as stringent as the State of Tennessee's existing requirements in Chapter 1200-3- 9-.04 ``Exemptions,'' and is being approved pursuant to section 110 of the Clean Air Act (CAA).
Approval and Promulgation of Air Quality Implementation Plans; Tennessee; Approval of Revisions to the Knox County Portion
Document Number: E9-14871
Type: Proposed Rule
Date: 2009-06-25
Agency: Environmental Protection Agency
EPA is taking direct final action to approve a revision to the Knox County portion of the Tennessee State Implementation Plan (SIP) submitted by the State of Tennessee on April 21, 2008. The revision pertains to the Knox County Department of Air Quality Management (KCDAQM) Regulation, Section 25.0 ``Permits,'' specifically subsection 25.6Exemptions. This revision removes ``mobile sources'' from the list of exempted air contaminant sources, with respect to operating permits and reserves subsection 25.6.A. This revision is part of KCDAQM strategy to attain and maintain the National Ambient Air Quality Standards for 8-hour ozone, particulate matter (PM)2.5 and PM10. This revision was certified by the Tennessee Department of Environment and Conservation to be at least as stringent as the State of Tennessee's existing requirements in Chapter 1200-3- 9-.04 ``Exemptions,'' and is being approved pursuant to section 110 of the Clean Air Act (CAA).
Reorganization and Name Change for the Office of Solid Waste (OSW) Within the Office of Solid Waste and Emergency Response
Document Number: E9-14859
Type: Rule
Date: 2009-06-25
Agency: Environmental Protection Agency
On January 18, 2009, the Office of Solid Waste (OSW) was reorganized and changed its name to the Office of Resource Conservation and Recovery (ORCR). The name change reflects the breadth of the responsibilities/authorities that Congress provided to EPA under the Resource Conservation and Recovery Act (RCRA), the primary authorizing statute. ORCR has three divisions, which consolidate the operations of the six divisions under the OSW structure. This reorganization will create a more efficient structure, consistent with current program priorities and resource levels, and will enable EPA to better serve the needs of the public and its key stakeholders over the next 5-10 years. EPA has increased focus on resource conservation and materials management; it is expected that focus on this important aspect of the RCRA program will continue, while maintaining a strong waste management regulatory and implementation program. EPA is taking final action to amend the Code of Federal Regulations (CFR) to reflect the reorganization and name change of the Office of Solid Waste.
Chemical Release Reporting
Document Number: E9-14835
Type: Proposed Rule
Date: 2009-06-25
Agency: Chemical Safety and Hazard Investigation Board, Agencies and Commissions
The Clean Air Act requires that the Chemical Safety and Hazard Investigation Board (CSB) establish a regulation which would require that accidental chemical releases be reported to the CSB or to the National Response Center. With this advance notice of proposed rulemaking, the CSB seeks to obtain comments on how best to proceed with implementing this requirement. The CSB will use this information in the development of a proposed and then a final rule.
Airworthiness Directives; Pratt & Whitney (PW) JT9D-7 Series Turbofan Engines; Correction
Document Number: E9-14810
Type: Rule
Date: 2009-06-25
Agency: Federal Aviation Administration, Department of Transportation
The FAA is correcting airworthiness directive (AD) 2009-04-18, which was previously published in the Federal Register. That AD applies to PW models JT9D-7, -7A, -7AH, -7H, -7F, and -7J turbofan engines. The two references to the engine manual in paragraph (h) and in Table 1, are incomplete. This document corrects those references. In all other respects, the original document remains the same.
Federal-State Unemployment Compensation (UC) Program; Funding Goals for Interest-Free Advances
Document Number: E9-14752
Type: Proposed Rule
Date: 2009-06-25
Agency: Employment and Training Administration, Department of Labor
The Department of Labor (Department) is proposing a rule to implement Federal requirements conditioning a State's receipt of interest-free advances from the Federal Government for the payment of unemployment compensation (UC) upon the State meeting ``funding goals, as established under regulations issued by the Secretary of Labor.'' The proposed rule would require that States: Meet a solvency criterion in one of the 5 calendar years preceding the year in which advances are taken; and meet two tax effort criteria for each calendar year after the solvency criterion is met up to the year in which an advance is requested.
Buy America Requirements; Bi-Metallic Composite Conducting Rail
Document Number: E9-14703
Type: Rule
Date: 2009-06-25
Agency: Federal Transit Administration, Department of Transportation
Following the two recent Buy America rulemakings pursuant to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), the Federal Transit Administration (FTA) received a petition for reconsideration of the treatment of bi-metallic composite conducting rail as a steel product that must be manufactured in the United States.
Revision of Source Category List for Standards Under Section 112(k) of the Clean Air Act; National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Aluminum, Copper, and Other Nonferrous Foundries
Document Number: E9-14613
Type: Rule
Date: 2009-06-25
Agency: Environmental Protection Agency
EPA is revising the area source category list by changing the name of the ``Secondary Aluminum Production'' category to ``Aluminum Foundries'' and the ``Nonferrous Foundries, not elsewhere classified (nec)'' category to ``Other Nonferrous Foundries.'' At the same time, EPA is issuing final national emission standards for the Aluminum Foundries, Copper Foundries, and Other Nonferrous Foundries area source categories. These final emission standards for new and existing sources reflect EPA's determination regarding the generally available control technologies or management practices (GACT) for each of the three area source categories.
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