September 3, 2009 – Federal Register Recent Federal Regulation Documents

Airworthiness Directives; Airbus Model A330-200 and -300 Series Airplanes, Model A340-200 and -300 Series Airplanes, and Model A340-541 and -642 Airplanes
Document Number: E9-21368
Type: Rule
Date: 2009-09-03
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain Airbus Model A330-200 and -300 series airplanes, Model A340-200 and -300 series airplanes, and Model A340-541 and -642 airplanes. This AD requires replacing certain Thales Avionics pitot probes with certain other pitot probes. This AD results from reports of airspeed indication discrepancies while flying at high altitudes in inclement weather conditions. We are issuing this AD to prevent airspeed discrepancies, which could lead to disconnection of the autopilot and/or auto-thrust functions, and reversion to flight control alternate law and consequent increased pilot workload. Depending on the prevailing airplane altitude and weather, this condition, if not corrected, could result in reduced control of the airplane.
Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Amendment 10
Document Number: E9-21322
Type: Proposed Rule
Date: 2009-09-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes regulations to implement measures in Amendment 10 to the Atlantic Mackerel, Squid, and Butterfish (MSB) Fishery Management Plan (FMP). Amendment 10 was developed by the Mid-Atlantic Fishery Management Council (Council) to bring the FMP into compliance with Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) requirements by establishing a rebuilding program that allows the butterfish stock to rebuild and permanently protects the long-term health and stability of the stock; and by minimizing bycatch and the fishing mortality of unavoidable bycatch, to the extent practicable, in the MSB fisheries. Amendment 10 would increase the minimum codend mesh size requirement for the Loligo squid (Loligo) fishery; establish a butterfish rebuilding program with a butterfish mortality cap for the Loligo fishery; establish a 72-hr trip notification requirement for the Loligo fishery; and require an annual assessment of the butterfish rebuilding program by the Council's Scientific and Statistical Committee (SSC). This proposed rule would also make minor, technical corrections to existing regulations.
Special Conditions: Boeing Model 737-600/-700/-700C/-800/-900 and 900ER Series Airplanes; Seats With Inflatable Lapbelts
Document Number: E9-21299
Type: Rule
Date: 2009-09-03
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for Boeing Model 737-600/- 700/-700C/-800/-900 and 900ER series airplanes. These airplanes, manufactured by Boeing Commercial Airplanes, will have novel or unusual design features associated with seats with inflatable lapbelts. Special
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 610 in the Gulf of Alaska
Document Number: E9-21297
Type: Rule
Date: 2009-09-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for pollock in Statistical Area 610 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the C season allowance of the 2009 total allowable catch (TAC) of pollock for Statistical Area 610 in the GOA.
Leafy Green Vegetables Handled in the United States; Hearing on Proposed Marketing Agreement No. 970
Document Number: E9-21295
Type: Proposed Rule
Date: 2009-09-03
Agency: Agricultural Marketing Service, Department of Agriculture
Notice is hereby given of a public hearing to consider a proposed marketing agreement under the Agricultural Marketing Agreement Act of 1937 to cover the handling of leafy green vegetables and products in the United States. The proposal was submitted by a cross- section of producer and handler representatives from the fresh produce industry, collectively referred to as the ``proponent group.'' The proposed agreement would authorize the development and implementation of production and handling regulations (metrics). Such metrics would reflect Good Agricultural Practices, Good Handling Practices, and Good Manufacturing Practices. The proposal would be voluntary in that only handlers who sign the marketing agreement would be subject to the requirements of the marketing agreement. Signatory handlers could only handle leafy green vegetables or product from the production area or imported that meets the requirements of the program. The program would be financed by assessments on first handlers of leafy green vegetables for the fresh market and would be administered by a twenty-three member committee, the majority of whom would be growers and handlers nominated by the industry and appointed by the Department of Agriculture (USDA).
Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes; Correction
Document Number: E9-21274
Type: Rule
Date: 2009-09-03
Agency: Employment and Training Administration, Department of Labor
This document contains a correction to the Final Rule of the H-2B program that was published on December 19, 2008. The Final Rule re-engineers the application filing and review process by centralizing processing and by enabling employers to conduct pre-filing recruitment of United States (U.S.) workers. In addition, the rule enhances the integrity of the H-2B program through the introduction of post- adjudication audits and procedures for penalizing employers who fail to meet program requirements. This rule also makes technical changes to both the H-1B and the permanent labor certification program regulations to reflect operational changes stemming from this regulation.
Proposed Amendment of Class E Airspace; Mankato, MN
Document Number: E9-21266
Type: Proposed Rule
Date: 2009-09-03
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to amend Class E airspace at Mankato, MN. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Mankato Regional Airport, Mankato, MN. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at Mankato Regional Airport.
Proposed Amendment of Class E Airspace; West Branch, MI
Document Number: E9-21265
Type: Proposed Rule
Date: 2009-09-03
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to amend Class E airspace at West Branch, MI. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at West Branch Community Airport, West Branch, MI. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at West Branch Community Airport.
Definition of Marine Debris for Purposes of the Marine Debris Research, Prevention, and Reduction Act
Document Number: E9-21261
Type: Rule
Date: 2009-09-03
Agency: Coast Guard, Department of Homeland Security, Department of Commerce, National Oceanic and Atmospheric Administration
NOAA and the Coast Guard are defining ``marine debris'' for purposes of the Marine Debris Research, Prevention, and Reduction Act (the Act). The Act requires NOAA and the Coast Guard to jointly develop a definition and promulgate it through regulations; this rule represents the agencies' compliance with the Act. For the purposes of the Marine Debris Research, Prevention, and Reduction Act only, marine debris is defined as any persistent solid material that is manufactured or processed and directly or indirectly, intentionally or unintentionally, disposed of or abandoned into the marine environment or the Great Lakes.
Catastrophic Risk Protection Endorsement; Group Risk Plan of Insurance Regulations; and the Common Crop Insurance Regulations, Basic Provisions
Document Number: E9-21233
Type: Rule
Date: 2009-09-03
Agency: Department of Agriculture, Federal Crop Insurance Corporation
The Federal Crop Insurance Corporation (FCIC) finalizes the Catastrophic Risk Protection Endorsement, the Group Risk Plan of Insurance Regulations, and the Common Crop Insurance Regulations, Basic Provisions to revise those provisions as mandated by the Food, Conservation, and Energy Act of 2008 (2008 Farm Bill). The changes will apply for the 2010 and succeeding crop years for all crops with a 2010 crop year contract change date on or after the effective date of this rule and for the 2011 and succeeding crop years for all crops with a 2010 crop year contract change date prior to the effective date of this rule.
Fees for the Unified Carrier Registration Plan and Agreement
Document Number: E9-21232
Type: Proposed Rule
Date: 2009-09-03
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This proposed rule would establish annual registration fees and a fee bracket structure for the Unified Carrier Registration (UCR) Agreement for the calendar year beginning on January 1, 2010, as required under the Unified Carrier Registration Act of 2005, enacted as Subtitle C of Title IV of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, as amended.
Administrative Changes
Document Number: E9-21230
Type: Rule
Date: 2009-09-03
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The U.S. Nuclear Regulatory Commission (NRC) is making administrative changes to its regulations to correct errors published in recent rulemaking documents. This final rule clarifies the term ``Under the Influence'' and corrects erroneous citations and typographical errors. This document is necessary to inform the public of these changes.
Approval and Promulgation of Air Quality Implementation Plans; Louisiana; Emissions Inventory; Baton Rouge Ozone Nonattainment Area
Document Number: E9-21188
Type: Rule
Date: 2009-09-03
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is approving a revision to the Louisiana State Implementation Plan (SIP) to meet the Emissions Inventory (EI) requirements of the Clean Air Act (CAA) for the Baton Rouge ozone nonattainment area. EPA is approving the SIP revision because it satisfies the EI requirements for areas classified as nonattainment for the 1997 8-hour ozone national ambient air quality standard. EPA is approving the revisions pursuant to section 110 of the CAA.
Approval and Promulgation of Air Quality Implementation Plans; Louisiana; Emissions Inventory; Baton Rouge Ozone Nonattainment Area
Document Number: E9-21187
Type: Proposed Rule
Date: 2009-09-03
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve a revision to the Louisiana State Implementation Plan (SIP) to meet the emissions inventory requirements of the Clean Air Act (CAA) for the Baton Rouge ozone nonattainment area. EPA is proposing to approve the SIP revision because it satisfies the emissions inventory requirements for 8-hour ozone nonattainment areas. EPA is proposing to approve the revision pursuant to section 110 of the CAA.
Federal Acquisition Regulation; FAR Case 2008-027, Federal Awardee Performance and Integrity Information System
Document Number: E9-21174
Type: Proposed Rule
Date: 2009-09-03
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 Section 872 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009. Section 872 requires the General Services Administration to establish and maintain a data system containing specific information on the integrity and performance of covered Federal agency contractors and grantees. Section 872 also requires awarding officials to review the data system and consider other past performance information when making any past performance evaluation or responsibility determination.
Contract Reporting Requirements of Intrastate Natural Gas Companies; Notice Requesting Comments on Proposed Standardized Electronic Information Collection and Extending Time for Comments on Notice of Proposed Rulemaking
Document Number: E9-21108
Type: Proposed Rule
Date: 2009-09-03
Agency: Department of Energy, Federal Energy Regulatory Commission
In compliance with the requirements of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, 44 U.S.C. 3506(c)(2)(A) (2006), the Federal Energy Regulatory Commission (FERC or Commission) is soliciting public comment on the proposed standardized electronic information collection to be used by Natural Gas Policy Act (NGPA) section 311 and Hinshaw pipelines for submitting the quarterly transactional reports proposed in the Notice of Proposed Rulemaking, issued on July 16, 2009 and published on July 29, 2009 (74 FR 37658) in this docket. This notice also extends the deadline for comments on the Notice of Proposed Rulemaking, so that all comments will be due on the same date.
Establishment of Class E Airspace; Oooguruk, AK
Document Number: E9-21061
Type: Rule
Date: 2009-09-03
Agency: Federal Aviation Administration, Department of Transportation
This action establishes Class E airspace at Oooguruk, AK, providing controlled airspace to contain aircraft executing special Instrument Approach Procedures (IAPs) at two heliport facilities, Oooguruk Drill Site Helipad, and Oooguruk Tie-in Helipad, Oooguruk, AK. Also, this action makes a minor change in the description for the Oooguruk Drill Site Helipad. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations at Oooguruk, AK.
Establishment of Class E Airspace; Quinhagak, AK
Document Number: E9-21059
Type: Rule
Date: 2009-09-03
Agency: Federal Aviation Administration, Department of Transportation
This action establishes Class E airspace at Quinhagak, AK to provide adequate controlled airspace to contain aircraft executing Standard Instrument Approach Procedures (SIAPs). Two Standard Instrument Approach Procedures (SIAPs) are being developed for the Quinhagak Airport at Quinhagak, AK. Additionally, one textual Obstacle Departure Procedure (ODP) is being developed. Also, this action makes a minor correction to the geographic coordinates for the airport. This action establishes Class E airspace upward from 700 feet (ft.) above the surface at Quinhagak Airport, Quinhagak, AK.
2008-2009 Refuge-Specific Hunting and Sport Fishing Regulations-Modifications
Document Number: E9-21027
Type: Rule
Date: 2009-09-03
Agency: Fish and Wildlife Service, Department of the Interior
The Fish and Wildlife Service implements pertinent refuge- specific regulations and amends other existing refuge-specific regulations that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing for the 2008-2009 season.
Safety Standard for Infant Bath Seats
Document Number: E9-20948
Type: Proposed Rule
Date: 2009-09-03
Agency: Consumer Product Safety Commission, Agencies and Commissions
Section 104(b) of the Consumer Product Safety Improvement Act of 2008 (``CPSIA'') requires the United States Consumer Product Safety Commission (``Commission'') to promulgate consumer product safety standards for durable infant or toddler products. These standards are to be ``substantially the same as'' applicable voluntary standards or more stringent than the voluntary standard if the Commission concludes that more stringent requirements would further reduce the risk of injury associated with the product. The Commission is proposing a safety standard for infant bath seats in response to the direction under section 104(b) of the CPSIA.
Infant Bath Seats: Termination of Rulemaking
Document Number: E9-20947
Type: Proposed Rule
Date: 2009-09-03
Agency: Consumer Product Safety Commission, Agencies and Commissions
In the Federal Register of December 29, 2003 (68 FR 74878), the Consumer Product Safety Commission (``Commission'') published a notice of proposed rulemaking under the Federal Hazardous Substances Act (``FHSA'') to reduce the unreasonable risk of injury associated with bath seats. On August 14, 2008, the Consumer Product Safety Improvement Act of 2008 (``CPSIA'') was enacted. Section 104(b) of the CPSIA requires the Commission to promulgate consumer product safety standards for durable infant or toddler products, which are to be ``substantially the same as'' applicable voluntary standards (or more stringent requirements if they would further reduce the risk of injury associated with the product). Elsewhere in this issue of the Federal Register, the Commission is proposing a safety standard for infant bath seats in response to section 104(b) of the CPSIA. The rulemaking initiated under the FHSA is superseded by section 104(b) of the CPSIA. Accordingly, the Commission has terminated the infant bath seat rulemaking initiated under the FHSA.
Safety Standard for Infant Walkers
Document Number: E9-20946
Type: Proposed Rule
Date: 2009-09-03
Agency: Consumer Product Safety Commission, Agencies and Commissions
Section 104(b) of the Consumer Product Safety Improvement Act of 2008 (``CPSIA'') requires the United States Consumer Product Safety Commission (``CPSC'' or ``Commission'') to promulgate consumer product safety standards for durable infant or toddler products. These standards are to be ``substantially the same as'' applicable voluntary standards or more stringent than the voluntary standard if the Commission concludes that more stringent requirements would further reduce the risk of injury associated with the product. The Commission is proposing a safety standard for infant walkers in response to the direction under section 104(b) of the CPSIA.
Revocation of Regulation Banning Certain Baby-Walkers, Walker-Jumpers, and Similar Products
Document Number: E9-20945
Type: Proposed Rule
Date: 2009-09-03
Agency: Consumer Product Safety Commission, Agencies and Commissions
The Consumer Product Safety Commission (``CPSC'' or ``Commission'') is proposing to revoke certain regulations pertaining to baby-bouncers, walker-jumpers, baby-walkers, and similar products. CPSC is taking this action because the regulations, which originally were issued in 1971, are outdated and do not provide the degree of safety that is provided by currently manufactured baby-walkers that comply with a more effective voluntary standard. This action also will eliminate confusion about whether manufacturers should certify that their products comply with these regulations or with a new mandatory safety standard for baby-walkers proposed elsewhere in this issue of the Federal Register.
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