July 24, 2009 – Federal Register Recent Federal Regulation Documents

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Notice of Passenger Facility Charge (PFC) Approvals and Disapprovals
Document Number: E9-17582
Type: Notice
Date: 2009-07-24
Agency: Federal Aviation Administration, Department of Transportation
The FAA publishes a monthly notice, as appropriate, of PFC approvals and disapprovals under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. No. 101-508) and Part 158 of the Federal Aviation Regulations (14 CFR Part 158). This notice is published pursuant to paragraph d of Sec. 158.29.
Notice of Passenger Facility Charge (PFC) Approvals and Disapprovals
Document Number: E9-17581
Type: Notice
Date: 2009-07-24
Agency: Federal Aviation Administration, Department of Transportation
The FAA publishes a monthly notice, as appropriate, of PFC approvals and disapprovals under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the Federal Aviation Regulations (14 CFR Part 158). This notice is published pursuant to paragraph d of Sec. 158.29.
Notice of Passenger Facility Charge (PFC) Approvals and Disapprovals
Document Number: E9-17580
Type: Notice
Date: 2009-07-24
Agency: Federal Aviation Administration, Department of Transportation
The FAA publishes a monthly notice, as appropriate, of PFC approvals and disapprovals under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the Federal Aviation Regulations (14 CFR Part 158). This notice is published pursuant to paragraph d of Sec. 158.29.
Notice of Availability of Draft South Coast Resource Management Plan Amendment and Draft Environmental Impact Statement for the Santa Ana River Wash Land Exchange, California
Document Number: E9-17574
Type: Notice
Date: 2009-07-24
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
In accordance with the National Environmental Policy Act of 1969 (NEPA) and the Federal Land Policy and Management Act of 1976 (FLPMA), the Bureau of Land Management (BLM) has prepared a Draft South Coast Resource Management Plan Amendment and Draft Environmental Impact Statement (EIS) for the Santa Ana River Wash Land Exchange and by this Notice is announcing the opening of the comment period.
Notice of an Additional Scoping Meeting for the Environmental Impact Statement for the Long-Term Management and Storage of Elemental Mercury, Extension of the Public Comment Period, and Correction
Document Number: E9-17566
Type: Notice
Date: 2009-07-24
Agency: Department of Energy
On July 2, 2009, the Department of Energy (DOE or the Department) published its Notice of Intent to prepare an Environmental Impact Statement for the Long-Term Management and Storage of Elemental Mercury (Mercury Storage EIS) (74 FR 31723). In that Notice of Intent, DOE invited public comments on the proposed scope of the Mercury Storage EIS during a 45-day public scoping period and announced seven public scoping meetings would be held in the vicinity of the sites proposed for evaluation in this EIS as candidate facilities for the long-term management and storage of elemental mercury generated within the United States. DOE is now announcing the addition of a public scoping meeting to be held on August 13, 2009, in Portland, Oregon, and an extension of the public scoping period. DOE also is correcting language contained in the July 2, 2009, Notice of Intent.
Proposed Information Collection Activity; Comment Request
Document Number: E9-17561
Type: Notice
Date: 2009-07-24
Agency: Department of Health and Human Services, Administration for Children and Families, Children and Families Administration
Notice of Availability of Funds and Solicitation for Grant Applications (SGA) for Mentoring, Educational, and Employment Strategies To Improve Academic, Social, and Career Pathway Outcomes
Document Number: E9-17560
Type: Notice
Date: 2009-07-24
Agency: Employment and Training Administration, Department of Labor
The Employment and Training Administration (ETA) announces the availability of $34 million for grants to serve high schools that have been designated as persistently dangerous by State Educational Agencies for the 2008-2009 school year under section 9532 of the Elementary and Secondary Education Act. The goal of these grants is to reduce violence within these schools through a combination of mentoring, education, employment, case management, and violence prevention strategies. These grants will be awarded to fund projects in schools not currently receiving a DOL grant for these purposes through a competitive process open both to school districts which include persistently dangerous high schools and to community-based organizations (CBOs) in partnership with these school districts. High schools which have been designated as persistently dangerous this school year and which are not currently receiving a Department of Labor (Department or DOL) grant under this initiative are located in the school districts of Baltimore City, Plainfield (New Jersey), New York City, Schenectady (New York), Salem- Keiser (Oregon), Philadelphia, and Puerto Rico. These schools are listed in Section VIIIA below. School districts and CBOs must submit a separate application for each high school that they propose serving, but may submit as many applications as they have eligible schools. Applications submitted by school districts must include plans to have one or more CBOs as sub-grantees/contractors to operate at a minimum the mentoring component. These proposed CBO sub-grantees/contractors do not need to be listed in the application, as the Department strongly encourages the use of competition in selecting sub-grantees and contractors either before or after grant award. Applications submitted by CBOs must have a school district identified as a partner, with a signed memorandum of understanding (MOU) with the school district included in the application. To be eligible to apply for these grants as a CBO, organizations must be not-for-profit entities and can operate either nationally or locally.
Migratory Bird Hunting; Proposed Frameworks for Early-Season Migratory Bird Hunting Regulations; Notice of Meetings
Document Number: E9-17559
Type: Proposed Rule
Date: 2009-07-24
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (hereinafter Service or we) is proposing to establish the 2009-10 early-season hunting regulations for certain migratory game birds. We annually prescribe frameworks, or outer limits, for dates and times when hunting may occur and the maximum number of birds that may be taken and possessed in early seasons. Early seasons may open as early as September 1, and include seasons in Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands. These frameworks are necessary to allow State selections of specific final seasons and limits and to allow recreational harvest at levels compatible with population status and habitat conditions. This proposed rule also provides the final regulatory alternatives for the 2009-10 duck hunting seasons.
Correction to 30-Day Notice of Proposed Information Collection: DS-7655, Iraqi Citizens and Nationals Employed by U.S. Federal Contractors, Grantees, and Cooperative Agreement Partners, OMB Control Number 1405-0184; Corrections
Document Number: E9-17549
Type: Notice
Date: 2009-07-24
Agency: Department of State
This document contains a correction to the 30-Day Notice of Proposed Information Collection: DS-7655, Iraqi Citizens and Nationals Employed by U.S. Federal Contractors, Grantees, and Cooperative Agreement Partners, OMB Control Number 1405-0184 published in the Federal Register on Tuesday, July 14, 2009, in Volume 74-No. 133, page 34070. The document contained incorrect `Estimated Number of Responses' due to a typographical error.
Tuolumne County Resource Advisory Committee
Document Number: E9-17516
Type: Notice
Date: 2009-07-24
Agency: Department of Agriculture, Forest Service
The Tuolumne County Resource Advisory Committee will meet on August 10, 2009 at the City of Sonora Fire Department, in Sonora, California. The purpose of the meeting is to vote on projects, determine the need for an August 17th meeting, and schedule meetings and topics for 2010.
Shasta-Trinity National Forest, California; Harris Vegetation Management Project
Document Number: E9-17515
Type: Notice
Date: 2009-07-24
Agency: Department of Agriculture, Forest Service
The Shasta-Trinity National Forest proposes to improve forest health and restore fire-adapted ecosystem characteristics on approximately 3,000 acres of National Forest System Lands in and adjacent to the Harris Mountain Late-Successional Reserve. Ground and ladder fuels would be reduced. In addition, forested stands would be thinned to yield a fire-resilient forest where periodic low-intensity surface fires can be safely reintroduced. Selective removal of trees is proposed to produce forested areas dominated by fire-resilient tree species with sustainable densities and to exhibit stand structure that provides habitat for late-seral dependent species. Reducing overcrowded conditions will enhance tree survival from insects, drought and disease, and natural disturbance. Trees to be removed would generally be smaller in size than trees retained; renewable by-products including commercial sawtimber and energy from biomass are expected. Dying and diseased mature lodgepole stands within the project area would be regenerated through the removal of most overstory trees. Aspen and oak hardwood trees species will be retained. Removal of conifers competing with existing aspen and oak hardwood trees will enhance the overall diversity of forest stands. Surface and ladder fuel loads will be reduced through removal of brush and small-diameter trees in the forest understory and by underburning. Proposed road reconstruction, closure and decommissioning will aid in restoration of drainage patterns and sediment regimes supporting aquatic systems. The project is located in Siskiyou County within portions of T41N, R1E, section 1; T42N R1E section 36; T42N R2E sections 17-21 and 28-36; and T41N R2E sections 1- 6 and 9 Mt. Diablo Meridian.
Atlantic Highly Migratory Species; Atlantic Shark Management Measures; Amendment 3
Document Number: E9-17498
Type: Proposed Rule
Date: 2009-07-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces the availability of the draft Amendment 3 to the Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP). Amendment 3 examines different management alternatives available to rebuild blacknose sharks consistent with the 2007 small coastal shark (SCS) stock assessment, the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), and other applicable law. Amendment 3 also examines management alternatives to end overfishing of blacknose sharks and shortfin mako sharks, consistent with the Magnuson-Stevens Act, and also proposes adding smooth dogfish under NMFS management. The proposed rule to implement Amendment 3 would, among other things, establish a quota for blacknose sharks and non-blacknose SCS, prohibit the use of gillnet gear to catch sharks from South Carolina south, prohibit the retention of blacknose sharks in recreational fisheries, take action at the international level to end overfishing of shortfin mako through participation in appropriate international fisheries organizations, such as International Commission for the Conservation of Atlantic Tunas (ICCAT), promote the live release of shortfin mako sharks, add smooth dogfish under NMFS management, establish a commercial quota for smooth dogfish, require smooth dogfish fishermen to obtain the appropriate Federal permit, and establish a mechanism for specifying Annual Catch Limits (ACLs) and Accountability Measures (AMs) for Atlantic sharks. These changes could affect all fishermen, commercial and recreational, who fish for sharks in the Atlantic Ocean, the Gulf of Mexico, and the Caribbean Sea.
Prohibited Transaction Exemptions and Grant of Individual Exemptions involving: 2009-18, Robert W. Baird & Co. Incorporated, D-11488; 2009-19, MarkWest Energy Partners, L.P., D-11498; Morgan Stanley & Co. Incorporated, D-11501, 2009-20; and The Bank of New York Mellon Corporation (BNMC) and Its Affiliates (Collectively, BNY Mellon), D-11523, 2009-21
Document Number: E9-17468
Type: Notice
Date: 2009-07-24
Agency: Employee Benefits Security Administration, Department of Labor
This document contains exemptions issued by the Department of Labor (the Department) from certain of the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974 (ERISA or the Act) and/or the Internal Revenue Code of 1986 (the Code).
Proposed Amendment to Municipal Securities Disclosure
Document Number: E9-17466
Type: Proposed Rule
Date: 2009-07-24
Agency: Securities and Exchange Commission, Agencies and Commissions
The Securities and Exchange Commission (``Commission'' or ``SEC'') is publishing for comment proposed amendments to Rule 15c2-12 under the Securities Exchange Act of 1934 (``Exchange Act'') relating to municipal securities disclosure. The proposal would amend certain requirements regarding the information that a broker, dealer, or municipal securities dealer acting as an underwriter in a primary offering of municipal securities must reasonably determine that an issuer of municipal securities or an obligated person has undertaken, in a written agreement or contract for the benefit of holders of the issuer's municipal securities, to provide to the Municipal Securities Rulemaking Board (``MSRB''). Specifically, the proposed amendments would require a broker, dealer, or municipal securities dealer to reasonably determine that the issuer or obligated person has agreed to provide notice of specified events in a timely manner not in excess of ten business days after the event's occurrence, would amend the list of events for which a notice is to be provided, and would modify the events that are subject to a materiality determination before triggering a notice to the MSRB. In addition, the amendments would revise an exemption from the rule for certain offerings of municipal securities with put features. The Commission also is providing interpretive guidance intended to assist municipal securities issuers, brokers, dealers and municipal securities dealers in meeting their obligations under the antifraud provisions.
Agency Recordkeeping/Reporting Requirements Under Emergency Review by the Office of Management and Budget (OMB)
Document Number: E9-17462
Type: Notice
Date: 2009-07-24
Agency: Department of Health and Human Services, Administration for Children and Families, Children and Families Administration
Request for Public Comment: 60-Day Proposed Information Collection: Application for Participation in the IHS Scholarship Program
Document Number: E9-17454
Type: Notice
Date: 2009-07-24
Agency: Department of Health and Human Services, Indian Health Service
In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 which requires to provide a 60-days advance opportunity for public comment on proposed information collection projects, the Indian Health Service (IHS) is publishing for comment a summary of a proposed information collection to be submitted to the Office of Management and Budget (OMB) for review.
National Eye Institute; Notice of Closed Meetings
Document Number: E9-17453
Type: Notice
Date: 2009-07-24
Agency: Department of Health and Human Services, National Institutes of Health
Request of Public Comment: 60-Day Proposed Information Collection; Indian Health Service Forms To Implement the Privacy Rule (45 CFR Parts 160 and 164); Correction
Document Number: E9-17452
Type: Notice
Date: 2009-07-24
Agency: Department of Health and Human Services, Indian Health Service
The Indian Health Service published a document in the Federal Register (FR) on June 24, 2009. The document contained two errors.
Notice of Passenger Facility Charge (PFC) Approvals and Disapprovals
Document Number: E9-17450
Type: Notice
Date: 2009-07-24
Agency: Federal Aviation Administration, Department of Transportation
The FAA publishes a monthly notice, as appropriate, of PFC approvals and disapprovals under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the Federal Aviation Regulations (14 CFR Part 158). This notice is published pursuant to paragraph d of Sec. 158.29.
Record of Decision (ROD) for Military Training Activities at Makua Military Reservation (MMR), Hawaii
Document Number: E9-17372
Type: Notice
Date: 2009-07-24
Agency: Department of Defense, Department of the Army, Army Department
Senior Commander, US Army Hawaii, has reviewed the Final Environmental Impact Statement (EIS) for Military Training Activities at MMR and has made the decision to proceed with a variation of Alternative 2 to recommence live-fire training at MMR. Alternative 2 in the Final EIS analyzes up to 50 combined-arms live-fire exercises (CALFEX) and 200 convoy live-fire exercises (LFX). The variation of Alternative 2 allows up to 32 CALFEXs and 150 convoy LFXs, and allows squad- and platoon-level LFXs that lead up to the company-level CALFEX. This decision also reconfirms that the Army will not use MMR for live- fire training at night until all relevant fire suppression measures are met and approved in accordance with the U.S. Fish and Wildlife Service 2007 and 2008 Biological Opinions. The Army has decided not to use the following weapon systems at MMR in order to further protect the environmental and cultural resources of the valley: Tracer ammunition; Javelin and inert, tube-launched, optically tracked, wire-guided (TOW) missiles; anti-tank (AT-4) and 2.75-inch rockets; the shoulder-launched multipurpose assault weapon (SMAW); and illumination munitions. This decision also eliminates the use of Ka'ena Point and C-Ridge for training, due to the risk of wildfire and the potential impacts to threatened and endangered species. This Alternative 2 variation represents a proper balance for meeting the training requirements of the units of the 25th Infantry Division (ID), U.S. Army Reserve, Hawaii Army National Guard, and other users of the range at MMR, while ensuring the Army meets its responsibilities to preserve the land and resources at MMR, and continues to be a good neighbor to the community along the Wai'anae coast.
Alpine County Resource Advisory Committee (RAC)
Document Number: E9-17361
Type: Notice
Date: 2009-07-24
Agency: Department of Agriculture, Forest Service
The Alpine County Resource Advisory Committee (RAC) will hold its third meeting.
Standards for Business Practices for Interstate Natural Gas Pipelines
Document Number: E9-17333
Type: Proposed Rule
Date: 2009-07-24
Agency: Department of Energy, Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission (Commission) is proposing to amend its regulations prescribing standards for interstate natural gas pipeline business practices and electronic communications (found at 18 CFR 284.12) to incorporate by reference standards adopted by the Wholesale Gas Quadrant of the North American Energy Standards Board (NAESB) for Index-Based Capacity Release and Flexible Delivery and Receipt Points. These standards can be obtained from NAESB at 1301 Fannin, Suite 2350, Houston, TX 77002, 713-356-0060, https:// www.naesb.org, and are available for viewing in the Commission's Public Reference Room.
Notice of Proposed Information Collection for Public Comment: Homelessness Prevention and Rapid Re-Housing Program (HPRP) Quarterly and Annual Performance Reporting
Document Number: E9-17327
Type: Notice
Date: 2009-07-24
Agency: Department of Housing and Urban Development
The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.
Federal Property Suitable as Facilities To Assist the Homeless
Document Number: E9-17324
Type: Notice
Date: 2009-07-24
Agency: Department of Housing and Urban Development
This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless.
National Credit Union Share Insurance Fund Premium and One Percent Deposit
Document Number: E9-17310
Type: Proposed Rule
Date: 2009-07-24
Agency: National Credit Union Administration, Agencies and Commissions
Section 741.4 of NCUA's rules describes the procedures for the capitalization and maintenance of the National Credit Union Share Insurance Fund (NCUSIF). The current rule, however, does not adequately
Recoupment of Severance Pay From VA Compensation; Correction
Document Number: E9-17308
Type: Rule
Date: 2009-07-24
Agency: Department of Veterans Affairs
This document contains a correction to the regulation of the Department of Veterans Affairs (VA) that governs recoupment of lump-sum readjustment pay from disability compensation. This correction is required in order to amend an authority citation in the regulation. No substantive change to the content of the regulation is being made by this correcting amendment.
Herbicide Exposure and Veterans With Covered Service in Korea
Document Number: E9-17035
Type: Proposed Rule
Date: 2009-07-24
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) proposes to amend its adjudication, medical, and vocational rehabilitation and employment regulations to incorporate relevant provisions from the Veterans Benefits Act of 2003. Specifically, this document proposes to amend VA's regulations regarding herbicide exposure of certain veterans who served in or near the Korean demilitarized zone and regulations regarding spina bifida in their children. It also proposes to amend VA's medical regulations by correcting the Health Administration
Requested Administrative Waiver of the Coastwise Trade Laws
Document Number: E9-16251
Type: Notice
Date: 2009-07-24
Agency: Maritime Administration, Department of Transportation
As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD-2009-0063 at https://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD's regulations at 46 CFR part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the
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