June 2009 – Federal Register Recent Federal Regulation Documents

This notice announces our decision on a request for a determination of valid existing rights (VER) under section 522(e) of the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). We (OSM) have determined that, based upon the information provided, the applicant has not demonstrated the existence of VER on the Jack Smith, et al. property within the boundaries of the Daniel Boone National Forest in Clay County, Kentucky.

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:

By a Notice in the Federal Register (73 FR 76736, December 16, 2008), the Tennessee Valley Authority (TVA) initially requested comments on certain standards that TVA is considering adopting for itself and the distributors of TVA power pertaining to certain energy efficiency and Smart Grid standards. The standards being considered are Integrated Resource Planning, Rate Design Modifications to Promote Energy Efficiency Investments, Consideration of Smart Grid Investments, and Smart Grid Information listed in section 111(d) of the Public Utility Regulatory Policies Act of 1978 (Pub. L. 95-617) as amended by the Energy Independence and Security Act of 2007 (Pub. L. 110-140). TVA staff has developed a report that reviews each standard and makes a preliminary recommendation with respect to each standard. TVA has posted the report on the TVA Web site (https://www.tva.com/purpa). The standards will be considered on the basis of their effect on conservation of energy, efficient use of facilities and resources, equity among electric consumers, and the objectives of the Tennessee Valley Authority Act. As part of the process of considering the standards, comments are requested from the public on the TVA staff report. TVA is also extending the comment period on the standards themselves, which are set out below.

The Federal Aviation Administration (FAA) announces its findings on the noise compatibility program (NCP) submitted by General Mitchell International Airport under the provisions of 49 U.S.C. (the Aviation Safety and Noise Abatement Act, hereinafter referred to as ``the Act'') and 14 CFR Part 150. These findings are made in recognition of the description of Federal and nonfederal responsibilities in Senate Report No. 96-52 (1980). The General Mitchell International Airport noise exposure maps were determined by FAA to be in compliance with applicable requirements on December 24, 2008. Notice of this determination was published in the Federal Register on January 15, 2009, Federal Register volume 74, number 10, page 2645.

The Federal Aviation Administration (FAA) announces its findings on the noise compatibility program (NCP) submitted by Wayne County Airport Authority under the provisions of 49 U.S.C. (the Aviation Safety and Noise Abatement Act, hereinafter referred to as ``the Act'') and 14 CFR part 150. These findings are made in recognition of the description of Federal and nonfederal responsibilities in Senate Report No. 96-52 (1980). The Detroit Metropolitan Wayne County Airport noise exposure maps were determined by FAA to be in compliance with applicable requirements on March 7, 2006. Notice of this determination was published in the Federal Register on March 21, 2006, Federal Register volume 71, number 54, page 14282.

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.

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.

This notice replaces the posting in the Federal Register on June 17, 2009, Vol. 74, No. 115 with the corrected location of the public hearing from the Civic Center in Augusta, Maine. In accordance with the National Environmental Policy Act (NEPA) of 1969, as amended (42 United States Code [U.S.C.] 4321-4347), the Council on Environmental Quality (CEQ) NEPA Regulations (40 Code of Federal Regulations [CFR] parts 1500-1508), and the United States Air Force's (USAF) Environmental Impact Analysis Process (EIAP, 32 CFR part 989), the Air Force is issuing this notice to advise the public and other Federal agencies that the ANG intends to prepare an Environmental Impact Statement (EIS) for proposed modifications of the Condor 1 and Condor 2 Military Operations Areas (MOAs) used by the 104th Fighter Wing (FW) of the Massachusetts ANG (MAANG). The 104th FW is based at Barnes ANG Base in Westfield, Massachusetts. The study area for this EIS includes portions of Piscataquis, Somerset, Franklin, and Oxford counties in Maine and a portion of Coos County, New Hampshire.

This notice announces a change in benefit period eligibility under the EB program for Kentucky.

As required by the Privacy Act of 1974 (5 U.S.C. 552a(e)(4)), notice is hereby given that the Department of Veterans Affairs (VA) is amending the system of records entitled ``Administrator's Official Correspondence Records-VA'' (75VA001B),'' as set forth in the Federal Register on August 29, 1989. VA is amending the system by updating its name, and revising the routine uses of records maintained in the system, including categories of users and the purposes of such uses. VA is republishing the system notice in its entirety.