August 24, 2009 – Federal Register Recent Federal Regulation Documents

Reader Aids
Document Number: FR-2009-08-24-ReaderAids
Type: Reader Aids
Date: 2009-08-24
Continuation of U.S. Drug Interdiction Assistance to the Government of Colombia
Document Number: E9-20431
Type: Administrative Order
Date: 2009-08-24
Agency: Executive Office of the President, Presidential Documents
Renewal of Advisory Committee on Electronic Records Archives
Document Number: E9-20392
Type: Notice
Date: 2009-08-24
Agency: National Archives and Records Administration, Agencies and Commissions
This notice is published in accordance with the provisions of section 9(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.) and advises of the renewal of the National Archives and Records Administration's (NARA) Advisory Committee on Electronic Records Archives. In accordance with Office of Management and Budget (OMB) Circular A-135, OMB approved the inclusion of the Advisory Committee on Electronic Records Archives in NARA's ceiling of discretionary advisory committees.
Broadband Initiatives Program; Broadband Technology Opportunities Program
Document Number: E9-20372
Type: Notice
Date: 2009-08-24
Agency: Department of Agriculture, Rural Utilities Service, Department of Commerce, National Telecommunications and Information Administration
RUS and NTIA announce additional measures to ensure that any pending electronic applications experiencing difficulties uploading attachments into the Easygrants[reg] System for the Broadband Initiatives Program (BIP) and the Broadband Technology Opportunities Program (BTOP) can be submitted by the extended application deadline of August 20, 2009. The Easygrants[reg] System will not accept applications after 5 p.m. Eastern Time (ET) on August 20, 2009. In order to ensure that all pending electronic applications experiencing difficulties uploading attachments can be completed, the core application must be electronically submitted using the Easygrants[reg] System by 5 p.m. ET on August 20, 2009. The extension described herein pertains only to the attachments listed in the ``Uploads Checklist'' of the ``Uploads'' page of the Easygrants[reg] System, including documents submitted as Supplemental Information. The core application is defined as all fields and questions in the application, not including the attachments listed in the ``Uploads Checklist'' of the ``Uploads'' page. Any attachments that the applicant is unable to upload to the Easygrants[reg] System must be submitted by August 24, 2009, using one of the following methods of delivery: hand-delivery, overnight express, or regular mail.
Aeronautics Science and Technology Subcommittee Committee on Technology; National Science and Technology Council
Document Number: E9-20353
Type: Notice
Date: 2009-08-24
Agency: Office of Science and Technology Policy, Science and Technology Policy Office, Executive Office of the President
Executive Order (E.O.) 13419National Aeronautics Research and Developmentsigned December 20, 2006, and the National Aeronautics Research and Development Policy that was developed by the National Science and Technology Council (NSTC) call for executive departments and agencies conducting aeronautics research and development (R&D) to engage industry, academia and other non-Federal stakeholders in support of government planning and performance of aeronautics R&D. E.O. 13419 further requires a biennial update to the National Plan for Aeronautics Research and Development and Related Infrastructure (Plan).
Stressor Determinations for Posttraumatic Stress Disorder
Document Number: E9-20339
Type: Proposed Rule
Date: 2009-08-24
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) proposes to amend its adjudication regulations governing service connection for posttraumatic stress disorder (PTSD) by liberalizing in some cases the evidentiary standard for establishing the required in-service stressor. This amendment would eliminate the requirement for corroborating that the claimed in-service stressor occurred if a stressor claimed by a veteran is related to the veteran's fear of hostile military or terrorist activity and a VA psychiatrist or psychologist confirms that the claimed stressor is adequate to support a diagnosis of PTSD, provided that the claimed stressor is consistent with the places, types, and circumstances of the veteran's service and that the veteran's symptoms are related to the claimed stressor.
Required Scale Tests
Document Number: E9-20337
Type: Proposed Rule
Date: 2009-08-24
Agency: Department of Agriculture, Grain Inspection, Packers and Stockyards Administration
The Department of Agriculture's (USDA) Grain Inspection, Packers and Stockyards Administration (GIPSA) is proposing to amend one section of the regulations under the Packers and Stockyards Act of 1921, as amended (P&S Act), regarding the requirement that stockyard owners, market agencies, dealers, packers, or live poultry dealers that weigh livestock, live poultry, or feed, have their scales tested at least twice each calendar year at intervals of approximately 6 months. This proposal would amend the current regulations to state that the 6- month interval in which scale owners must have their scales tested each calendar year is no longer approximate. Specifically, the proposal would require that scale owners complete the first of the two scale tests between January 1 and June 30 of the calendar year. The remaining scale test would be required to be completed between July 1 and December 31 of the calendar year. In addition, a minimum period of 120 days would be required between these two tests. More frequent testing would still be required in cases where a scale does not maintain accuracy between tests. Finally, we are proposing to amend that section of the regulations to add ``swine contractors'' to the list of regulated entities to which the section applies. GIPSA believes that this proposed action would facilitate GIPSA's ability to regulate the business operations of stockyard owners, swine contractors, market agencies, dealers, packers, or live poultry dealers through the effective enforcement of the P&S Act.
Broadband Over Power Line Systems
Document Number: E9-20336
Type: Proposed Rule
Date: 2009-08-24
Agency: Federal Communications Commission, Agencies and Commissions
Spirit Pharmaceuticals, L.L.C.; Dismissal of Proceeding
Document Number: E9-20335
Type: Notice
Date: 2009-08-24
Agency: Drug Enforcement Administration, Department of Justice
Proposed Generic Communication; NRC Regulatory Issue Summary 2005-02, Revision 1, Clarifying the Process for Making Emergency Plan Changes
Document Number: E9-20334
Type: Notice
Date: 2009-08-24
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The U.S. Nuclear Regulatory Commission (NRC) is proposing to issue a regulatory issue summary (RIS) to clarify the process for making emergency plan changes. This FRN version of the draft Regulatory Issue Summary (RIS) does not include the Attachments and Enclosures as described in the body of the RIS. To view these attachments and enclosures, refer to the NRC's Agencywide Documents Access and Management System (ADAMS), document number ML080710029. The NRC's internal non-concurrence process ``Draft Management Directive 10.158, `NRC Non-Concurrence Process','' has been invoked by a member of the NRC staff regarding draft RIS 2005-01, Revision 1. The non-concurrence and supporting information is publically available through ADAMS Accession No. ML092250622.
Final Management Plan and Environmental Assessment for Thunder Bay National Marine Sanctuary: Notice of Public Availability
Document Number: E9-20332
Type: Notice
Date: 2009-08-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In accordance with section 304(e) of the National Marine Sanctuaries Act (NMSA), as amended, NOAA is releasing the Final Management Plan and Environmental Assessment for Thunder Bay National Marine Sanctuary.
Confirmatory Order Modifying License (Effective Immediately)
Document Number: E9-20331
Type: Notice
Date: 2009-08-24
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Maine Disaster #ME-00018
Document Number: E9-20330
Type: Notice
Date: 2009-08-24
Agency: Small Business Administration, Agencies and Commissions
This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of MAINE (FEMA1852DR), dated 07/30/2009.
Center for Scientific Review; Notice of Closed Meetings
Document Number: E9-20329
Type: Notice
Date: 2009-08-24
Agency: Department of Health and Human Services, National Institutes of Health
National Human Genome Research Institute; Notice of Meeting
Document Number: E9-20328
Type: Notice
Date: 2009-08-24
Agency: Department of Health and Human Services, National Institutes of Health
Fisheries in the Western Pacific; Bottomfish and Seamount Groundfish Fisheries; 2009-10 Main Hawaiian Islands Bottomfish Total Allowable Catch
Document Number: E9-20327
Type: Proposed Rule
Date: 2009-08-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes to specify establish a total allowable catch (TAC) for the 2009-10 fishing year of 254,050 lb (115,235 kg) of Deep 7 bottomfish in the main Hawaiian Islands (MHI). The TAC would be set in accordance with regulations established to support long-term sustainability of Hawaii bottomfish in the Hawaiian Archipelago.
Wyoming: Notice of Proposed Reinstatement of Terminated Oil and Gas Lease
Document Number: E9-20325
Type: Notice
Date: 2009-08-24
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(2), the Bureau of Land Management (BLM) received a petition for reinstatement from Anadarko Petroleum Corporation and Lance Oil & Gas Company for noncompetitive oil and gas lease WYW144809 for land in Johnson County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.
Wyoming: Notice of Proposed Reinstatement of Terminated Oil and Gas Lease
Document Number: E9-20324
Type: Notice
Date: 2009-08-24
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(2), the Bureau of Land Management (BLM) received a petition for reinstatement from Anadarko Petroleum Corporation and Lance Oil & Gas Company for noncompetitive oil and gas lease WYW144810 for land in Johnson County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.
Pennsylvania Disaster #PA-00026
Document Number: E9-20323
Type: Notice
Date: 2009-08-24
Agency: Small Business Administration, Agencies and Commissions
This is a notice of an Administrative declaration of a disaster for the State of Pennsylvania.
Wyoming: Notice of Proposed Reinstatement of Terminated Oil and Gas Lease
Document Number: E9-20322
Type: Notice
Date: 2009-08-24
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(2), the Bureau of Land Management (BLM) received a petition for reinstatement from Anadarko Petroleum Corporation and Lance Oil & Gas Company for noncompetitive oil and gas lease WYW144811 for land in Johnson County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.
Federal Consistency Appeal by Villa Marina Yacht Harbour, Inc.
Document Number: E9-20318
Type: Notice
Date: 2009-08-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This announcement provides notice that Villa Marina Yacht Harbour, Inc. (Villa Marina) has filed an administrative appeal with the Department of Commerce requesting that the Secretary override the Puerto Rico Planning Board's (PRPB) objection to the proposed expansion of an existing marina in Fajardo, Puerto Rico.
Listing Endangered and Threatened Species: Change in Status for the Upper Columbia River Steelhead Distinct Population Segment
Document Number: E9-20315
Type: Rule
Date: 2009-08-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, NMFS, announce that the Upper Columbia River steelhead is reclassified as a threatened species consistent with a recent court ruling. We also correct the table of threatened fishes to indicate that the same species is listed as threatened under the Endangered Species Act of 1973 (ESA). This species was inadvertently dropped from the table during an unrelated rulemaking.
Fisheries of the Northeastern United States; Atlantic Deep-Sea Red Crab Fishery; Emergency Rule; Extension
Document Number: E9-20308
Type: Rule
Date: 2009-08-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is continuing emergency measures to reduce the target total allowable catch (TAC) and associated days-at-sea (DAS) allocations in the Atlantic deep-sea red crab fishery, based on recent scientific information. The red crab stock was assessed by the Data Poor Stocks Working Group in the fall of 2008, and a final report published in January 2009 indicates that the current estimate of maximum sustainable yield (MSY) for red crab is no longer reliable. This action is necessary to comply with the objectives of the Deep-Sea Red Crab Fishery Management Plan (FMP), as well as to ensure compliance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). This action is intended to prevent unsustainable fishing of the red crab resource while the New England Fishery Management Council (Council) develops specifications and
Determination of Regulatory Review Period for Purposes of Patent Extension; LEXISCAN
Document Number: E9-20307
Type: Notice
Date: 2009-08-24
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) has determined the regulatory review period for LEXISCAN and is publishing this notice of that determination as required by law. FDA has made the determination because of the submission of applications to the Director of Patents and Trademarks, Department of Commerce, for the extension of patents which claim that human drug product.
Agency Information Collection Activities: Submission for OMB Review; Comment Request
Document Number: E9-20306
Type: Notice
Date: 2009-08-24
Agency: Department of Health and Human Services, Health Resources and Services Administration
Federal Acquisition Regulation; FAR Case 2009-005, Use of Project Labor Agreements for Federal Construction Projects
Document Number: E9-20305
Type: Proposed Rule
Date: 2009-08-24
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to implement Executive Order (E.O.) 13502, Use of Project Labor Agreements for Federal Construction Projects. The comment period is being reopened for an additional 30 days to provide additional time for interested parties to review the proposed FAR changes.
Agency Information Collection Activities: Proposed Collection; Comments Requested
Document Number: E9-20304
Type: Notice
Date: 2009-08-24
Agency: Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, Alcohol, Tobacco, Firearms, and Explosives Bureau
Electrical Interconnection of the Golden Hills Wind Project
Document Number: E9-20303
Type: Notice
Date: 2009-08-24
Agency: Bonneville Power Administration, Department of Energy
The Bonneville Power Administration (BPA) has decided to offer BP Alternative Energy North America, Inc. a Large Generator Interconnection Agreement for interconnection of up to 200 megawatts of power into the Federal Columbia River Transmission System. The power would be generated by the Golden Hills Wind Project (Wind Project) in Sherman County, Oregon. To interconnect the Wind Project, BPA will string a jumper line at an existing transmission tower outside Klondike Schoolhouse Substation and connect to BPA's Biglow CanyonKlondike Schoolhouse No. 2 230-kilovolt line. BPA will also purchase part of Portland General Electric's Biglow Canyon Substation, as well as about 1 acre of land next to Biglow Canyon Substation for the expansion of the substation to accommodate new equipment, including a new transmission tower. This new tower will then be connected to an existing transmission tower outside the substation fence. This decision to interconnect the Wind Project is consistent with and tiered to BPA's Business Plan Environmental Impact Statement (DOE/EIS-0183, June 1995), and the Business Plan Record of Decision (BP ROD, August 1995).
Agency Information Collection Activities: Proposed Collection; Comments Requested
Document Number: E9-20302
Type: Notice
Date: 2009-08-24
Agency: Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, Alcohol, Tobacco, Firearms, and Explosives Bureau
Application To Export Electric Energy; Louis Dreyfus Energy Services L.P.
Document Number: E9-20301
Type: Notice
Date: 2009-08-24
Agency: Department of Energy
Louis Dreyfus Energy Services L.P. (LDES) has applied for authority to transmit electric energy from the United States to Canada pursuant to section 202(e) of the Federal Power Act.
Big Stone II Power Plant and Transmission Project Final Environmental Impact Statement (DOE/EIS-0377)
Document Number: E9-20300
Type: Notice
Date: 2009-08-24
Agency: Department of Energy, Western Area Power Administration
The Western Area Power Administration (Western) received an application to interconnect the Big Stone II Power Plant and Transmission Project (Project) into Western's transmission system. The Project entails the construction of a new 600-megawatt (MW) coal-fired electric power generating station adjacent to the existing Big Stone plant in Grant County, South Dakota. The Project also includes approximately 140 miles of new or upgraded transmission lines. On June 26, 2009, Western published a notice of the availability of the Final Environmental Impact Statement (EIS) on the Project (74 FR 30559). Western considered the environmental impacts of the Project and has decided to allow the request to interconnect at Western's Morris and Granite Falls substations located in Minnesota.
National Register of Historic Places; Notification of Pending Nominations and Related Actions
Document Number: E9-20298
Type: Notice
Date: 2009-08-24
Agency: Department of the Interior, National Park Service
National Register of Historic Places; Weekly Listing of Historic Properties
Document Number: E9-20297
Type: Notice
Date: 2009-08-24
Agency: Department of the Interior, National Park Service
Notice of Availability of Biotechnology Quality Management System Pilot Project Draft Audit Standard
Document Number: E9-20294
Type: Notice
Date: 2009-08-24
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are reopening the comment period on the draft audit standard developed by the Animal and Plant Health Inspection Service for its Biotechnology Quality Management System pilot project. This action will allow interested persons additional time to prepare and submit comments. The Biotechnology Quality Management System is a voluntary compliance assistance program designed to help stakeholders develop sound management practices, thus enhancing compliance with the regulatory requirements for environmental releases and movements of regulated articles in accordance with 7 CFR part 340.
Toxics Release Inventory Articles Exemption Clarification Proposed Rule
Document Number: E9-20293
Type: Proposed Rule
Date: 2009-08-24
Agency: Environmental Protection Agency
EPA proposes to take two actions relating to the articles exemption under the Toxics Release Inventory (TRI) program. First, EPA proposes to formally remove a paragraph of guidance dealing with releases due to natural weathering of products that appeared in the Reporting Forms and Instructions (RF&I) from 1988 to 2001. This guidance was absent from the Reporting Forms and Instructions after 2001, but formal notice of its removal was never issued. EPA here provides notice that this language has been removed and may not be relied on by reporting facilities. Second, EPA is proposing an interpretation of how the articles exemption applies to the Wood Treating Industry, specifically to treated wood that has completed the treatment process. We are requesting comment on both of these actions.
Regulation of Fuels and Fuel Additives: Federal Volatility Control Program in the Denver-Boulder-Greeley-Ft. Collins-Loveland, CO, 1997 8-Hour Ozone Nonattainment Area
Document Number: E9-20290
Type: Proposed Rule
Date: 2009-08-24
Agency: Environmental Protection Agency
This action proposes to establish an applicable standard of 7.8 pounds per square inch (psi) Reid vapor pressure (RVP) under the federal volatility control program in the Denver-Boulder-Greeley-Ft. Collins-Loveland, Colorado, 1997 8-hour ozone nonattainment area during the high ozone seasonJune 1st to September 15th of each year beginning in 2010. This action would require the use of 7.8 psi RVP gasoline in Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas and Jefferson counties, and in portions of Larimer, and Weld counties.
Submission for OMB Review; Comment Request
Document Number: E9-20287
Type: Notice
Date: 2009-08-24
Agency: Department of the Treasury, Department of Treasury
Privacy Act of 1974, as Amended; New System of Records
Document Number: E9-20286
Type: Notice
Date: 2009-08-24
Agency: Social Security Administration, Agencies and Commissions
We are issuing public notice of our intent to establish a new system of records and routine uses applicable to this system of records in accordance with the Privacy Act (5 U.S.C. 552a(e)(4) and (e)(11)). The proposed system of records is entitled the Race and Ethnicity Collection System (60-0104), hereinafter referred to as the RECS system of records. We discuss the system of records in the Supplementary Information section below. We invite public comments on this proposal. We published this proposed system of records on August 19, 2009 (document 2009-19935), with an effective date of October 9, 2009, unless we receive comments before that date that would result in a contrary determination. This current notice corrects the effective date of the proposed RECS system of records and routine uses, per below.
Proposed Finding Against Acknowledgment of the Brothertown Indian Nation
Document Number: E9-20285
Type: Notice
Date: 2009-08-24
Agency: Department of the Interior, Bureau of Indian Affairs, Indian Affairs Bureau
The Department of the Interior (Department) gives notice that the Acting Principal Deputy Assistant SecretaryIndian Affairs (PDAS- IA) proposes to determine that the petitioner known as the Brothertown Indian Nation is not an Indian tribe within the meaning of Federal law. This notice is based on a determination that the petitioner does not satisfy all seven of the criteria set forth in the applicable regulations, and, therefore, does not meet the requirements for a government- to-government relationship with the United States.
Proposed Information Collection; Comment Request; Procedures for Considering Requests and Comments From the Public for Textile and Apparel Safeguard Actions on Imports From Oman
Document Number: E9-20283
Type: Notice
Date: 2009-08-24
Agency: Department of Commerce, International Trade Administration
The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Airworthiness Directives; General Electric Company (GE) CF34-8E Series Turbofan Engines
Document Number: E9-20281
Type: Proposed Rule
Date: 2009-08-24
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to supersede an existing airworthiness directive (AD) for GE CF34-8E series turbofan engines with certain part number (P/N) full authority digital electronic controls (FADECs) installed. That AD currently requires removing certain P/N FADECs. This proposed superseding AD would require removal of 12 more P/Ns of FADECs. This proposed AD results from 20 additional reports received of loss of thrust control events since AD 2008-16-01 was issued. We are proposing this AD to prevent loss of thrust control of the airplane.
Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972
Document Number: E9-20280
Type: Rule
Date: 2009-08-24
Agency: Department of Defense, Department of the Navy, Navy Department
The Department of the Navy is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (Admiralty and Maritime Law) has determined that USS PROVIDENCE (SSN 719) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.
3rd Meeting: RTCA Special Committee 219/Attitude and Heading Reference System (AHRS)
Document Number: E9-20276
Type: Notice
Date: 2009-08-24
Agency: Federal Aviation Administration, Department of Transportation
The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 219: Attitude and Heading Reference System (AHRS).
10th Meeting: RTCA Special Committee 216/Aeronautical Systems Security (Joint Meeting With EUROCAE WG-72)
Document Number: E9-20275
Type: Notice
Date: 2009-08-24
Agency: Federal Aviation Administration, Department of Transportation
The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 216: Aeronautical Systems Security (Joint meeting with EUROCAE WG-72).
Submission for OMB Review: Comment Request
Document Number: E9-20272
Type: Notice
Date: 2009-08-24
Agency: Office of the Secretary, Department of Labor
Regulations and Procedures Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: E9-20270
Type: Notice
Date: 2009-08-24
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
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