August 2009 – Federal Register Recent Federal Regulation Documents

Results 251 - 300 of 487
List of Nonconforming Vehicles Decided To Be Eligible for Importation
Document Number: E9-19497
Type: Rule
Date: 2009-08-14
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document revises the list of vehicles not originally manufactured to conform to the Federal motor vehicle safety standards (FMVSS) that NHTSA has decided to be eligible for importation. This list is published in an appendix to the agency's regulations that prescribe procedures for import eligibility decisions. The list has been revised to add all vehicles that NHTSA has decided to be eligible for importation since October 1, 2008, and to remove all previously listed vehicles that are now more than 25 years old and need no longer comply with all applicable FMVSS to be lawfully imported. NHTSA is required by statute to publish this list annually in the Federal Register.
General Services Administration Acquisition Regulation; GSAR Case 2006-G501, Mentor-Protégé Program
Document Number: E9-19482
Type: Rule
Date: 2009-08-14
Agency: General Services Administration, Agencies and Commissions
The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to amend its acquisition regulations to formally encourage GSA prime contractors to assist small business, including veteran-owned small business, service-disabled veteran-owned small business, HUBZone, small disadvantaged business, and women-owned small business, in enhancing their capabilities to perform contracts and subcontracts for GSA and other Federal agencies. The program seeks to increase the base of small business eligible to perform GSA contracts and subcontracts. The program also seeks to foster long-term business relationships between GSA prime contractors and small business entities and to increase the overall number of small business entities that receive GSA contracts, and subcontract awards.
Federal Management Regulation; FMR Case 2009-102-2; Disposition of Excess Personal Property
Document Number: E9-19481
Type: Rule
Date: 2009-08-14
Agency: General Services Administration, Agencies and Commissions
The General Services Administration is amending the Federal Management Regulation (FMR) by making a change to its personal property policy. This final rule updates and clarifies language that has caused some confusion with our customers and resulted in unnecessarily prolonged periods to remove property.
Delegations of Authority
Document Number: E9-19480
Type: Rule
Date: 2009-08-14
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document amends NHTSA's delegations of authority. The amendment effectuates an adjustment that will enable NHTSA to achieve its mission more effectively and efficiently.
Service of Interlocutory Appeals
Document Number: E9-19471
Type: Rule
Date: 2009-08-14
Agency: Department of Energy, Federal Energy Regulatory Commission
The Commission is amending regulations which specify on whom persons appealing a presiding officer's denial of a motion to permit an interlocutory appeal must serve copies of the appeal. The amendment requires that any person filing an appeal must separately serve a copy on not only the Motions Commissioner but also on the General Counsel.
Procedures Governing Administrative Review of a United States Trustee's Decision To Deny a Chapter 12 or Chapter 13 Standing Trustee's Claim of Actual, Necessary Expenses
Document Number: E9-19456
Type: Proposed Rule
Date: 2009-08-14
Agency: Department of Justice
This notice of proposed rulemaking (``rule'') sets forth the procedures for a chapter 12 or chapter 13 standing trustee (``trustee'') to obtain administrative review of a United States Trustee's decision to deny a trustee's claim that certain expenses are actual and necessary for the administration of bankruptcy cases. Section 1231(b) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (``BAPCPA''), codified at 28 U.S.C. 586(e), requires that: Trustees exhaust all administrative remedies pertaining to a denial of a claim of actual, necessary expenses before seeking judicial review; and the Attorney General prescribe procedures for administrative review of such denials. This rule ensures that the process for administratively reviewing a United States Trustee's denial of a trustee's request for expenses is fair and effective.
Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits
Document Number: E9-19437
Type: Rule
Date: 2009-08-14
Agency: Pension Benefit Guaranty Corporation, Agencies and Commissions
Pension Benefit Guaranty Corporation's regulation on Benefits Payable in Terminated Single-Employer Plans prescribes interest assumptions for valuing and paying certain benefits under terminating single-employer plans. This final rule amends the benefit payments regulation to adopt interest assumptions for plans with valuation dates in September 2009. Interest assumptions are also published on PBGC's Web site (https://www.pbgc.gov).
International Mail Products and Special Services
Document Number: E9-19366
Type: Rule
Date: 2009-08-14
Agency: Postal Regulatory Commission, Agencies and Commissions
The Commission is adding Direct Entry Parcels Contracts and two related special services to the Competitive Product List. The two special services are categorized within International Ancillary Services. 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 requirements in the new law.
Proposed Amendments to the Water Quality Regulations, Water Code and Comprehensive Plan To Revise the Human Health Water Quality Criteria for PCBs in the Delaware Estuary, To Apply the PCB Human Health Water Quality Criterion to Delaware Bay, and To Provide for the Use of Compliance Schedules To Implement Stream Quality Objectives Established by the Commission; Proposed Rulemaking and Public Hearing
Document Number: E9-19028
Type: Proposed Rule
Date: 2009-08-14
Agency: Delaware River Basin Commission, Agencies and Commissions
The Delaware River Basin Commission (DRBC or ``Commission'') will hold a public hearing to receive comments on proposed amendments to the Commission's Water Quality Regulations, Water Code and Comprehensive Plan to revise the human health water quality criteria for polychlorinated biphenyls (PCBs) in the Delaware Estuary (DRBC Water Quality Management Zones 2 through 5), extend application of the DRBC's PCB human health water quality criterion to Delaware Bay (DRBC Water Quality Zone 6) and provide for the use of compliance schedules where implementation of a stream quality objective established by the Commission requires a reduction of the pollutant concentration or loading of a discharge to Basin waters.
Truth in Lending
Document Number: E9-18548
Type: Rule
Date: 2009-08-14
Agency: Federal Reserve System, Agencies and Commissions
The Board is publishing final rules amending Regulation Z, which implements the Truth in Lending Act (TILA) following the passage of the Higher Education Opportunity Act (HEOA). Title X of the HEOA amends TILA by adding disclosure and timing requirements that apply to creditors making private education loans, which are defined as loans made for postsecondary educational expenses. The HEOA also amends TILA by adding limitations on certain practices by creditors, including limitations on ``co-branding'' their products with educational institutions in the marketing of private education loans. The HEOA requires that creditors obtain a self-certification form signed by the consumer before consummating the loan. It also requires creditors with preferred lender arrangements with educational institutions to provide certain information to those institutions.
Medicare Program; Home Health Prospective Payment System Rate Update for Calendar Year 2010
Document Number: R9-18587
Type: Proposed Rule
Date: 2009-08-13
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This proposed rule sets forth an update to the Home Health Prospective Payment System (HH PPS) rates; the national standardized 60-day episode rates, the national per-visit rates, the non-routine medical supply (NRS) conversion factor, and the low utilization payment amount (LUPA) add-on payment amount, under the Medicare prospective payment system for home health agencies effective January 1, 2010. In addition, this rule proposes a change to the HH PPS outlier policy and proposes to require the submission of OASIS data as a condition for payment under the HH PPS. Also, this rule proposes payment safeguards that would improve our enrollment process, improve the quality of care that Medicare beneficiaries receive from HHAs, and reduce the Medicare program's vulnerability to fraud. This rule also proposes clarifying language to the ``skilled services'' section and Condition of Participation (CoP) section of our regulations. This proposed rule also clarifies the coverage of routine medical supplies under the HH PPS. We are also soliciting comments on: Physician/patient interaction associated with the home health plan of care (POC); a Consumer Assessment of Healthcare Providers and Systems (CAHPS) Home Health Care Survey; the Outcome and Assessment Information Set (OASIS), Version C, effective January 1, 2010; proposed pay for reporting measures for use in CY 2011; and a number of minor payment-related issues. We are also responding to comments received as a result of our solicitation in the CY 2008 HH PPS final rule with comment period.
Airworthiness Directives; American Champion Aircraft Corp. Models 7ECA, 7GCAA, 7GCBC, 7KCAB, 8KCAB, and 8GCBC Airplanes
Document Number: E9-19448
Type: Proposed Rule
Date: 2009-08-13
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for all American Champion Aircraft Corp. Models 7ECA, 7GCAA, 7GCBC, 7KCAB, 8KCAB, and 8GCBC airplanes, manufactured prior to 1989 and equipped with folding rear seat backs. This proposed AD would require inspection of the rear seat back hinge areas for cracking and excessive elongation of the rear seat hinge bolt hole and, if cracking or excessive elongation is found, replacement of the rear seat frame. This proposed AD results from an occurrence of the rear seat hinge area failing in flight. We are proposing this AD to detect and correct cracking of the rear seat back hinge area and excessive elongation of the rear seat hinge bolt hole, either of which could result in failure of the seat back. This failure could lead to a rear-seated pilot or passenger inadvertently interfering with the control stick while attempting to not roll to the rear of the airplane upon seat back failure. Consequently, this failure could result in loss of control.
Audit Requirements for Third Party Conformity Assessment Bodies
Document Number: E9-19443
Type: Proposed Rule
Date: 2009-08-13
Agency: Consumer Product Safety Commission, Agencies and Commissions
The Consumer Product Safety Commission (``CPSC'' or ``Commission'') is proposing to issue regulations establishing requirements for the periodic audit of third party conformity assessment bodies as a condition for their continuing accreditation. The proposed rule would implement section 14(d) of the Consumer Product Safety Act (``CPSA''), as amended by section 102(b) of the Consumer Product Safety Improvement Act of 2008 (``CPSIA'').
Drawbridge Operation Regulations; East River, New York City, NY
Document Number: E9-19435
Type: Proposed Rule
Date: 2009-08-13
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to temporarily change the drawbridge operating regulations governing the operation of the Roosevelt Island Bridge, mile 6.4, across the East River at New York City, New York. This proposed rule would allow the Roosevelt Island Bridge to remain in the closed position for eleven months to facilitate a major rehabilitation of the bridge.
Safety Zone; Hood Canal Bridge Cable Laying Operation, Hood Canal, WA
Document Number: E9-19434
Type: Rule
Date: 2009-08-13
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone in the vicinity of the Hood Canal Bridge due to the ongoing Hood Canal Bridge Construction Project. The safety zone is necessary to help protect construction personnel and the maritime public from the numerous dangers associated with the Hood Canal Bridge Construction Project. All persons and vessel are prohibited from entering the zone unless authorized by the Captain of the Port, Puget Sound or her Designated Representative.
Migratory Bird Hunting; Proposed Frameworks for Late-Season Migratory Bird Hunting Regulations
Document Number: E9-19432
Type: Proposed Rule
Date: 2009-08-13
Agency: Fish and Wildlife Service, Department of the Interior
The Fish and Wildlife Service (hereinafter Service or we) is proposing to establish the 2009-10 late-season hunting regulations for certain migratory game birds. We annually prescribe frameworks, or outer limits, for dates and times when hunting may occur and the number of birds that may be taken and possessed in late seasons. These frameworks are necessary to allow State selections of seasons and limits and to allow recreational harvest at levels compatible with population and habitat conditions.
Special Local Regulation for Marine Events; Mattaponi River, Wakema, VA
Document Number: E9-19431
Type: Rule
Date: 2009-08-13
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing special local regulations during the Mattaponi Madness Drag Boat Races, a series of power boat races to be held on the waters of the Mattaponi River, near Wakema, Virginia. These special local regulations are necessary to provide for the safety of life on navigable waters during the events. This action is intended to restrict vessel traffic during the power boat races in a segment of the Mattaponi River that flows along the border of King William County and King and Queen County near Wakema, Virginia.
Performance-Based Emergency Core Cooling System Acceptance Criteria
Document Number: E9-19423
Type: Proposed Rule
Date: 2009-08-13
Agency: Nuclear Regulatory Commission, Agencies and Commissions
This advance notice of proposed rulemaking (ANPR) presents a conceptual approach that the Nuclear Regulatory Commission (NRC) is considering in a rulemaking effort to revise the acceptance criteria for emergency core cooling systems (ECCSs) for light-water nuclear power reactors as currently required by NRC regulations that govern domestic licensing of production and utilization facilities. Revised ECCS acceptance criteria would reflect recent research findings that indicate the current criteria should be re-evaluated for all fuel cladding materials in all potential conditions. Further, the NRC is considering an approach that would expand the applicability of the rule to all current and future cladding materials, modify the reporting
Airworthiness Directives; Bombardier Model DHC-8-100 and DHC-8-200 Series Airplanes, and Model DHC-8-301, -311, and -315 Airplanes
Document Number: E9-19420
Type: Proposed Rule
Date: 2009-08-13
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier Model DHC-8-100 and DHC-8-200 series airplanes, and DHC-8-301, -311, and -315 airplanes. This proposed AD would require implementing a corrosion prevention and control program (CPCP) either by accomplishing specific tasks or by revising the maintenance inspection program to include a CPCP. This proposed AD results from the determination that, as airplanes age, they are more likely to exhibit indications of corrosion. We are proposing this AD to prevent structural failure of the airplane due to corrosion.
Airworthiness Directives; Airbus Model A318 Series Airplanes
Document Number: E9-19419
Type: Proposed Rule
Date: 2009-08-13
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results 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:
New Animal Drugs for Use in Animal Feeds; Oxytetracycline; Neomycin
Document Number: E9-19414
Type: Rule
Date: 2009-08-13
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 a supplemental new animal drug application (NADA) filed by Pennfield Oil Co. The supplemental NADA provides for the use of fixed-combination Type A medicated articles containing oxytetracycline and neomycin sulfate to formulate two-way, fixed-combination drug Type B and Type C medicated feeds for chickens, turkeys, swine, cattle, and sheep. This approval reflects FDA's effectiveness conclusions which relied on the National Academy of Sciences/National Research Council (NAS/NRC) Drug Efficacy Study Group's evaluation of the effectiveness of these drugs when used in animal feed as single ingredients.
Federal Motor Vehicle Safety Standards; Controls, Telltales and Indicators
Document Number: E9-19396
Type: Rule
Date: 2009-08-13
Agency: National Highway Traffic Safety Administration, Department of Transportation
In an August 2005 final rule, we updated our standard regulating motor vehicle controls, telltales and indicators. The standard specifies requirements for the location, identification, and illumination of these items. In May 2006, we published a response to four petitions for reconsideration, including one asking us to reconsider a requirement for color contrast between identifiers and their backgrounds. We denied this petition for reconsideration.
Sale and Disposal of National Forest System Timber; Downpayment and Periodic Payments
Document Number: E9-19372
Type: Rule
Date: 2009-08-13
Agency: Department of Agriculture, Forest Service
This final rule revises the Forest Service's downpayment and periodic payment regulations to reflect changes in contracting procedures and authorities since these regulations were adopted in 1991. The changes remove obsolete references and procedures; make downpayments and periodic payments optional for stewardship contracts; allow downpayment and periodic payment amounts to be recalculated when contracts receive rate redeterminations; revise procedures for releasing downpayments; and allow downpayments to be temporarily reduced for certain delays, interruptions, or extensions. This final rule protects the Government's financial security, reduces speculative bidding, and encourages purchasers to harvest timber in a timely manner. In addition, the rule provides financial relief to timber purchasers when forest product prices drastically decline or purchasers receive additional contract time and are not expected to operate.
Montana Regulatory Program
Document Number: E9-19365
Type: Proposed Rule
Date: 2009-08-13
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement, Surface Mining Reclamation and Enforcement Office
We are announcing the receipt of revisions pertaining to a previously proposed amendment to the Montana regulatory program (hereinafter, the ``Montana program'') under the Surface Mining Control and Reclamation Act of 1977 (``SMCRA'' or ``the Act''). Montana proposes additions of rules and revisions to the Administrative Rules of Montana (ARM) concerning Normal Husbandry Practices. Montana intends to revise its program to improve operational efficiency.
Television Broadcasting Services; Flagstaff, AZ
Document Number: E9-19330
Type: Proposed Rule
Date: 2009-08-13
Agency: Federal Communications Commission, Agencies and Commissions
The Commission has before it a petition for rulemaking filed by Multimedia Holdings Corporation (``MHC''), the permittee of station KNAZ-TV, channel 2, Flagstaff, Arizona. MHC is currently operating on its allotted pre-transition DTV channel 22 pursuant to Special Temporary Authority (``STA''). MHC requests the substitution of channel 22 for channel 2 at Flagstaff.
Approval and Promulgation of Air Quality Implementation Plans; Ohio; Consumer Products Rule
Document Number: E9-19306
Type: Proposed Rule
Date: 2009-08-13
Agency: Environmental Protection Agency
EPA is proposing to approve a request submitted by the Ohio Environmental Protection Agency (Ohio EPA) on October 5, 2007, to revise the Ohio State Implementation Plan (SIP) under the Clean Air Act. The State has submitted new volatile organic compounds (VOCs) control rules for approval under Chapter 3745-112 of the Ohio Administrative Code (OAC). The rules include OAC 3745-112-01 to OAC 3745-112-08 and are intended to assist the State in achieving and/or maintaining the national 8-hour ground level ozone standard through the regulation of VOCs in consumer products.
Approval and Promulgation of Air Quality Implementation Plans; Ohio; Consumer Products Rule
Document Number: E9-19305
Type: Rule
Date: 2009-08-13
Agency: Environmental Protection Agency
EPA is approving a request submitted by the Ohio Environmental Protection Agency (Ohio EPA) on October 5, 2007, to revise the Ohio State Implementation Plan (SIP) under the Clean Air Act. The State has submitted new volatile organic compounds (VOCs) control rules for approval under Chapter 3745-112 of the Ohio Administrative Code (OAC). The rules include OAC 3745-112-01 to OAC 3745-112-08 and are intended to assist the State in achieving and/or maintaining the national 8-hour ground level ozone standard through the regulation of VOCs in consumer products. Ohio followed, with some modifications, the Ozone Transport Commission's ``Model Rule for Consumer Products,'' (Model Rule) in developing the State's submittal.
Geological and Geophysical (G&G) Explorations of the Outer Continental Shelf-Changing Proprietary Term of Certain Geophysical Information
Document Number: E9-19198
Type: Rule
Date: 2009-08-13
Agency: Department of the Interior, Minerals Management Service
This final rule extends the proprietary term of certain reprocessed geophysical information submitted to MMS under a permit. The rule gives up to 5 years of additional protection to reprocessed vintage geophysical information that MMS retains and, without an extension, is subject to release by MMS 25 years after issuing the permit. The extension provides incentives to permittees and third parties to reprocess, market, or in other ways use geophysical information that may not otherwise be reprocessed without the term extension. The extension does not apply to geological data or information.
Spinetoram; Pesticide Tolerances
Document Number: E9-19195
Type: Rule
Date: 2009-08-13
Agency: Environmental Protection Agency
This regulation amends the tolerances for the combined residues of spinetoram in or on almond, hulls; nut, tree, group 14; and pistachio and establishes tolerances for date; pomegranate; pineapple; pineapple, processed residue; spice, subgroup 19B, except black pepper; and hop, dried cones. The Interregional Research Project Number 4 (IR- 4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Expanded Access to Investigational Drugs for Treatment Use
Document Number: E9-19005
Type: Rule
Date: 2009-08-13
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending its regulations on access to investigational new drugs for the treatment of patients. The final rule clarifies existing regulations and adds new types of expanded access for treatment use. Under the final rule, expanded access to investigational drugs for treatment use is available to individual patients, including in emergencies; intermediate-size patient populations; and larger populations under a treatment protocol or treatment investigational new drug application (IND). The final rule is intended to improve access to investigational drugs for patients with serious or immediately life-threatening diseases or conditions who lack other therapeutic options and who may benefit from such therapies. Elsewhere in this issue of the Federal Register, FDA is publishing the final rule on Charging for Investigational Drugs Under an Investigational New Drug Application which clarifies the circumstances in which charging for an investigational drug in a clinical trial is appropriate, sets forth criteria for charging for an investigational drug for the different types of expanded access for treatment use described in this final rule, and clarifies what costs can be recovered for an investigational drug.
Charging for Investigational Drugs Under an Investigational New Drug Application
Document Number: E9-19004
Type: Rule
Date: 2009-08-13
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending its investigational new drug application (IND) regulation concerning charging patients for investigational new drugs. This final rule revises the charging regulation to clarify the circumstances in which charging for an investigational drug in a clinical trial is appropriate, to set forth criteria for charging for an investigational drug for the different types of expanded access for treatment use described in the agency's final rule on expanded access for treatment use of investigational drugs published elsewhere in this issue of the Federal Register, and to clarify what costs can be recovered for an investigational drug. This final rule will permit charging for a broader range of uses than was explicitly permitted previously.
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Revised Motor Vehicle Emission Budgets for the York-Adams Counties 8-Hour Ozone Maintenance Area
Document Number: E9-18865
Type: Proposed Rule
Date: 2009-08-13
Agency: Environmental Protection Agency
EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania for the purpose of amending the 8-hour ozone maintenance plan for the York-Adams 8-Hour Ozone Maintenance Area. This revision amends the maintenance plan's 2009 and 2018 motor vehicle emissions budgets (MVEBs) by unequally dividing the overall MVEBs into two sub-regional MVEBs for each county comprising the area. In the Final Rules section of this Federal Register, EPA is approving the Commonwealth's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal 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 will be withdrawn and all public comments
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Revised Motor Vehicle Emission Budgets for the York-Adams Counties 8-Hour Ozone Maintenance Area
Document Number: E9-18864
Type: Rule
Date: 2009-08-13
Agency: Environmental Protection Agency
EPA is taking direct final action to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. The revision amends the 8-hour ozone maintenance plan for the York-Adams Counties 8-Hour Ozone Maintenance Area (the Area). This revision amends the maintenance plan's 2009 and 2018 motor vehicle emissions budgets (MVEBs) by unequally dividing the existing approved MVEBs which covers the entire maintenance area into two sub-regional MVEBs, one set of MVEBs for each county comprising the area. The revised plan continues to demonstrate maintenance of the 8-hour national ambient air quality standard (NAAQS) for ozone. EPA is approving this SIP revision to the Pennsylvania maintenance plan for York-Adams in accordance with the requirements of the Clean Air Act (CAA).
Account Class
Document Number: E9-18853
Type: Proposed Rule
Date: 2009-08-13
Agency: Commodity Futures Trading Commission, Agencies and Commissions
The Commodity Futures Trading Commission (the ``Commission'') proposes amending its regulations (the ``Regulations'') to create a sixth and separate ``account class,'' applicable only to the bankruptcy of a commodity broker that is a futures commission merchant (``FCM''), for positions in cleared over-the-counter (``OTC'') derivatives (and money, securities, and/or other property margining, guaranteeing, and securing such positions). In general, the concept of ``account class'' governs the manner in which the trustee calculates the net equity (i.e., claims against the estate) and the allowed net equity (i.e., pro rata share of the estate) for each customer of a commodity broker in bankruptcy. The Commission further proposes amending the Regulations to codify the appropriate allocation, in a bankruptcy of any commodity broker, of positions in commodity contracts of one account class (and the money, securities, and/or other property margining, guaranteeing, or securing such positions) that are commingled with positions in commodity contracts of the futures account class (and the money, securities, and/or other property margining, guaranteeing, or securing such positions), pursuant to an order issued by the Commission.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: E9-18661
Type: Rule
Date: 2009-08-13
Agency: Federal Aviation Administration, Department of Transportation
This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: E9-18660
Type: Rule
Date: 2009-08-13
Agency: Federal Aviation Administration, Department of Transportation
This establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Montana Regulatory Program
Document Number: E9-19362
Type: Proposed Rule
Date: 2009-08-12
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement, Surface Mining Reclamation and Enforcement Office
We are announcing receipt of a proposed amendment to the Montana regulatory program (hereinafter, the ``Montana program'') under the Surface Mining Control and Reclamation Act of 1977 (``SMCRA'' or ``the Act''). Montana proposes revisions to the statute, the Montana Code Annotated (MCA), about determination of revegetation success and final bond release. Montana intends to revise its program to improve operational efficiency.
Administrative Wage Garnishment
Document Number: E9-19344
Type: Rule
Date: 2009-08-12
Agency: Office of the Secretary of Transportation, Department of Transportation
This final rule will implement the authority established under the Debt Collection Improvement Act of 1996 (DCIA) for DOT to collect the Department's past due indebtedness through administrative wage garnishment. The final rule will adopt, without change, the hearing procedures issued by the Department of the Treasury implementing administrative wage garnishment under the DCIA. This final rule would apply only to individuals who are not Federal employees. The final rule also will amend regulations on procedures for the collection of claims to conform DOT regulations to applicable provisions of the DCIA.
Express Mail Contract
Document Number: E9-19342
Type: Rule
Date: 2009-08-12
Agency: Postal Regulatory Commission, Agencies and Commissions
The Commission is adding Express Mail Contract 4 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 under the law.
Noncompetitive Appointment of Certain Military Spouses
Document Number: E9-19340
Type: Rule
Date: 2009-08-12
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
The U.S. Office of Personnel Management (OPM) is issuing final regulations which establish a noncompetitive hiring authority for certain military spouses to positions in the competitive service. These regulations implement Executive Order 13473 dated September 25, 2008, which authorizes noncompetitive appointments in the civil service for spouses of certain members of the armed forces. The intended effect of this rule is to facilitate the entry of military spouses into the Federal civil service as part of an effort to recruit and retain skilled and experienced members of the armed forces and to recognize and honor the service of members injured, disabled, or killed in connection with their service.
Vocational Rehabilitation Service Projects for American Indians With Disabilities
Document Number: E9-19335
Type: Rule
Date: 2009-08-12
Agency: Department of Education
The Secretary amends the regulations for the American Indian Vocational Rehabilitation Services (AIVRS) program to permit a consortium of Indian Tribes to establish a separate legal entity to apply for a grant under this program. This change is needed to provide the flexibility required by the Department to make grants to Indian Tribes that choose to form a consortium and, rather than authorizing one of the Indian Tribes of the consortium to serve as the grantee, create a separate legal entity that serves as the grantee on behalf of the consortium and that is responsible for using the grant funds to provide services to all the Indian Tribes in the consortium.
Taking and Importing Marine Mammals; Navy Training Activities Conducted within the Northwest Training Range Complex
Document Number: E9-19334
Type: Proposed Rule
Date: 2009-08-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
On July 13, 2009, the NMFS published its proposed regulations to govern the take marine mammals incidental to training activities conducted within the U.S. Navy's Northwest Training Range Complex (NWTRC) for the period of February 2010 through February 2015. The Federal Register notice indicated written comments were due by August 12, 2009, allowing 30 days for public input. In response to a request from a public interest organization, NMFS is extending the public comment period by 7 days, to August 19, 2009.
Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel Lottery in Areas 542 and 543
Document Number: E9-19331
Type: Rule
Date: 2009-08-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is notifying the owners and operators of registered vessels of their assignments for the 2009 B season Atka mackerel fishery in harvest limit area (HLA) 542 and/or 543 of the Aleutian Islands subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the harvest of the 2009 B season HLA limits established for area 542 and area 543 pursuant to the final 2009 and 2010 harvest specifications for groundfish in the BSAI.
Outer Continental Shelf Air Regulations Consistency Update for Delaware
Document Number: E9-19324
Type: Rule
Date: 2009-08-12
Agency: Environmental Protection Agency
EPA is approving the updates of the Outer Continental Shelf (OCS) Air Regulations for Delaware. Requirements applying to OCS sources located within 25 miles of a State's seaward boundary must be updated periodically to maintain continuity and ensure consistency with the regulations of the corresponding onshore area (COA), as mandated by section 328(a)(1) of the Clean Air Act (CAA). The intended effect of approving the OCS regulations for Delaware is to regulate air emissions from OCS sources in accordance with the requirements of the COA.
Colorado: Final Authorization of State Hazardous Waste Management Program Revisions
Document Number: E9-19317
Type: Proposed Rule
Date: 2009-08-12
Agency: Environmental Protection Agency
The state of Colorado has applied to EPA for final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant final authorization to the hazardous waste program changes submitted by the state of Colorado. In the ``Rules and Regulations'' section of this Federal Register, EPA is authorizing the changes in an immediate final rule. EPA did not propose the rule prior to issuing the immediate final rule because the Agency believes this action is not controversial and does not expect comments that oppose it. We have explained the reasons for this authorization in the preamble to the immediate final rule. Unless we receive written comments that oppose this authorization during the comment period, the immediate final rule will become effective on the date it establishes, and EPA will not take further action on this proposal. If the Agency receives comments that oppose this action, EPA will publish a document in the Federal Register
Colorado: Final Authorization of State Hazardous Waste Management Program Revisions
Document Number: E9-19315
Type: Rule
Date: 2009-08-12
Agency: Environmental Protection Agency
The Solid Waste Disposal Act, as amended, commonly referred to as the Resource Conservation and Recovery Act (RCRA), allows the Environmental Protection Agency (EPA) to authorize states to operate their hazardous waste management programs in lieu of the federal program. Colorado has applied to the EPA for final authorization of changes to its hazardous waste program under RCRA. EPA has determined that these changes satisfy all requirements needed to qualify for final authorization, and is authorizing the state's changes through this immediate final action.
Sodium Lauryl Sulfate; Exemption From the Requirement of a Tolerance
Document Number: E9-19314
Type: Rule
Date: 2009-08-12
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of sodium lauryl sulfate (CAS Reg. No. 151- 21-3) when used as a component of food contact sanitizing solutions applied to all food contact surfaces in public eating places, dairy- processing equipment, and food-processing equipment and utensils at a maximum level in the end-use concentration of 350 parts per million (ppm). ETI H2O 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 sodium lauryl sulfate.
Airworthiness Directives; McDonnell Douglas Model DC-9-30, DC-9-40, and DC-9-50 Series Airplanes
Document Number: E9-19265
Type: Proposed Rule
Date: 2009-08-12
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain McDonnell Douglas Model DC-9-30, DC-9-40, and DC-9-50 series airplanes. This proposed AD would require inspecting to determine the part numbers of the forward and aft auxiliary tank fuel boost and transfer pump conduit/conduit assembly and conduit assembly electrical connector, as applicable, and corrective actions if necessary. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to detect and correct the potential for an arc/spark condition to occur within the fuel boost or transfer pump conduit assembly connectors and propagate into the forward and aft auxiliary fuel tanks, which could result in a fire or explosion.
Airworthiness Directives; Boeing Model 747-200C and -200F Series Airplanes
Document Number: E9-19262
Type: Proposed Rule
Date: 2009-08-12
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Boeing Model 747-200C and -200F series airplanes. The existing AD currently requires repetitive inspections to find fatigue cracking in the floor panel attachment fastener holes of the upper chord of certain upper deck floor beams in Section 41 (i.e., body station 520 and forward), and repair if necessary. The existing AD also provides optional modifications, which extend the threshold for the initiation of certain repetitive inspections. This proposed AD would add repetitive inspections to find fatigue cracking in the floor panel attachment fastener holes of the upper chord of certain other upper deck floor beams in Section 41 and Section 42 (i.e., aft of body station 520); repetitive inspections to find fatigue cracking in the permanent fastener holes of the upper chord of certain upper deck floor beams in Section 41; and related investigative and corrective actions. This proposed AD would also provide a new optional modification, which would terminate certain repetitive inspections. This proposed AD results from new reports of cracking in the upper chord of the upper deck floor beams in Sections 41 and 42, and new analysis that shows the permanent fastener holes of the upper chord of certain upper deck floor beams in Section 41 are also susceptible to fatigue cracking. We are proposing this AD to detect and correct cracking in the upper chord of the upper deck floor beams. Such cracking could extend and sever the floor beams, which could result in rapid decompression and loss of controllability of the airplane.
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