August 24, 2009 – Federal Register Recent Federal Regulation Documents

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
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.
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
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.
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.
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.
Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/ALL-018 Grievances, Appeals and Disciplinary Action Records System of Records
Document Number: E9-20264
Type: Rule
Date: 2009-08-24
Agency: Office of the Secretary, Department of Homeland Security
The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a Department-wide system of records entitled the ``Department of Homeland Security/ALL018 Grievances, Appeals and Disciplinary Action Records System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the Department of Homeland Security/ ALL018 Grievances, Appeals and Disciplinary Action Records system from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Federal Motor Vehicle Safety Standard No. 108; Lamps, Reflective Devices and Associated Equipment
Document Number: E9-20258
Type: Proposed Rule
Date: 2009-08-24
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document responds to a petition for rulemaking regarding the Federal motor vehicle safety standard for lighting. The Groupe de Travail ``Bruxelles 1952'' (GTB) and the Society of Automotive Engineers (SAE) Lighting Committee requested that new specifications be added for optional lower beam and upper beam headlamp patterns on the basis they would increase harmonization with European requirements. After completing a technical review of the petition, NHTSA is denying this petition. The agency notes the petitioners did not provide data to demonstrate that the requested new optional specifications would provide safety benefits comparable to those of the existing standard or that cost savings would be realized without compromising safety. Additionally, NHTSA is pursuing a more comprehensive review of the lighting standard and is currently studying the feasibility of many
Safety Zone; BW PIONEER at Walker Ridge 249, Outer Continental Shelf FPSO, Gulf of Mexico
Document Number: E9-20246
Type: Proposed Rule
Date: 2009-08-24
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes a safety zone around the BW PIONEER, a Floating Production, Storage and Offloading (FPSO) system, at Walker Ridge 249 on the Outer Continental Shelf. The purpose of the safety zone is to protect the FPSO from vessels operating outside the normal shipping channels and fairways. Placing a safety zone around the FPSO will significantly reduce the threat of allisions, oil spills, and releases of natural gas, and thereby protect the safety of life, property, and the environment.
Safety Zone; Private Fireworks Show, Chesapeake Bay, Virginia Beach, VA
Document Number: E9-20245
Type: Proposed Rule
Date: 2009-08-24
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes establishing a safety zone on Chesapeake Bay in the vicinity of the Virginia Beach Resort and Conference Center in Virginia Beach, VA in support of a private fireworks show. This action is intended to restrict access to the specified portion of Chesapeake Bay to protect the public from the hazards associated with fireworks displays.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Tilefish; Amendment 1
Document Number: E9-20207
Type: Rule
Date: 2009-08-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is implementing approved measures contained in Amendment 1 to the Tilefish Fishery Management Plan (FMP), developed by the Mid- Atlantic Fishery Management Council (Council). The approved measures
Breach Notification for Unsecured Protected Health Information
Document Number: E9-20169
Type: Rule
Date: 2009-08-24
Agency: Office of the Secretary, Department of Health and Human Services
The Department of Health and Human Services (HHS) is issuing this interim final rule with a request for comments to require notification of breaches of unsecured protected health information. Section 13402 of the Health Information Technology for Economic and Clinical Health (HITECH) Act, part of the American Recovery and Reinvestment Act of 2009 (ARRA) that was enacted on February 17, 2009, requires HHS to issue interim final regulations within 180 days to require covered entities under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and their business associates to provide notification in the case of breaches of unsecured protected health information. For purposes of determining what information is ``unsecured protected health information,'' in this document HHS is also issuing an update to its guidance specifying the technologies and methodologies that render protected health information unusable, unreadable, or indecipherable to unauthorized individuals.
Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/ALL-020 Internal Affairs Records System of Records
Document Number: E9-20159
Type: Rule
Date: 2009-08-24
Agency: Office of the Secretary, Department of Homeland Security
The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a Department-wide system of records entitled the ``Department of Homeland Security/ALL020 Internal Affairs Records System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the Department of Homeland Security/ALL020 Internal Affairs Records system from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/ALL-024 Facility and Perimeter Access Control and Visitor Management System of Records
Document Number: E9-20155
Type: Rule
Date: 2009-08-24
Agency: Office of the Secretary, Department of Homeland Security
The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a Department-wide system of records entitled the ``Department of Homeland Security/ALL024 Facility and Perimeter Access Control and Visitor Management System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the Department of Homeland Security/ ALL024 Facility and Perimeter Access Control and Visitor Management system from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/ALL-013 Claims Records System of Records
Document Number: E9-20154
Type: Rule
Date: 2009-08-24
Agency: Office of the Secretary, Department of Homeland Security
The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a Department-wide system of records entitled the ``Department of Homeland Security/ALL013 Claims Records System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the Department of Homeland Security/ALL013 Claims Records system from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/ALL-006 Accident Records System of Records
Document Number: E9-20151
Type: Rule
Date: 2009-08-24
Agency: Office of the Secretary, Department of Homeland Security
The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a Department-wide system of records entitled the ``Department of Homeland Security/ALL006 Accident Records System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the Department of Homeland Security/ALL006 Accident Records system from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
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