August 3, 2009 – Federal Register Recent Federal Regulation Documents

National Poultry Improvement Plan and Auxiliary Provisions; Technical Amendment
Document Number: E9-18485
Type: Rule
Date: 2009-08-03
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
In a final rule that was published in the Federal Register on April 1, 2009 (74 FR 14710-14719, Docket No. APHIS-2007-0042), and effective on May 1, 2009, we amended the National Poultry Improvement Plan (the Plan) and its auxiliary provisions by providing new or modified sampling and testing procedures for Plan participants and participating flocks. In that final rule, we amended the U.S. Avian Influenza Clean program for multiplier meat-type chicken breeding flocks to require that 15 birds be tested to retain the classification, rather than 30. However, our amendatory instruction accomplishing this change also amended the program to require multiplier spent fowl to be tested within 15 days prior to movement to slaughter, rather than 30 days. We had intended to retain the 30-day requirement. This document corrects that error.
Activation of Ice Protection
Document Number: E9-18483
Type: Rule
Date: 2009-08-03
Agency: Federal Aviation Administration, Department of Transportation
The Federal Aviation Administration amends the airworthiness standards applicable to transport category airplanes certificated for flight in icing conditions. The rule requires a means to ensure timely activation of the airframe ice protection system. This rule is the result of information gathered from a review of icing accidents and incidents, and will improve the level of safety for new airplane designs for operations in icing conditions.
Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants, West Virginia; Control of Emissions From Hospital/Medical/Infectious Waste Incinerator Units, Plan Revision
Document Number: E9-18482
Type: Rule
Date: 2009-08-03
Agency: Environmental Protection Agency
EPA is taking direct final action to approve a revision to the West Virginia (WV) hospital/medical/infectious waste incinerator (HMIWI) 111(d)/129 plan (the ``plan''). The revision contains a modified WV Department of Environmental Protection, Division of Air Quality (DAQ) rule that streamlines the State's regulatory structure (WV45CSR6, 18, and 24) for incinerator units and incorporates applicable Clean Air Act (CAA), section 129, requirements into one rule, WV45CSR18. This approval action relates only to HMIWI units. The streamlining of the State's regulatory structure of its incinerator rules is not an EPA requirement.
Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; West Virginia; Control of Emissions From Existing Hospital/Medical/Infectious Waste Incinerator Units, Plan Revision
Document Number: E9-18481
Type: Proposed Rule
Date: 2009-08-03
Agency: Environmental Protection Agency
EPA proposes to approve a revision to the West Virginia (WV) hospital/medical/infectious waste incinerator (HMIWI) 111(d)/129 plan (the ``plan''). The revision contains a modified WV Department of Environmental Protection, Division of Air Quality (DAQ) rule, WV45CSR18, that streamlines and consolidates the state's regulatory structure for incinerator units into one rule which incorporates Clean Air Act (CAA), section 129, requirements. This approval action relates only to HMIWI units. In the Final Rules section of this Federal Register, EPA is approving the State of West Virginia's HMIWI plan revision submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial action and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule
Approval and Promulgation of State Air Quality Plans For Designated Facilities and Pollutants, West Virginia; Control of Emissions From Commercial and Industrial Solid Waste Incinerator Units, Plan Revision
Document Number: E9-18480
Type: Rule
Date: 2009-08-03
Agency: Environmental Protection Agency
EPA is taking direct final action to approve a revision to the West Virginia (WV) commercial and industrial solid waste incinerator (CISWI) 111(d)/129 plan (the ``plan''). The revision contains a modified WV Department of Environmental Protection, Division of Air Quality (DAQ) rule that streamlines and consolidates the state's regulatory structure (WV45CSR6, 18 and 24) for incinerator units and incorporates applicable Clean Air Act (CAA), section 129, requirements into one rule, WV45CSR18. This approval action relates only to CISWI units. The streamlining of the state's regulatory structure of its incinerator rules is not an EPA requirement.
Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; West Virginia; Control of Emissions From Existing Commercial and Industrial Incineration (CISWI) Units, Plan Revision
Document Number: E9-18479
Type: Proposed Rule
Date: 2009-08-03
Agency: Environmental Protection Agency
EPA proposes to approve a revision to the West Virginia (WV) commercial and industrial solid waste incinerator (CISWI) 111(d)/129 plan (the ``plan''). The revision contains a modified WV Department of Environmental Protection, Division of Air Quality (DAQ) rule, WV45CSR18, that streamlines the state's regulatory structure for incinerator units into one rule which incorporates Clean Air Act (CAA), section 129 requirements. This approval action relates only to CISWI units. In the Final Rules section of this Federal Register, EPA is approving the State of West Virginia's CISWI plan revision submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial action and anticipate no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments
Television Broadcasting Services; Boise, ID
Document Number: E9-18473
Type: Proposed Rule
Date: 2009-08-03
Agency: Federal Communications Commission, Agencies and Commissions
The Commission has before it a petition for rulemaking filed by Fisher BroadcastingIdaho TV, L.L.C. (``Fisher''), the licensee of KBCI-DT, digital channel 28, Boise, Idaho. Fisher requests the substitution of digital channel 9 for digital channel 28 at Boise.
Television Broadcasting Services; Fort Worth, TX
Document Number: E9-18471
Type: Proposed Rule
Date: 2009-08-03
Agency: Federal Communications Commission, Agencies and Commissions
The Commission has before it a petition for rulemaking filed by CBS Stations Group of Texas, L.P. (``CBS Stations Group'') and Television Station KTXA, L.P. (``KTXA L.P.'') (collectively, ``Joint Petitioners''), the respective licensees of Fort Worth, Texas stations KTVT(TV), channel 11, and KTXA(TV), channel 19. The Joint Petitioners request the substitution of DTV channel 19 for KTVT(TV)'s assigned DTV channel 11 at Fort Worth and the substitution of DTV channel 29 for KTXA(TV)'s assigned DTV channel 19 at Fort Worth.
Television Broadcasting Services; Hutchinson and Wichita, KS
Document Number: E9-18470
Type: Proposed Rule
Date: 2009-08-03
Agency: Federal Communications Commission, Agencies and Commissions
The Commission has before it a petition for rulemaking filed by Sunflower Broadcasting, Inc. (``Sunflower''), the licensee of stations KWCH-DT, Hutchinson, Kansas, DTV channel 12, and KSCW-DT, Wichita, Kansas, DTV channel 19. Sunflower requests the substitution of DTV channel 19 for KWCH-DT's assigned DTV channel 12 at Hutchinson and the substitution of DTV channel 12 for KSCW-DT's assigned DTV channel 19 at Wichita.
Limiting the Quantity of Byproduct Material in a Generally Licensed Device
Document Number: E9-18438
Type: Proposed Rule
Date: 2009-08-03
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to limit the quantity of byproduct material contained in a generally licensed device to below one-tenth (1/10) of the International Atomic Energy Agency (IAEA) Category 3 thresholds. As a result of this amendment, individuals possessing devices with byproduct material meeting or exceeding these thresholds would be required to apply for and obtain a specific license. The NRC is also proposing to further clarify the requirements that apply when a device authorized to be used under the general license is instead held under a specific license. The proposed amendments would also modify the Compatibility Categories contained in the current regulations.
Airworthiness Directives; Bell Helicopter Textron Canada Model 427 Helicopters
Document Number: E9-18431
Type: Rule
Date: 2009-08-03
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for Bell Helicopter Textron Canada (BHTC) Model 427 helicopters. This AD results from mandatory continuing airworthiness information (MCAI) originated by the aviation authority of Canada to identify and correct an unsafe condition on an aviation product. Transport Canada, the aviation authority of Canada, with which we have a bilateral agreement, states that it has been determined that the existing hardware connecting the vertical fin to the tail rotor gearbox needs to be upgraded to prevent the vertical fin from becoming loose.
Airworthiness Directives; Eurocopter France Model AS 332 C, L, L1, and L2; AS 350 B3; AS 355 F, F1, F2, and N; SA 365 N and N1; AS 365 N2 and N3; SA 366 G1; EC 130 B4; and EC 155B and B1 Helicopters
Document Number: E9-18429
Type: Proposed Rule
Date: 2009-08-03
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for the specified model helicopters. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by the European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community. The MCAI states that the AD is issued following a manufacturing nonconformity found on one batch of the servo-control caps. With a defective servo-control, rotation of the distributor might not be stopped mechanically since only friction of inner seals holds the distributor sleeve in its position. The proposed
Advertisements for Animals and Sharp Instruments for Use in Animal Fighting Ventures Are Nonmailable
Document Number: E9-18420
Type: Proposed Rule
Date: 2009-08-03
Agency: Postal Service, Agencies and Commissions
The Postal Service proposes to revise our mailing standards pertaining to animal fighting ventures. We intend to harmonize our standards with section 26 (7 U.S.C. 2156) of the Animal Welfare Act as amended by the Food, Conservation, and Energy Act of 2008.
Olives Grown in California; Increased Assessment Rate
Document Number: E9-18415
Type: Rule
Date: 2009-08-03
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 assessment rate established under the marketing order (order) for olives grown in California for the 2009 and subsequent fiscal years. The interim final rule increased the assessment rate from $15.60 to $28.63 per assessable ton of olives handled. The interim final rule was necessary to provide adequate operating funds for the California Olive Committee (committee), which administers the order locally.
Grapes Grown in a Designated Area of Southeastern California and Imported Table Grapes; Relaxation of Handling Requirements
Document Number: E9-18414
Type: Rule
Date: 2009-08-03
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 relaxed the handling requirements prescribed under the California table grape marketing order (order) and the table grape import regulation. The interim final rule relaxed the minimum bunch size requirement for the 2009 season for grapes packed in containers holding 2 pounds net weight or less. Under the relaxation, up to 20 percent of the weight of such containers may consist of single clusters weighing less than one quarter pound, but with at least five berries each. The interim final rule was necessary to provide California desert grape handlers and importers the flexibility to respond to a marketing opportunity on a test basis for one season to meet consumer needs.
Proposed Flood Elevation Determinations
Document Number: E9-18407
Type: Proposed Rule
Date: 2009-08-03
Agency: Federal Emergency Management Agency, Department of Homeland Security
Comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents, and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.
Suspension of Community Eligibility
Document Number: E9-18406
Type: Rule
Date: 2009-08-03
Agency: Federal Emergency Management Agency, Department of Homeland Security
This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date.
Fitness for Duty Programs
Document Number: E9-18364
Type: Rule
Date: 2009-08-03
Agency: Nuclear Regulatory Commission, Agencies and Commissions
This document corrects a final rule appearing in the Federal Register on March 31, 2008 (73 FR 16965), that amended the Nuclear Regulatory Commission's (NRC's) regulations that govern fitness for duty programs. This document is necessary to correct erroneous language in the preamble and codified language of the final rule. These corrections include fixing typographical errors and cross-references, revising language in the preamble to clarify unintended discrepancies with the codified rule text, and making non-substantive changes to the rule text that do not modify any requirements in the final rule.
Expedited Approval of Alternative Test Procedures for the Analysis of Contaminants Under the Safe Drinking Water Act; Analysis and Sampling Procedures
Document Number: E9-18361
Type: Rule
Date: 2009-08-03
Agency: Environmental Protection Agency
This action announces the Environmental Protection Agency's (EPA's) approval of alternative testing methods for use in measuring the levels of contaminants in drinking water and determining compliance with national primary drinking water regulations. The Safe Drinking Water Act (SDWA) authorizes EPA to approve the use of alternative testing methods through publication in the Federal Register. EPA is using this streamlined authority to make six additional methods available for analyzing drinking water samples required by regulation. This expedited approach provides public water systems, laboratories, and primacy agencies with more timely access to new measurement techniques and greater flexibility in the selection of analytical methods, thereby reducing monitoring costs while maintaining public health protection.
Rule Implementing the Freedom of Information Act
Document Number: E9-18353
Type: Proposed Rule
Date: 2009-08-03
Agency: Recovery Accountability and Transparency Board
The Recovery Accountability and Transparency Board (Board) is proposing to implement a set of procedural regulations under the Freedom of Information Act (FOIA) in accordance with 5 U.S.C. 552, and Public Law 104-231, the Electronic Freedom of Information Act Amendments of 1996. These proposed regulations have been written to conform to the statutory provisions in the Acts, to expedite the processing of FOIA requests received by the Board, and to ensure the proper dissemination of information to the public.
Implementation of Privacy Act of 1974
Document Number: E9-18352
Type: Proposed Rule
Date: 2009-08-03
Agency: Recovery Accountability and Transparency Board
The Recovery Accountability and Transparency Board (Board) is proposing to implement a set of procedural regulations under the Privacy Act of 1974 (Privacy Act or the Act), Public Law 93-579, 5 U.S.C. 552a. The proposed regulations have been written to conform to the statutory provisions of the Act. They are intended to expedite the processing of Privacy Act requests received by the Board and to ensure the proper dissemination of information to the public.
New Animal Drugs; Nitrofurazone Ointment
Document Number: E9-18337
Type: Rule
Date: 2009-08-03
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of an original abbreviated new animal drug application (ANADA) filed by First Priority, Inc. The ANADA provides for use of nitrofurazone ointment on horses for prevention or treatment of superficial bacterial infections.
Amendment to the International Traffic in Arms Regulations: Congressional Certification Regarding South Korea
Document Number: E9-18332
Type: Rule
Date: 2009-08-03
Agency: Department of State
The Department of State is amending the International Traffic in Arms Regulations (ITAR) regarding Congressional certification for the Republic of Korea (also referred to as South Korea). South Korea is now in the same category as the countries in the North Atlantic Treaty Organization (NATO), Japan, Australia, and New Zealand concerning certification to Congress, requiring such certification prior to granting any license for export of major defense equipment sold under a contract in the amount of $25,000,000 or more, or for defense articles or defense services sold under a contract in the amount of $100,000,000 or more, provided the transfer does not include any other countries. The ITAR is being amended at numerous sections to reflect these statutory changes and to update two provisions.
Notification of Employee Rights Under Federal Labor Laws
Document Number: E9-17577
Type: Proposed Rule
Date: 2009-08-03
Agency: Department of Labor, Office of Labor-Management Standards, Labor-Management Standards Office
This Notice of Proposed Rulemaking (NPRM) proposes a regulation to implement Executive Order 13496, which was signed by President Barack Obama on January 30, 2009. Executive Order 13496 (``the Executive Order,'' ``the Order,'' or ``EO 13496'') requires nonexempt Federal departments and agencies to include within their Government contracts specific provisions requiring that contractors and subcontractors with whom they do business post notices informing their employees of their rights as employees under Federal labor laws. The Executive Order requires the Secretary (``Secretary'') of the Department of Labor (``Department'') to initiate a rulemaking to prescribe the size, form, and content of the notice that must be posted by a contractor under paragraph 1 of the contract clause described in section 2 of the Order. Under the Executive Order, Federal Government contracting departments and agencies must include the required contract provisions in every Government contract, except for collective bargaining agreements and contracts for purchases under the Simplified Acquisition Threshold, and except in those cases in which the Secretary exempts a contracting department or agency with respect to particular contracts or subcontracts or class of contracts or subcontracts pursuant to section 4 of the Order. As required by the Executive Order, this proposed rule establishes the content of the notice required by the Executive Order's contract clause, and implements other provisions of the Executive Order, including provisions regarding sanctions, penalties, and remedies that may be imposed if the contractor or subcontractor fails to comply with its obligations under the Order and the implementing regulations.
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