August 2009 – Federal Register Recent Federal Regulation Documents

The Commission has before it a petition for rulemaking filed by WLOX License Subsidiary, LLC (``WLOX''), the permittee of station WLOX(TV), digital channel 13, Biloxi, Mississippi. WLOX requests the substitution of its pre-transition digital channel 39 for its allotted post-transition channel 13 at Biloxi.

The Commission has before it a petition for rulemaking filed by Community Broadcasting Service (``Community Broadcasting''), the licensee of WABI-DT, digital channel 19, Bangor, Maine. Community Broadcasting requests the substitution of channel 13 for digital channel 19 at Bangor.

This document corrects technical errors in the proposed rule entitled ``Medicare Program; Payment Policies Under the Physician Fee Schedule and Other Revisions to Part B for CY 2010'' which appeared in the July 13, 2009 Federal Register.

This proposed rule would adjust the North and South Atlantic swordfish quotas for the 2009 fishing year (January 1, 2009, through December 31, 2009) to account for underharvests, and to transfer 18.8 metric tons (mt) dressed weight (dw) to Canada per the 2006 and 2008 International Commission for the Conservation of Atlantic Tunas (ICCAT) recommendations 06-03 and 08-02. In addition, NMFS proposes to include minor regulatory modifications and clarifications, eliminate an existing sunset provision in the Madison-Swanson and Steamboat Lumps time/area closure, and establish a small time/area closure in the Gulf of Mexico called the ``Edges 40 Fathom Contour.'' These changes could impact fishermen with a commercial swordfish, HMS Angling, or Charter/ Headboat (CHB) permit who fish for Atlantic swordfish.

This action proposes to modify Class E airspace at Pueblo Memorial Airport, CO. Additional controlled airspace is necessary to facilitate vectoring of Instrument Flight Rules (IFR) traffic from en route airspace to Pueblo Memorial Airport, CO. The FAA is proposing this action to enhance the safety and management of aircraft operations at Pueblo Memorial Airport, CO.

The U.S. Census Bureau (Census Bureau) is amending the Foreign Trade Regulations (FTR) to eliminate the requirement to report a Social Security Number (SSN) as an identification number when registering to file and filing electronic export information in the Automated Export System (AES) or AESDirect. Under the current regulations, the U.S. Principal Party in Interest (USPPI) or U.S. authorized agent residing or having an office located in the United States is required to enter an Employer Identification Number (EIN), SSN, or Dun and Bradstreet Number (DUNS) when reporting export transactions in the AES or AESDirect. An SSN is used as an identification number principally by filers who are individuals. DUNS are available only to business entities, and EINs are available to both businesses and individuals.

This regulation establishes an exemption from the requirement of a tolerance for residues of Polyoxyethylene polyoxypropylene mono(di-sec-butylphenyl) ether when used as an inert ingredient in herbicide formulations only, for pre-harvest uses and at no more than 30% by weight in herbicide formulations intended for application to turf. The Joint Inerts Task Force (JITF), Cluster Support Team Number 20, 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 Polyoxyethylene polyoxypropylene mono(di-sec-butylphenyl) ether.

NMFS is prohibiting retention of Pacific ocean perch in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary because the 2009 total allowable catch (TAC) of Pacific ocean perch in the Western Regulatory Area of the GOA has been reached.

This regulation establishes an exemption from the requirement of a tolerance for residues of sodium alkyl naphthalenesulfonate, herein referred to in this document as SANS, when used as an inert ingredient at a maximum of 30% by weight in pesticide formulations for pre-harvest and post-harvest uses, as well as, for application to animals. The Joint Inerts Task Force (JITF), Cluster Support Team Number 10, 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 SANS.

Pursuant to the Clean Air Act, EPA is proposing to approve two State implementation plan revisions submitted by the State of Arizona. The State submitted the 2008 Revision to the Carbon Monoxide Limited Maintenance Plan for the Tucson Air Planning Area on July 10, 2008. EPA is proposing to approve the 2008 Limited Maintenance Plan because it provides for the maintenance of the carbon monoxide national ambient air quality standard within the Tucson Air Planning Area through the second 10-year portion of the maintenance period. EPA is also proposing to approve a statutory provision that was submitted by the State on June 22, 2009 as a revision to the State implementation plan and that extends the life of the State's vehicle emissions inspection program through the end of 2016. EPA is taking this action pursuant to those provisions of the Clean Air Act that obligate the Agency to take action on submittals of revisions to State implementation plans. The effect of this action would be to make certain commitments related to maintenance of the carbon monoxide standard in the Tucson Air Planning Area Federally enforceable as part of the Arizona State implementation plan.

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:

This document contains proposed regulations amending the questions and answers relating to church tax inquiries and examinations. These proposed regulations replace references to positions that were abolished by the Internal Revenue Service Restructuring and Reform Act of 1998 with references that are consistent both with the statute and the IRS's current organizational structure.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Boeing Model 747 airplanes. The existing AD currently requires repetitive inspections for cracking, and repair as necessary, of lower lobe body frames (sections 42 and 46) of the fuselage. The existing AD also provides for optional modification of the frames, which terminates the repetitive inspections. This proposed AD would require additional repetitive inspections for cracking of certain fuselage frames, and corrective actions if necessary. This proposed AD would also revise the AD applicability. This proposed AD results from a new report of a crack found in a body frame with a tapered side guide bracket at fuselage station 1800, located on the left side between stringers 39 and 40; the frame was severed. We are proposing this AD to detect and correct the loss of structural integrity of the fuselage, which could result in rapid depressurization of the airplane.

The Coast Guard is establishing a temporary moving safety zone excluding all vessels within a 100 yard radius of the U.S. Coast Guard Barque EAGLE during the vessel's transit in Rockland Harbor, Penobscot Bay, Casco Bay and Portland Harbor in Maine as well as during its transit of Portsmouth Harbor, NH. This safety zone is needed to protect spectators, event safety vessels and others in the maritime community from the safety hazards created by sailing a large vessel in close proximity to smaller vessels. Entry into this safety zone is prohibited unless authorized by the Captain of the Port, Sector Northern New England or his designated representative.

On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009, commonly called the Recovery Act, which reauthorized and significantly amended the Trade Adjustment Assistance for Workers (TAA) program under the Trade Act of 1974, as amended (Trade Act). In accordance with those amendments, the Employment and Training Administration (ETA) of the Department of Labor

The NRC is proposing to amend its regulation governing vessel head inspection requirements. This amendment would revise the upper range of the percentage of axial flaws permitted in a specimen set used in the qualification of nondestructive examination systems (procedures, personnel and equipment), for the performance of inservice inspection (ISI) of pressurized water reactor (PWR) upper reactor vessel head penetrations. This amendment is being proposed as a result of the withdrawal of a stakeholder's recommendation necessitated by a typographical error in the original recommendation with respect to the maximum percentage of flaws that should be oriented axially.

EPA is proposing national emissions standards for control of hazardous air pollutants from the chemical preparations area source category. These proposed emissions standards for new and existing sources reflect EPA's proposed determination regarding the generally available control technology or management practices for the source category.

We are adopting a new airworthiness directive (AD) for the specified Agusta S.p.A. (Agusta) Model AB139 and AW139 helicopters. This 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 aviation authority of Italy, with which we have a bilateral agreement, states in the MCAI that during the installation of a fire extinguisher bottle on a new helicopter, it was found that the electrical receptacle/connectors on the bottle which commands the firing of the extinguishing agent were swapped between engines No. 1 and No. 2. This condition could affect helicopters already in service and fire extinguisher bottles of the same part number in stock as spare parts. If not corrected, an improperly wired fire extinguishing bottle might cause the extinguishing agent to be discharged toward the unselected engine when the system is activated, rather than toward the engine with the fire. This AD requires determining if each engine has the proper outlet end on the electrical receptacle/connector that attaches the firing cartridge to the fire extinguisher bottle, and if not, replacing the fire extinguisher bottle. This AD is intended to prevent the fire extinguishing agent from not discharging toward the engine with the fire, which could result in loss of the helicopter due to an engine fire.

The FAA is superseding an existing airworthiness directive (AD) that applies to certain Boeing Model 737-100, -200, -200C, -300, - 400, and -500 series airplanes. That AD currently requires repetitive inspections of the intercostal webs, attachment clips, and stringer splice channels for cracks; and corrective action if necessary. This new AD reduces the repetitive inspection intervals from 25,000 flight cycles to 6,000 flight cycles, and expands the inspection area for Model 737-200C series airplanes to include the area aft of the forward entry door. This AD results from additional reports of fatigue cracks. We are issuing this AD to detect and correct fatigue cracking of the intercostals on the forward and aft sides of the forward entry door, which could result in loss of the forward entry door and rapid decompression of the airplane.

This regulation establishes an exemption from the requirement of a tolerance for residues of methyl poly(oxyethylene)C8- C18 alkylammonium chlorides where the poly(oxyethylene) content is n=2-15 and where C8-C18 alkyl is linear and may be saturated or unsaturated, herein referred to in this document as methyl poly(oxyethylene)C8-C18 alkylammonium chlorides (MPOACs), when used as an inert ingredient in pesticide formulations for pre-harvest uses under 40 CFR 180.920 at a maximum of 10% by weight in herbicide formulations and 5% by weight in all other formulations. The Joint Inerts Task Force (JITF), Cluster Support Team (CST No. 7), 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 MPOACs.

We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued 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:

By this action the Environmental Protection Agency proposes to revise the Noise Labeling Standards for Hearing Protection Devices (HPD). These standards have not been amended since 1979 and technologies have evolved and improved in the interim. The proposed revisions provide manufacturers with newly developed testing methodologies that are the most appropriate to assess and label hearing protection devices, and to allow legitimate hearing protection products to be sold as such in U.S. markets. In particular, this action should result in the availability of a new generation of significantly improved devices that are precluded from entering the marketplace as ``hearing protectors'' by the 1979 regulation. Finally, the Agency is mindful of the relatively large percentage of small entities that comprise the HPD industry. In recognition of the evolutionary changes in marketing and selling products brought about by the internet, and in order to minimize the potential economic burden on manufacturers that sell their products ``exclusively'' over the internet, the Agency is proposing to allow ``electronic labeling'' as a means for certain manufacturers (as defined in subpart B) to comply with the labeling requirements of this proposed rule.

The Federal Aviation Administration (FAA) is making a minor technical change to a final rule published in the Federal Register on February 2, 2005. This final rule established new manual requirements for aging aircraft under 14 CFR part 135. In the final rule, the FAA inadvertently changed one of the regulatory references in Sec. 135.427(a).

NMFS issues regulations under authority of the Western and Central Pacific Fisheries Convention Implementation Act (WCPFC Implementation Act) to implement certain decisions of the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC). Those decisions require that the members of the WCPFC, including the United States, take certain measures with respect to their purse seine fisheries in the area of competence of the WCPFC, which includes most of the western and central Pacific Ocean (WCPO). The regulations include limits on the number of days that may be fished, periods during which fishing may not be done on schools in association with fish aggregating devices (FADs), areas of high seas closed to fishing, requirements to retain tuna on board up to the first point of landing or transshipment, requirements to carry observers, and requirements to handle sea turtles in a specified manner. This action is necessary for the United States to satisfy its international obligations under the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention), to which it is a Contracting Party.

The Federal Housing Finance Regulatory Reform Act, Division A of the Housing and Economic Recovery Act of 2008 (HERA), requires the Director of the Federal Housing Finance Agency (FHFA) to establish criteria based on the amount and type of capital held by a Federal Home Loan Bank (Bank) for each of the following capital classifications: Adequately capitalized; Undercapitalized; Significantly undercapitalized; and Critically undercapitalized. In addition, HERA provides that the critical capital level for each Bank shall be the amount of capital that the Director by regulation shall require. HERA also sets forth prompt corrective action (PCA) authority that the Director has for the Banks. To implement these new provisions, FHFA published in the Federal Register on January 30, 2009 an interim final rule to define critical capital for the Banks, establish the criteria for each of the capital classifications identified in HERA and delineate its PCA authority over the Banks. FHFA requested comments on all aspects of the regulation. It also sought comment on whether it should establish a ``well-capitalized'' classification and on what criteria may be appropriate to define such a new category. After considering the comments received on the interim final rule, FHFA is adopting the interim final rule as a final regulation, subject to amendments meant to clarify certain provisions.