September 9, 2009 – Federal Register Recent Federal Regulation Documents

Pendimethalin; Pesticide Tolerances
Document Number: E9-21719
Type: Rule
Date: 2009-09-09
Agency: Environmental Protection Agency
This regulation establishes a tolerance for combined residues of the herbicide pendimethalin including its metabolites and degradates in or on olive at 0.1 parts per million (ppm). The Interregional Research Project Number 4 (IR-4) requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Identification of Institution-based Individual Practitioners
Document Number: E9-21698
Type: Proposed Rule
Date: 2009-09-09
Agency: Drug Enforcement Administration, Department of Justice
The Drug Enforcement Administration (DEA) is soliciting public comments on how best to standardize the specific internal code number associated with each individual practitioner permitted by the hospital or other institutional practitioner to administer, dispense, or prescribe controlled substances using that institution's DEA registration. DEA is taking this action in response to comments it received to its Notice of Proposed Rulemaking regarding electronic prescriptions for controlled substances.
Office of Postsecondary Education; Notice of Negotiated Rulemaking for Programs Authorized Under Title IV of the Higher Education Act of 1965, as Amended
Document Number: E9-21695
Type: Proposed Rule
Date: 2009-09-09
Agency: Department of Education
We announce our intention to establish two negotiated rulemaking committees to prepare proposed regulations under Title IV of the Higher Education Act of 1965, as amended (HEA). Each committee will include representatives of organizations or groups with interests that are significantly affected by the subject matter of the proposed regulations. We request nominations for individual negotiators who represent key stakeholder constituencies that are involved in the student financial assistance programs authorized under Title IV of the HEA to serve on these committees.
Dried Prunes Produced in California; Decreased Assessment Rate
Document Number: E9-21658
Type: Rule
Date: 2009-09-09
Agency: Agricultural Marketing Service, Department of Agriculture
This rule decreases the assessment rate established for the Prune Marketing Committee (Committee) for the 2009-10 and subsequent crop years from $0.30 to $0.16 per ton of salable dried prunes. The Committee locally administers the marketing order that regulates the handling of dried prunes in California. Assessments upon dried prune handlers are used by the Committee to fund reasonable and necessary expenses of the program. The crop year begins August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Kiwifruit Grown in California; Change in Reporting Requirements
Document Number: E9-21657
Type: Rule
Date: 2009-09-09
Agency: Agricultural Marketing Service, Department of Agriculture
This rule changes the reporting requirements currently prescribed under the marketing order that regulates the handling of kiwifruit grown in California. The order is administered locally by the Kiwifruit Administrative Committee (Committee). This rule requires handlers who ship 100,000 or more trays per season to file weekly shipment and price information with the Committee. Shipments of organic kiwifruit are exempt from this requirement. The Committee will use this information to prepare its marketing policy statements and annual reports and to provide timely information to the industry to assist them in making marketing decisions throughout the season.
Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; Order Amending Marketing Order No. 905
Document Number: E9-21656
Type: Rule
Date: 2009-09-09
Agency: Agricultural Marketing Service, Department of Agriculture
This final rule amends the marketing order for oranges, grapefruit, tangerines, and tangelos grown in Florida. The amendments were proposed by the Citrus Administrative Committee (committee), which is responsible for local administration of the order. The amendments will modify committee representation by cooperative entities; allow substitute alternates to temporarily represent absent members at committee meetings; authorize the committee to conduct meetings by telephone or other means of communication; and authorize the committee to conduct research and promotion programs, including paid advertising, for fresh Florida citrus. The amendments are intended to improve the operation and administration of the order and provide the industry with additional tools for the marketing of fresh citrus.
Airworthiness Directives; General Electric Company (GE) CJ610 Series Turbojet Engines and CF700 Series Turbofan Engines
Document Number: E9-21629
Type: Proposed Rule
Date: 2009-09-09
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for GE CJ610 series turbojet engines and CF700 turbofan engines with AFT Technologies combustion liners, part number (P/N) AFT-5016T30G02. This proposed AD would require removing from service, AFT Technologies combustion liners, P/N AFT-5016T30G02. This proposed AD results from a report of an AFT Technologies combustion liner that released a large section of the inner combustion liner and reports of six combustion liners with premature cracks. We are proposing this AD to prevent premature cracks in the combustion liner, which could release pieces of the inner combustion liner. A release of pieces of the inner combustion liner could cause an uncontained failure of the engine turbine and damage to the airplane.
Security Zone; Calcasieu River, Hackberry, LA
Document Number: E9-21578
Type: Rule
Date: 2009-09-09
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary security zone on the waters of the Calcasieu River for the mooring basin at Cameron LNG in Hackberry, LA. The security zone is needed to protect vessels, waterfront facilities, the public, and other surrounding areas from destruction, loss, or injury caused by sabotage, subversive acts, accidents, or other actions of a similar nature. Entering this security zone is prohibited without permission from the Captain of the Port, Port Arthur or a designated representative.
Special Local Regulation for Marine Events; Choptank River, Cambridge, MD
Document Number: E9-21562
Type: Rule
Date: 2009-09-09
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is temporarily suspending the existing enforcement period of a special local regulation for a recurring marine event in the Fifth Coast Guard District and adding a temporary enforcement period. This regulation applies to only one recurring marine event, the ``Cambridge Offshore Challenge'' power boat race. A special local regulation is necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in a portion of the Choptank River, MD, during the event.
Sudanese Sanctions Regulations
Document Number: E9-21553
Type: Rule
Date: 2009-09-09
Agency: Department of the Treasury, Office of Foreign Assets Control, Foreign Assets Control Office, Department of Treasury
The Department of the Treasury's Office of Foreign Assets Control (``OFAC'') is amending the Sudanese Sanctions Regulations by issuing a general license that authorizes the exportation and reexportation of agricultural commodities, medicine, and medical devices to the Specified Areas of Sudan, as well as the conduct of related transactions. The Specified Areas of Sudan are defined as Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile State, Abyei, Darfur, and marginalized areas in and around Khartoum. OFAC also is making conforming changes to the Sudanese Sanctions Regulations to reflect this authorization.
Amendment of Service and Eligibility Rules for FM Broadcast Translator Stations
Document Number: E9-21518
Type: Rule
Date: 2009-09-09
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection requirements associated with 47 CFR 74.1284, FCC Form 303-S and FCC Form 345. Therefore, this rule and forms will take effect on October 1, 2009. On September 1, 2009, the Commission published the summary document of the Report and Order, In the Matter of the Amendment of Service and Eligibility Rules for FM Broadcast Translator Stations, MB Docket No. 07-172, FCC 09-59, at 74 FR 45126. The Ordering Clause of the Report and Order stated that the Commission would publish a notice in the Federal Register announcing when OMB approval for Section 74.1284 and information collection requirements (revisions to FCC Form 303-S and 345) have been received and when the revised rule and requirements will take effect. This notice is consistent with the statement in the Report and Order.
Small Business Size Regulations; Rules of Procedure Governing Cases Before the Office of Hearings and Appeals; Correction
Document Number: E9-21505
Type: Rule
Date: 2009-09-09
Agency: Small Business Administration, Agencies and Commissions
The U.S. Small Business Administration (SBA) is correcting several of its Small Business Size Regulations, published in the Federal Register on May 21, 2004. SBA is correcting a reference to an incorrect North American Industry Classification System (NAICS) code,
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition to List the Eastern Population of the Gopher Tortoise (Gopherus polyphemus
Document Number: E9-21481
Type: Proposed Rule
Date: 2009-09-09
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce a 90-day finding on a petition to list the eastern population of the gopher tortoise (Gopherus polyphemus) as threatened under the Endangered Species Act of 1973, as amended (Act) and designate critical habitat. Herein, the Service refers to the eastern population of the gopher tortoise as the gopher tortoise in the eastern portion of its range. Following a review of the petition, we find that the petition presents substantial scientific or commercial information indicating that listing the gopher tortoise in the eastern portion of its range may be warranted. Therefore, with the publication of this notice, we are initiating a status review to determine if listing the gopher tortoise in the eastern portion of the range is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial data and other information regarding the status of and threats facing the gopher tortoise throughout all of its range.
Declaratory Judgments-Gift Tax Determinations
Document Number: E9-21458
Type: Rule
Date: 2009-09-09
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final regulations under section 7477 of the Internal Revenue Code (Code) regarding petitions filed with the United States Tax Court for declaratory judgments with respect to the valuation of gifts. Changes to the applicable law were made by section 506(c)(1) of the Taxpayer Relief Act of 1997. These final regulations primarily affect individuals who are donors of gifts. The final regulations provide rules for determining whether a donor may petition the Tax Court for a determination regarding the value of a gift, including guidance regarding the definition of ``exhaustion of administrative remedies.''
Financial Responsibility for Water Pollution (Vessels) and OPA 90 Limits of Liability (Vessels and Deepwater Ports)
Document Number: E9-21442
Type: Rule
Date: 2009-09-09
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is announcing that the collection of information requirement under 33 CFR 138.85, entitled ``Financial Responsibility for Water Pollution (Vessels),'' has been approved by OMB under the Paperwork Reduction Act of 1995. The OMB control number is 1625-0046.
Pesticide Tolerance Nomenclature Changes; Technical Amendment
Document Number: E9-21416
Type: Rule
Date: 2009-09-09
Agency: Environmental Protection Agency
This final rule makes minor revisions to the terminology of certain commodity terms listed under 40 CFR part 180, subpart C. This action establishes a uniform listing of commodity terms.
Airworthiness Directives; Boeing Model 737-600, -700, -700C, -800, -900 and -900ER Series Airplanes
Document Number: E9-21412
Type: Rule
Date: 2009-09-09
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for all Boeing Model 737-600, -700, -700C, -800, -900 and -900ER series airplanes. This AD requires repetitive testing of the rudder pedal forces or repetitive detailed inspections of the inner spring of the rudder feel and centering unit, and corrective actions if necessary. This AD also requires replacement of the spring assembly in the rudder feel and centering unit, which terminates the repetitive tests or inspections. This AD results from reports of low rudder pedal forces that were caused by a broken inner spring in the rudder feel and centering unit; a broken inner spring in conjunction with a broken outer spring would significantly reduce rudder pedal forces. We are issuing this AD to prevent reduced rudder pedal forces, which could result in increased potential for pilot-induced oscillations and reduce the ability of the flightcrew to maintain the safe flight and landing of the airplane.
Airworthiness Directives; Airbus Model A300 B2-1C, B2-203, B2K-3C, B4-103, B4-203, and B4-2C Airplanes
Document Number: E9-21411
Type: Rule
Date: 2009-09-09
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. 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 MCAI describes the unsafe condition as:
Airworthiness Directives; Airbus Model A330-200 and -300 Series Airplanes and Model A340-200 and -300 Series Airplanes
Document Number: E9-21409
Type: Rule
Date: 2009-09-09
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. 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 MCAI describes the unsafe condition as:
Airworthiness Directives; Airbus Model A330-300, A340-200, and A340-300 Series Airplanes
Document Number: E9-21408
Type: Rule
Date: 2009-09-09
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. 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 MCAI describes the unsafe condition as:
Excess Risk Estimate for Highway-Rail Grade Crossings Along the Florida East Coast Railway Line
Document Number: E9-21380
Type: Rule
Date: 2009-09-09
Agency: Federal Railroad Administration, Department of Transportation
This final rule amends the regulations regarding the use of locomotive horns at public highway-rail grade crossings by establishing an excess risk estimate of 90.9 percent for public highway-rail grade crossings along the Florida East Coast Railway Company (FEC) line. When this final rule is effective, public authorities will be permitted to establish New Quiet Zones along the FEC line, in accordance with the existing regulations, through application of the excess risk estimate provided herein.
Updating OSHA Standards Based on National Consensus Standards; Personal Protective Equipment
Document Number: E9-21360
Type: Rule
Date: 2009-09-09
Agency: Department of Labor, Occupational Safety and Health Administration
OSHA is issuing this final rule to revise the personal protective equipment (PPE) sections of its general industry, shipyard employment, longshoring, and marine terminals standards regarding requirements for eye- and face-protective devices, head protection, and foot protection. OSHA is updating the references in its regulations to recognize more recent editions of the applicable national consensus standards, and is deleting editions of the national consensus standards that PPE must meet if purchased before a specified date. In addition, OSHA is amending its provision that requires safety shoes to comply with a specific American National Standards Institute (ANSI) standard, and a provision that requires filter lenses and plates in eye- protective equipment to meet a test for transmission of radiant energy specified by another ANSI standard. In amending these paragraphs, OSHA will require this safety equipment to comply with the applicable PPE design provisions. These revisions are a continuation of OSHA's effort to update or remove references to specific consensus and industry standards located throughout its standards.
Airworthiness Directives; ATR Model ATR42 and ATR72 Airplanes
Document Number: E9-21312
Type: Rule
Date: 2009-09-09
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. 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 MCAI describes the unsafe condition as:
Treatment of Services Under Section 482; Allocation of Income and Deductions From Intangible Property; Apportionment of Stewardship Expense; Correction
Document Number: E9-21227
Type: Rule
Date: 2009-09-09
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains corrections to final regulations (TD 9456) that were published in the Federal Register on Tuesday, August 4, 2009 (74 FR 38830) providing guidance regarding the treatment of controlled services transactions under section 482 and the allocation of income from intangible property, in particular with respect to contributions by a controlled party to the value of intangible property owned by another controlled party. These final regulations modify regulations under section 861 concerning stewardship expenses to be consistent with the changes made to the guidance under section 482.
Treatment of Services Under Section 482; Allocation of Income and Deductions From Intangible Property; Apportionment of Stewardship Expense; Correction
Document Number: E9-21226
Type: Rule
Date: 2009-09-09
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains corrections to final regulations (TD 9456) that were published in the Federal Register on Tuesday, August 4, 2009 (74 FR 38830) providing guidance regarding the treatment of controlled services transactions under section 482 and the allocation of income from intangible property, in particular with respect to contributions by a controlled party to the value of intangible property owned by another controlled party. These final regulations modify regulations under section 861 concerning stewardship expenses to be consistent with the changes made to the guidance under section 482.
Airworthiness Directives; Airbus Model A310-203, -204, -221, -222, -304, -322, -324, and -325 Airplanes
Document Number: E9-21147
Type: Rule
Date: 2009-09-09
Agency: Federal Aviation Administration, Department of Transportation
We are superseding an existing airworthiness directive (AD) for the products listed above. 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 MCAI describes the unsafe condition as:
Airworthiness Directives; 328 Support Services GmbH Dornier Model 328-100 and -300 Airplanes
Document Number: E9-21035
Type: Rule
Date: 2009-09-09
Agency: Federal Aviation Administration, Department of Transportation
We are superseding an existing airworthiness directive (AD) for the products listed above. 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 MCAI describes the unsafe condition as:
Airworthiness Directives; Fokker Model F.28 Mark 0070 and 0100 Airplanes
Document Number: E9-20840
Type: Rule
Date: 2009-09-09
Agency: Federal Aviation Administration, Department of Transportation
We are superseding an existing airworthiness directive (AD) for the products listed above. 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 MCAI describes the unsafe condition as:
Airworthiness Directives; Boeing Model 707 Airplanes, and Model 720 and 720B Series Airplanes
Document Number: E9-20838
Type: Rule
Date: 2009-09-09
Agency: Federal Aviation Administration, Department of Transportation
The FAA is superseding an existing airworthiness directive (AD), which applies to certain Boeing Model 707 airplanes, and Model 720 and 720B series airplanes. The existing AD currently requires repetitive detailed inspections to detect cracks and corrosion on any existing repairs and at certain body stations (STA) of the visible surfaces of the wing to body terminal fittings including the web, flanges, and ribs; and applicable related investigative and corrective actions. This new AD retains the requirements of the existing AD and requires repetitive ultrasonic inspections to detect any stress corrosion cracks within the outboard flange of the left and right body terminal fittings at STA 820, and related investigative and corrective actions if necessary. This AD also provides an optional terminating action for the repetitive inspections. This AD also adds two airplanes to the applicability. This AD results from reports of cracks found in the wing to body terminal fittings during routine inspections. We are issuing this AD to detect and correct cracks and corrosion in the body terminal fittings above and below the floor, which could cause loss of support for the wing and could adversely affect the structural integrity of the airplane.
Airworthiness Directives; Bombardier Model DHC-8-400 Series Airplanes
Document Number: E9-20836
Type: Rule
Date: 2009-09-09
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. 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 MCAI describes the unsafe condition as:
Airworthiness Directives; Fokker Model F.28 Mark 0070 and 0100 Series Airplanes
Document Number: E9-20834
Type: Rule
Date: 2009-09-09
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. 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 MCAI describes the unsafe condition as:
Airworthiness Directives; Rolls-Royce plc. (RR) RB211 Trent 900 Series Turbofan Engines
Document Number: E9-20830
Type: Rule
Date: 2009-09-09
Agency: Federal Aviation Administration, Department of Transportation
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:
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