July 2009 – Federal Register Recent Federal Regulation Documents

The proposed rule limits the use of film, photographic, and videotape equipment inside the National Archives Building in Washington, DC. Filming, photographing, and videotaping will be prohibited in exhibits of the National Archives Experience (NAE) in Washington, DC, including the Declaration of Independence, the Constitution, and the Bill of Rights (known as the Charters of Freedom) in the Rotunda of the National Archives Building. In 2003 NARA installed new exhibit cases for displaying the Charters and other NAE documents to provide better clarity for viewing the exhibits. NARA seeks to ensure the necessary protection for the documents from the cumulative effects of photographic flash.

EPA is proposing to determine that the West Virginia portions of three nonattainment areas for the 1997 fine particulate (PM2.5) National Ambient Air Quality Standard (NAAQS) have clean data for the 1997 PM2.5 NAAQS. These are Berkeley County, part of the Hagerstown-Martinsburg MD-WV nonattainment area; Wood County, part of the Parkersburg-Marietta WV-OH nonattainment area; and Marshall County and Ohio County, part of the Wheeling WV-OH nonattainment area, hereinafter referred to in this notice as the West Virginia portions of the Hagerstown-Martinsburg, Parkersburg-Marietta, and Wheeling PM2.5 nonattainment areas. This proposed determination is based upon quality assured, quality controlled, and certified ambient air monitoring data that show that these areas have monitored attainment of the 1997 PM2.5 NAAQS based on 2006- 2008 data. In addition, quality controlled and quality assured monitoring data for 2009 that are available in the EPA Air Quality System (AQS) database, but not yet certified, show these areas continue to have clean data for the 1997 PM2.5 NAAQS. If this proposed determination is made final, the requirements for these areas to submit an attainment demonstration, associated reasonably available measures, a reasonable further progress plan, contingency measures, and other planning State Implementation Plans (SIPs) related to attainment of the standard shall be suspended for so long as the area continues to meet the 1997 PM2.5 NAAQS.

Environmental Protection Agency (EPA) is granting a petition submitted by WRB Refining, LLC Company to exclude (or delist) the sludge from its wastewater treatment plant generated by WRB Refining, LLC Company in Borger, Texas from the lists of hazardous wastes. This direct final rule responds to the petition submitted by WRB Refining, LLC Company to delist the thermal desorber residual solids with Hazardous Waste Numbers: F037, F038, K048, K049, K050, and K051.

This rule implements the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996. The rule adjusts for inflation the maximum amount of each statutory civil penalty subject to Federal Maritime Commission (``Commission'') jurisdiction in accordance with the requirements of that Act.

The EPA is proposing to approve revisions to the Texas State Implementation Plan (SIP) that amend 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds. On March 10, 2009, the State of Texas submitted a SIP revision containing amendments to the Beaumont- Port Arthur (BPA) 8-Hour Ozone Nonattainment Area Major Source rules, the Houston-Galveston-Brazoria (HGB) 8-Hour Ozone Nonattainment Area Major Source rules, and the HGB 8-Hour Ozone Nonattainment Area Minor Source rules. These revisions will result in additional flexibility and consistency in the current stationary reciprocating internal combustion engine and gas turbine monitoring specifications found in Chapter 117 by allowing for an output-based option for monitoring nitrogen oxides (NOX) emissions. This additional option is expected to be equally effective as totalizing fuel flow meters in the monitoring of NOX emissions at major stationary sources in the BPA 8-hour ozone nonattainment area and at both major and minor sources in the HGB 8-hour ozone nonattainment area. The EPA is proposing to approve these revisions pursuant to section 110 of the Federal Clean Air Act (CAA).

We propose to rescind an airworthiness directive (AD) for the products listed above. The existing AD resulted 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:

The FAA is making several editorial changes to the amateur rocket regulations. The intent of this action is to ensure the regulations are clear and accurate.

This action proposes to amend Class E airspace at Tioga, ND. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Tioga Municipal Airport, Tioga, ND. This action also amends the geographic coordinates of Tioga Municipal Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at Tioga Municipal Airport.

This action amends Class E airspace at Iowa Falls, IA. Additional controlled airspace is necessary to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAP) at Iowa Falls Municipal Airport, Iowa Falls, IA. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at Iowa Falls Municipal Airport.

This action proposes to amend Class E airspace for the St. Louis, MO, area. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Spirit of St. Louis Airport, St. Louis, MO. Also, there would be minor adjustments to the geographic coordinates for Lambert-St. Louis International Airport, St. Louis VORTAC, and the Foristell VORTAC. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) aircraft operations at Spirit of St. Louis Airport.

The Securities and Exchange Commission (``Commission'') is finalizing amendments to Regulation SHO under the Securities Exchange Act of 1934 (``Exchange Act'') by making permanent amendments contained in Interim Final Temporary Rule 204T (``temporary Rule 204T'') of

NOAA publishes this final rule for certain regulations for the Florida Keys National Marine Sanctuary. This final rule makes technical corrections and modifications to several areas in the regulations. As part of these modifications, NOAA: amends the definition of coral to specifically include the common sea fan, Gorgonia ventalina and Venus sea fan, Gorgonia flabellum, which are both important sanctuary resources and are currently managed under the category ``live rock''; specifies that ``touching'' coral is an injury and therefore, a prohibited activity in the FKNMS; amends the minimum distance between vessels and ``divers down'' flags to be 100 yards instead of 100 feet; clarifies that the prohibitions listed for Sanctuary Preservation Areas and Ecological Reserves also apply in Research-only Areas; and corrects several citations that were currently out of date.

This action extends the comment period for a proposed rule that was published on May 1, 2009. The proposed rule would require all certificate holders conducting operations under part 135 to include in their training programs crew resource management for crewmembers, including pilots and flight attendants. This proposal is needed to ensure that crewmembers in part 135 operations receive training and practice in the use of crew resource management principles, as appropriate for their operation. This proposed rule would respond to National Transportation

This final rule allows an exemption from the minimum twine- top mesh size for vessels issued Federal scallop permits and fishing exclusively in State of Maine (ME) waters. In addition, the state waters exemption provides an exemption from scallop days-at-sea (DAS) for limited access DAS scallop vessels, provided the vessel fishes exclusively in ME state waters. The scallop fishery regulations specify that a state may be eligible for a state waters exemption if it has a scallop fishery and a scallop conservation program that does not jeopardize the biomass and fishing mortality/effort limit objectives of the Atlantic Sea Scallop Fishery Management Plan (FMP). The regulations further state that the Regional Administrator, Northeast Region, NMFS (RA), shall determine which states meet those criteria and shall authorize the exemption for such states by publishing a rule in the Federal Register.

The FAA amends the airworthiness standards for issuance of original and amended aircraft engine type certificates for fire protection. The new standard will change aircraft engine fire protection certification standards to update and harmonize them with European Aviation Safety Agency (EASA) fire protection requirements, thereby simplifying airworthiness approvals for import and export purposes.

This action proposes to amend Class D and Class E airspace for Forbes Field Airport, Topeka, KS. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Forbes Field Airport, Topeka, KS. This action also incorporates the Class E as extensions to Class D at Forbes Field Airport into the Class D surface area. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) aircraft operations at Forbes Field Airport.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to all McDonnell Douglas Model DC-9-14, DC- 9-15, and DC-9-15F airplanes; and McDonnell Douglas Model DC-9-20, DC- 9-30, DC-9-40, and DC-9-50 series airplanes. The existing AD currently requires repetitive inspections for cracks of the main landing gear (MLG) shock strut cylinder, and related investigative and corrective actions if necessary. This proposed AD would add more work on airplanes that have main landing gear shock struts with certain identified part numbers. This proposed AD results from two reports of a collapsed MLG and a report of cracks in two MLG cylinders. We are proposing this AD to detect and correct fatigue cracks in the shock strut cylinder of the MLG, which could result in a collapsed MLG during takeoff or landing, and possible reduced structural integrity of the airplane.

The Commission is adding the Priority Mail Contract 13 to the Competitive Product List. This action is consistent with changes in a recent law governing postal operations. Republication of the lists of market dominant and competitive products is also consistent with new requirements in the law.

This action amends Class E airspace at Ironwood, MI. Additional controlled airspace is necessary to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAP) at Gogebic Iron County Airport, Ironwood, MI. This action also makes a minor change to the airspace description, removing the reference to the Ironwood ILS. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at Gogebic Iron County Airport.

This action amends Class E airspace at Monee, IL. Additional controlled airspace is necessary to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAP) at Bult Field Airport, Monee, IL. This action also reflects the name change of the airport from Sanger Airport and updates the geographic coordinates to coincide with the FAA's National Aerospace Charting Office. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at Bult Field Airport.

The Coast Guard will enforce the Navy Pier Southeast Safety Zone in Chicago Harbor from August 1, 2009, through August 29, 2009, for the Navy Pier Wednesday Fireworks and the Navy Pier Saturday Fireworks. This action is necessary and intended to ensure safety of life on the navigable waters immediately prior to, during, and immediately after fireworks events. During the enforcement period, no person or vessel may enter, move within, or exit the safety zone without permission of the Captain of the Port Lake Michigan or a designated representative.

In accordance with 18 CFR 381.104, the Commission issues this update of its filing fees. This notice provides the yearly update using data in the Commission's Management, Administrative, and Payroll System to calculate the new fees. The purpose of updating is to adjust the fees on the basis of the Commission's costs for Fiscal Year 2008.

EPA is taking direct final action to approve revisions to the Alabama State Implementation Plan (SIP), submitted by the Alabama Department of Environmental Management (ADEM), on February 6, 2008, to adopt contingency measures in the form of permit conditions for two cement kilns. These contingency measures are for the maintenance of the 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS) in Jefferson and Shelby Counties (``Birmingham Area''). On May 12, 2006, EPA approved the 8-hour ozone redesignation of the Birmingham Area from nonattainment to attainment for the 1997 8-hour ozone NAAQS (see, 71 FR 27631). Additional measures may be necessary in the future; however, these revisions qualify as contingency measures as required under Section 175A(d) of the Clean Air Act (CAA).

EPA is finalizing approval of revisions to the San Joaquin Valley Air Pollution Control District portion of the California State Implementation Plan (SIP). These revisions were proposed in the Federal Register on June 8, 2009 and concern volatile organic compound (VOC) emissions from organic solvent cleaning and degreasing operations. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

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.