July 29, 2009 – Federal Register Recent Federal Regulation Documents

Reader Aids
Document Number: FR-2009-07-29-ReaderAids
Type: Reader Aids
Date: 2009-07-29
National Korean War Veterans Armistice Day, 2009
Document Number: E9-18281
Type: Proclamation
Date: 2009-07-29
Agency: Executive Office of the President, Presidential Documents
Anniversary of the Americans with Disabilities Act, 2009
Document Number: E9-18280
Type: Proclamation
Date: 2009-07-29
Agency: Executive Office of the President, Presidential Documents
Sunshine Act Notice
Document Number: E9-18222
Type: Notice
Date: 2009-07-29
Agency: Commission on Civil Rights, Civil Rights Commission, Agencies and Commissions
Notice of Agreements Filed
Document Number: E9-18205
Type: Notice
Date: 2009-07-29
Agency: Federal Maritime Commission, Agencies and Commissions
Regulatory Guidance on the Definition of “Principal Place of Business”
Document Number: E9-18142
Type: Rule
Date: 2009-07-29
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The FMCSA announces regulatory guidance concerning its definition of ``principal place of business.'' The regulatory guidance is presented in a question-and-answer format and is generally applicable to motor carrier operations subject to the Federal Motor Carrier Safety Regulations. No prior interpretations or regulatory guidance concerning the term ``principal place of business,'' whether published or unpublished may be relied upon as authoritative if they are inconsistent with the guidance published today. This guidance will provide the motor carrier industry and Federal, State and local law enforcement officials with uniform information for use in determining which locations may be designated by a motor carrier as its principal place of business.
Notice of Proposed Information Collection Requests
Document Number: E9-18117
Type: Notice
Date: 2009-07-29
Agency: Department of Education
The Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.
Notice of Proposed Information Collection Requests
Document Number: E9-18115
Type: Notice
Date: 2009-07-29
Agency: Department of Education
The Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.
Submission for OMB Review; Comment Request
Document Number: E9-18114
Type: Notice
Date: 2009-07-29
Agency: Department of the Treasury, Department of Treasury
Submission for OMB Review; Comment Request
Document Number: E9-18113
Type: Notice
Date: 2009-07-29
Agency: Department of the Treasury, Department of Treasury
Submission for OMB Review; Comment Request
Document Number: E9-18112
Type: Notice
Date: 2009-07-29
Agency: Department of the Treasury, Department of Treasury
Submission for OMB Review; Comment Request
Document Number: E9-18111
Type: Notice
Date: 2009-07-29
Agency: Department of the Treasury, Department of Treasury
Submission for OMB Review; Comment Request
Document Number: E9-18110
Type: Notice
Date: 2009-07-29
Agency: Department of the Treasury, Department of Treasury
Submission for OMB Review; Comment Request
Document Number: E9-18109
Type: Notice
Date: 2009-07-29
Agency: Department of the Treasury, Department of Treasury
Apricots Grown in Designated Counties in Washington; Decreased Assessment Rate
Document Number: E9-18108
Type: Rule
Date: 2009-07-29
Agency: Agricultural Marketing Service, Department of Agriculture
This rule decreases the assessment rate established for the Washington Apricot Marketing Committee (Committee) for the 2009-2010 and subsequent fiscal periods from $2.00 to $1.00 per ton of apricots handled. The Committee locally administers the marketing order, which regulates the handling of apricots grown in designated counties in Washington. Assessments upon apricot handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins April 1 and ends March 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Nectarines and Peaches Grown in California; Changes in Handling Requirements for Fresh Nectarines and Peaches
Document Number: E9-18099
Type: Rule
Date: 2009-07-29
Agency: Agricultural Marketing Service, Department of Agriculture
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule that changed the handling requirements applicable to well matured fruit covered under the nectarine and peach marketing orders (orders). The interim final rule updated the lists of commercially significant varieties subject to size regulations under the orders. The interim final rule was necessary to revise the regulations for the current marketing season, which began in April.
Ocean Transportation Intermediary License Revocations
Document Number: E9-18098
Type: Notice
Date: 2009-07-29
Agency: Federal Maritime Commission, Agencies and Commissions
Ocean Transportation Intermediary License Reissuances
Document Number: E9-18097
Type: Notice
Date: 2009-07-29
Agency: Federal Maritime Commission, Agencies and Commissions
Additional Proposed Guidance for New Starts/Small Starts Policies and Procedures and Request for Comments for 2009
Document Number: E9-18096
Type: Notice
Date: 2009-07-29
Agency: Federal Transit Administration, Department of Transportation
This notice includes, and requests comments on, additional Proposed Guidance on New Starts/Small Starts Policies and Procedures. This guidance continues FTA's efforts to streamline and simplify the New and Small Starts programs. The notice: (1) Proposes modifications to the evaluation and rating process; (2) clarifies existing policies; and (3) solicits public feedback on potential changes to FTA's internal practices for the New and Small Starts programs. Please note this guidance is in addition to, and distinct from, the guidance on New Starts/Small Starts Policies and Procedures published concurrently in this issue of the Federal Register.
Ocean Transportation Intermediary License; Applicants
Document Number: E9-18095
Type: Notice
Date: 2009-07-29
Agency: Federal Maritime Commission, Agencies and Commissions
Initiation of Antidumping and Countervailing Duty Administrative Reviews and Deferral of Administrative Review
Document Number: E9-18093
Type: Notice
Date: 2009-07-29
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (``the Department'') has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with June anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews. The Department also received a request to defer the initiation of an administrative review for one antidumping duty order.
Final Guidance on New Starts/Small Starts Policies and Procedures
Document Number: E9-18092
Type: Notice
Date: 2009-07-29
Agency: Federal Transit Administration, Department of Transportation
The purpose of this notice is to convey the 2009 final guidance on New Starts/Small Starts policies and procedures. On May 20, 2009, FTA announced in the Federal Register the availability of proposed guidance and requested public comment. FTA received a total of 29 comments, primarily from transit agencies and metropolitan planning organizations, as well as cities, advocacy groups, State departments of transportation, and other interested parties. After reviewing the public comments, FTA is issuing final guidance, which is included at the end of this notice. Please note that FTA is concurrently publishing a separate notice in today's Federal Register that includes additional proposed guidance on the New Starts and Small Starts program for public comment.
Notice of Availability of Draft Director's Order (DO) Concerning National Park Service (NPS) Policies and Procedures Governing Its Dam Safety Program
Document Number: E9-18091
Type: Notice
Date: 2009-07-29
Agency: Department of the Interior, National Park Service
The NPS is proposing to adopt a DO setting forth the policies and procedures under which NPS will develop and implement the Dam Safety Program. The NPS maintains an inventory of NPS owned and non-NPS owned dams that range greatly in size, complexity and potential for failure. This DO summarizes the NPS's policies and procedures for meeting Federal requirements as codified at 33 U.S.C. 467 and as required per Departmental Manual 245 and 753 and NPS Management Policies 2006. The DO will help ensure that all necessary actions are taken to identify NPS owned and non-NPS owned dams which impact parks, and inspect, operate, maintain, and reduce risk for NPS owned dams.
Notice of Submission of Proposed Information Collection to OMB; Standardized Form for Collecting Information Regarding Race and Ethnic Data
Document Number: E9-18090
Type: Notice
Date: 2009-07-29
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.
Notice of Submission of Proposed Information Collection to OMB; Contract and Subcontract Activity Reporting on Minority Business Enterprise (MBE)
Document Number: E9-18089
Type: Notice
Date: 2009-07-29
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.
Redelegation of Authority for Homelessness Prevention and Rapid Re-Housing Program
Document Number: E9-18088
Type: Notice
Date: 2009-07-29
Agency: Department of Housing and Urban Development
In this notice, the Assistant Secretary for Community Planning and Development redelegates to the Community Planning and Development Field Directors the authority necessary to implement the Homelessness Prevention and Rapid Re-Housing Program (HPRP), which was established under the Homelessness Prevention Fund heading of Division A, Title XII of the American Recovery and Reinvestment Act of 2009.
National Estuarine Research Reserve System
Document Number: E9-18087
Type: Notice
Date: 2009-07-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that the Estuarine Reserves Division, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce is announcing a thirty day public comment period on the North Carolina National Estuarine Research Reserve Management Plan Revision.
Polyethylene Retail Carrier Bags from the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review
Document Number: E9-18086
Type: Notice
Date: 2009-07-29
Agency: Department of Commerce, International Trade Administration
In response to requests from interested parties, the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on polyethylene retail carrier bags (PRCBs) from the People's Republic of China (PRC). The review covers Rally Plastics Co., Ltd. The period of review (POR) is August 1, 2007, through July 31, 2008.
Coal Exploration License, Wyoming
Document Number: E9-18084
Type: Notice
Date: 2009-07-29
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
Pursuant to section 2(b) of the Mineral Leasing Act of 1920, as amended by section 4 of the Federal Coal Leasing Amendments Act of 1976, 90 Stat. 1083, 30 U.S.C. 201(b), and to the regulations adopted as 43 CFR 3410, all interested parties are hereby invited to participate with Bridger Coal Company on a pro rata cost sharing basis in its program for the exploration of coal deposits owned by the United States of America in the following-described lands in Sweetwater County, Wyoming:
Submission for OMB Review; Comment Request
Document Number: E9-18083
Type: Notice
Date: 2009-07-29
Agency: Department of Agriculture
Notice of Intent To Prepare a Supplemental Environmental Impact Statement for the Proposed One Nevada Transmission Line, Nevada
Document Number: E9-18081
Type: Notice
Date: 2009-07-29
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
In compliance with the National Environmental Policy Act of 1976 (NEPA), as amended, and the Federal Land Policy and Management Act of 1976 FLPMA, as amended, the Bureau of Land Management (BLM) Ely and Southern Nevada District Offices intend to prepare a Supplemental Environmental Impact Statement (SEIS) for a proposed 500 kilovolt (kv) transmission line and associated facility from Ely, Nevada, to the Harry Allen substation just north of Las Vegas, Nevada and by this notice are announcing the beginning of the scoping process to solicit public comments and identify issues.
Proposed Information Collection; Request for Review of a Revised Information Collection
Document Number: E9-18080
Type: Notice
Date: 2009-07-29
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
In accordance with the Paperwork Reduction Act of 1995 (Public Law 104-13, May 22, 1995), this notice announces that the Office of Personnel Management (OPM) intends to submit to the Office of Management and Budget (OMB) a request for review of a revised information collection. This information collection, ``Rollover Election'' (OMB Control No. 3206-0212, Form RI 38-117), is used to collect information from each payee affected by a change in the tax code (Pub. L. 107-16) so that OPM can make payment in accordance with the wishes of the payee. ``Rollover Information'' (OMB Control No. 3206-0212, Form RI 38-118), explains the election. ``Special Tax Notice Regarding Rollovers'' (OMB Control No. 3206-0212, Form RI 37-22), provides more detailed information.
Listing Endangered and Threatened Species and Designating Critical Habitat: Notice of Finding on a Petition To List the Largetooth Sawfish (Pristis perotteti) as an Endangered or Threatened Species Under the Endangered Species Act
Document Number: E9-18079
Type: Proposed Rule
Date: 2009-07-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, NMFS, announce a 90 day finding on a petition to list largetooth sawfish (Pristis perotteti) as endangered or threatened under the Endangered Species Act (ESA). We find that the petition presents substantial scientific and commercial information indicating the petitioned action may be warranted. We will conduct a status review of largetooth sawfish to determine if the petitioned action is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial data regarding this species (see below).
Expansion of Foreign-Trade Zone 49, Newark, New Jersey, Area
Document Number: E9-18078
Type: Notice
Date: 2009-07-29
Agency: Department of Commerce, Foreign-Trade Zones Board
N-alkyl (C8
Document Number: E9-18076
Type: Rule
Date: 2009-07-29
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of N-alkyl (C8-C18) primary amines and acetate salts where the alkyl group is linear and may be saturated and/or unsaturated, herein referred to in this document as NAPAAS, when used as inert ingredients for pre-harvest uses under 40 CFR 180.920 at a maximum concentration in formulated end-use products of 10% by weight in herbicide products, 4% by weight in insecticide products, and 4% by weight in fungicide products. The Joint Inerts Task Force (JITF), Cluster Support Team Number 25 (CST 25), submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of NAPAAS.
Protective Regulations for Killer Whales in the Northwest Region Under the Endangered Species Act and Marine Mammal Protection Act
Document Number: E9-18075
Type: Proposed Rule
Date: 2009-07-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, the National Marine Fisheries Service (NMFS), propose regulations under the Endangered Species Act and Marine Mammal Protection Act to prohibit vessels from approaching killer whales within 200 yards and from parking in the path of whales for vessels in inland waters of Washington State. The proposed regulations would also prohibit vessels from entering a conservation area during a defined season. Certain vessels would be exempt from the prohibitions. The purpose of this action is to protect killer whales from interference and noise associated with vessels. In the final rule announcing the endangered listing of Southern Resident killer whales we identified disturbance and sound associated with vessels as a potential contributing factor in the recent decline of this population. The Recovery Plan for Southern Resident killer whales calls for evaluating current guidelines and assessing the need for regulations and/or protected areas. We developed this proposed rule after considering comments submitted in response to an Advance Notice of Proposed Rulemaking (ANPR) and preparing a draft environmental assessment (EA). We are requesting comments on the proposed regulations and the draft EA.
USERRA Benefits Under Title IV of ERISA
Document Number: E9-18074
Type: Proposed Rule
Date: 2009-07-29
Agency: Pension Benefit Guaranty Corporation, Agencies and Commissions
The Uniformed Services Employment and Reemployment Rights Act of 1994 (``USERRA'') provides that an individual who leaves his or her job to serve in the uniformed services is generally entitled to reemployment by his or her previous employer and, upon reemployment, to receive credit for benefits, including employee pension plan benefits, that would have accrued but for the employee's absence due to the military service. This proposed rule would amend PBGC's regulation on Benefits Payable in Terminated Single-Employer Plans (29 CFR part 4022)
Post-2010 Resource Pool, Pick-Sloan Missouri Basin Program-Eastern Division
Document Number: E9-18073
Type: Notice
Date: 2009-07-29
Agency: Department of Energy, Western Area Power Administration
Western Area Power Administration (Western), Upper Great Plains Region, a Federal power marketing agency of the Department of Energy (DOE), hereby announces the Post-2010 Resource Pool Proposed Allocation of Power. The Energy Planning and Management Program (Program) provides for project-specific resource pools and allocating power from these pools to new preference customers and other appropriate purposes as determined by Western. Western, in accordance with the Program, is proposing an allocation of Federal power from the Pick-Sloan Missouri Basin ProgramEastern Division (P-SMBPED) beginning January 1, 2011. Western intends to use power previously returned to Western for this proposed allocation. Western will prepare and publish the Final Allocation of Power in the Federal Register after all public comments on the proposed allocation have been considered.
National Estuarine Research Reserve System
Document Number: E9-18072
Type: Notice
Date: 2009-07-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that the Estuarine Reserves Division, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce is announcing a thirty day public comment period on the Hudson River National Estuarine Research Reserve Management Plan Revision.
Proposed Collection; Comment Request; Parental Knowledge, Attitudes, and Behaviors Related to Pediatric Cardiovascular Health
Document Number: E9-18071
Type: Notice
Date: 2009-07-29
Agency: Department of Health and Human Services, National Institutes of Health
In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, for opportunity for public comment on proposed data collection projects, the National Heart, Lung, and Blood Institute (NHLBI), the National Institutes of Health (NIH) will publish periodic summaries of proposed projects to be submitted to the Office of Management and Budget (OMB) for review and approval.
Submission for OMB Review: Comment Request
Document Number: E9-18069
Type: Notice
Date: 2009-07-29
Agency: Office of the Secretary, Department of Labor
Fisheries of the Exclusive Economic Zone Off Alaska; Northern Rockfish and Pelagic Shelf Rockfish for Trawl Catcher Vessels Participating in the Entry Level Rockfish Fishery in the Central Regulatory Area of the Gulf of Alaska
Document Number: E9-18066
Type: Rule
Date: 2009-07-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for northern rockfish and pelagic shelf rockfish (PSR) for trawl catcher vessels participating in the entry level rockfish fishery in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2009 allocation of northern rockfish and PSR allocated to trawl catcher vessels participating in the entry level rockfish fishery in the Central Regulatory Area of the GOA.
Fisheries of the Exclusive Economic Zone Off Alaska; Shortraker Rockfish in the Western Regulatory Area of the Gulf of Alaska
Document Number: E9-18065
Type: Rule
Date: 2009-07-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting retention of shortraker rockfish in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary because the 2009 total allowable catch (TAC) of shortraker rockfish in the Western Regulatory Area of the GOA has been reached.
Sodium Salts of N-alkyl (C8
Document Number: E9-18064
Type: Rule
Date: 2009-07-29
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of sodium salts of N-alkyl (C8- C18)-beta-iminodipropionic acid where the C8- C18 is linear and may be saturated and/or unsaturated, herein referred to in this document as SSNAs when used as an inert ingredient for pre-harvest uses under 40 CFR 180.920 at a maximum of 30% by weight in pesticide formulations. The Joint Inerts Task Force (JITF), Cluster Support Team Number 14, submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of SSNAs.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch for Catcher Processors Participating in the Rockfish Limited Access Fishery in the Central Regulatory Area of the Gulf of Alaska
Document Number: E9-18063
Type: Rule
Date: 2009-07-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific ocean perch by catcher processors participating in the rockfish limited access fishery in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2009 total allowable catch (TAC) of Pacific ocean perch allocated to catcher processors participating in the rockfish limited access fishery in the Central Regulatory Area of the GOA.
Circuit City, Coon Rapids, MN; Notice of Termination of Investigation
Document Number: E9-18062
Type: Notice
Date: 2009-07-29
Agency: Employment and Training Administration, Department of Labor
SER Enterprise/DHL Logistics, Ogden, UT; Notice of Termination of Investigation
Document Number: E9-18061
Type: Notice
Date: 2009-07-29
Agency: Employment and Training Administration, Department of Labor
Borg Warner Diversified Transmission Products, Inc., Muncie, IN; Notice of Termination of Investigation
Document Number: E9-18060
Type: Notice
Date: 2009-07-29
Agency: Employment and Training Administration, Department of Labor
Teradyne, Inc., Richardson, TX; Notice of Termination of Investigation
Document Number: E9-18059
Type: Notice
Date: 2009-07-29
Agency: Employment and Training Administration, Department of Labor
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