September 14, 2009 – Federal Register Recent Federal Regulation Documents

Endangered and Threatened Wildlife; Sea Turtle Conservation
Document Number: E9-22039
Type: Rule
Date: 2009-09-14
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The National Marine Fisheries Service (NMFS) currently requires the use of chain-mat modified dredge gear in the Atlantic sea scallop fishery south of 41[deg] 9.0' North latitude from May 1 through November 30 each year. This gear is necessary to help reduce mortality and injury to endangered and threatened sea turtles captured in this fishery and to conserve sea turtles listed under the Endangered Species Act. NMFS issues this final rule to make minor modifications to these chain-mat requirements. This final rule clarifies where on the dredge the chain mat must be hung, excludes the sweep from the requirement that the side of each opening in the chain mat be less than or equal to 14 inches (35.5 cm); and adds definitions of the sweep and the diamonds, which are terms used to describe parts of the scallop dredge gear. Any incidental take of threatened sea turtles in Atlantic sea scallop dredge gear in compliance with the gear modification requirements and all other applicable requirements will be exempted from the ESA prohibition against takes.
Product Labeling: Use of the Voluntary Claim “Natural” in the Labeling of Meat and Poultry Products
Document Number: E9-22036
Type: Proposed Rule
Date: 2009-09-14
Agency: Department of Agriculture, Food Safety and Inspection Service
The Food Safety and Inspection Service (FSIS) is issuing this Advance Notice of Proposed Rulemaking (ANPR) to assist the Agency in defining the conditions under which it will permit the voluntary claim ``natural'' to be used in the labeling of meat and poultry products. After considering comments on the ``natural'' claim submitted by the public in response to a Federal Register notice that the Agency issued on December 5, 2006, and the comments presented at a public meeting held by the Agency on December 12, 2006, FSIS has decided to solicit additional public input. FSIS has concluded that a further solicitation of comments could produce information that would help to clarify and resolve the issues surrounding the ``natural'' claim. Moreover, additional comment will help FSIS to assess how best to coordinate its regulation of ``natural'' claims with the standards for voluntary marketing claims developed by the Agricultural Marketing Service (AMS), particularly with AMS's ``naturally raised'' marketing claim standard.
Endangered and Threatened Wildlife and Plants; Listing the Chatham Petrel, Fiji Petrel, and Magenta Petrel as Endangered Throughout Their Ranges
Document Number: E9-22033
Type: Rule
Date: 2009-09-14
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), determine endangered status for three petrel species (order Procellariiformes) Chatham petrel (Pterodroma axillaris) previously referred to as (Pterodroma hypoleuca axillaris); Fiji petrel (Pseudobulweria macgillivrayi) previously referred to as (Pterodroma macgillivrayi); and the magenta petrel (Pterodroma magentae)under the Endangered Species Act of 1973, as amended (Act). This rule implements the Federal protections provided by the Act for these three species.
Absence and Leave; Sick Leave
Document Number: E9-22030
Type: Proposed Rule
Date: 2009-09-14
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
The U. S. Office of Personnel Management (OPM) is issuing proposed regulations to modify definitions related to family member and immediate relative in 5 CFR part 630 for purposes of use of sick leave, funeral leave, voluntary leave transfer, voluntary leave bank, and emergency leave transfer. These changes would implement Section 1 of the President's June 17, 2009 Memorandum on Federal Benefits and Non- Discrimination and ensure that agencies are considering the needs of a widely diverse workforce and providing the broadest support possible to employees to help them balance their increasing work, personal, and family obligations.
Federal Long Term Care Insurance Program: Eligibility Changes
Document Number: E9-22028
Type: Proposed Rule
Date: 2009-09-14
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
The U.S. Office of Personnel Management (OPM) is issuing a proposed regulation to expand eligibility to apply for coverage under the Federal Long Term Care Insurance Program (FLTCIP). Under the proposed regulation, the definition of ``qualified relative'' is expanded to cover the same-sex domestic partners of eligible Federal and U.S. Postal Service employees and annuitants. The proposed
Outer Continental Shelf-Technical Corrections
Document Number: E9-22027
Type: Rule
Date: 2009-09-14
Agency: Department of the Interior, Minerals Management Service
This document makes technical changes to regulations that were published in various Federal Register documents and are codified in the Code of Federal Regulations, as well as announcing the approval by the Office of Management and Budget of information collection requirements contained in two previously published regulations.
Electric Power Generation, Transmission, and Distribution; Electrical Protective Equipment; Limited Reopening of Record; Notice of Informal Public Hearing
Document Number: E9-22002
Type: Proposed Rule
Date: 2009-09-14
Agency: Department of Labor, Occupational Safety and Health Administration
On June 15, 2005, OSHA published a proposed rule to revise the general industry and construction standards for electric power generation, transmission, and distribution work and for electrical protective equipment. The proposed general industry and construction standards for electric power generation, transmission, and distribution work included revised minimum approach distance tables. Those tables limit how close an employee (or a conductive object he or she is contacting) may get to an energized circuit part. In light of recent changes to one of the consensus standards on which OSHA relied in formulating the proposed minimum approach distances, OSHA is reopening the record on this proposal to obtain additional comments related to the proposed minimum approach distances. The record will remain open on this limited basis until October 15, 2009. OSHA is also announcing a public hearing on the issues raised in this notice.
Endangered and Threatened Wildlife and Plants; Partial 90-Day Finding on a Petition To List 206 Species in the Midwest and Western United States as Threatened or Endangered With Critical Habitat; Correction
Document Number: E9-21995
Type: Proposed Rule
Date: 2009-09-14
Agency: Fish and Wildlife Service, Department of the Interior
On Tuesday, August 18, 2009, we, the U.S. Fish and Wildlife Service, announced a 90-day finding on 38 species from a petition to list 206 species in the mountain-prairie region of the United States as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). In that notice, we used an incorrect docket number, and asked commenters to refer to this docket number in their comments. The correct docket number is [FWS-R6-ES-2008-0131]. However, comments we received under the incorrect docket number will be routed to the correct docket. If you already submitted a comment, even with the incorrect docket number, you need not resubmit it.
Disregarded Entities and Excise Taxes
Document Number: E9-21987
Type: Rule
Date: 2009-09-14
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final and temporary regulations clarifying that a single-owner eligible entity that is disregarded as an entity separate from its owner for any purpose, but regarded as a separate entity for certain excise tax purposes, is treated as a corporation for tax administration purposes related to those excise taxes. These regulations also make conforming changes to the tax liability rule for disregarded entities and the treatment of entity rule for disregarded entities with respect to employment taxes. These regulations affect disregarded entities in general and, in particular, disregarded entities that pay or pay over certain federal excise taxes or that are required to be registered by the IRS. The text of these temporary regulations serves as the text of proposed regulations (REG- 116614-08) published in the Proposed Rules section in this issue of the Federal Register.
Disregarded Entities and Excise Taxes
Document Number: E9-21986
Type: Proposed Rule
Date: 2009-09-14
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations clarifying that a single-owner eligible entity that is disregarded as an entity separate from its owner for any purpose, but regarded as a separate entity for certain excise tax purposes, is treated as a corporation for tax administration purposes related to those excise taxes. Those regulations also make conforming changes to the tax liability rule for disregarded entities and the treatment of entity rule for disregarded entities with respect to employment taxes. The regulations affect disregarded entities in general and, in particular, disregarded entities that pay or pay over certain federal excise taxes or that are required to be registered by the IRS. The text of those temporary regulations also serves as the text of these proposed regulations.
Drawbridge Operation Regulation; Three Mile Slough, Rio Vista, CA
Document Number: E9-21979
Type: Rule
Date: 2009-09-14
Agency: Coast Guard, Department of Homeland Security
The Commander, Eleventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the California Route 160 Drawbridge across Three Mile Slough, mile 0.1, near Rio Vista, CA. The deviation is necessary to allow Caltrans to conduct drawbridge maintenance. This deviation allows the bridge to remain in the closed-to-navigation position during the maintenance period.
Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters
Document Number: E9-21975
Type: Proposed Rule
Date: 2009-09-14
Agency: Coast Guard, Department of Homeland Security
The Coast Guard announces a series of public meetings to receive comments on a notice of proposed rulemaking (NPRM) entitled ``Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters'' that published in the Federal Register on Friday, August 28, 2009.
E-2 Nonimmigrant Status for Aliens in the Commonwealth of the Northern Mariana Islands With Long-Term Investor Status
Document Number: E9-21967
Type: Proposed Rule
Date: 2009-09-14
Agency: Department of Homeland Security
The Department of Homeland Security (DHS) is proposing to amend its regulations governing E-2 nonimmigrant treaty investors to establish procedures for classifying long-term investors in the Commonwealth of the Northern Mariana Islands (CNMI) as E-2 nonimmigrants. This proposed rule implements the CNMI nonimmigrant investor visa provisions of the Consolidated Natural Resources Act of 2008 extending the immigration laws of the United States to the CNMI.
Modification of Class E Airspace; Sarasota, FL
Document Number: E9-21896
Type: Rule
Date: 2009-09-14
Agency: Federal Aviation Administration, Department of Transportation
This action modifies the Class E airspace at Sarasota/ Bradenton International Airport in Sarasota, FL. After the Sarasota VORTAC was moved, it was determined that the Class E airspace at the airport should be modified to facilitate a more efficient operation. This rule increases the safety and management of the National Airspace System (NAS) around Sarasota/Bradenton International Airport.
Establishment of Class E Airspace; Clayton, GA
Document Number: E9-21892
Type: Rule
Date: 2009-09-14
Agency: Federal Aviation Administration, Department of Transportation
This action establishes Class E Airspace at Clayton, GA. Airspace is needed to support new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) that have been developed for Heaven's Landing Airport. As a result, controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain the SIAP and for Instrument Flight Rule (IFR) operations at the airport. The operating status of the airport will change from Visual flight Rules (VFR) to include IFR operations concurrent with the publication of the SIAP. This action enhances the safety and airspace management of Heaven's Landing Airport, Clayton, GA.
Establishment of Class E Airspace; Saluda, SC
Document Number: E9-21878
Type: Rule
Date: 2009-09-14
Agency: Federal Aviation Administration, Department of Transportation
This action establishes Class E Airspace at Saluda, SC. Airspace is needed to support new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) that have been developed for Saluda County Airport. As a result, controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain the SIAP and for Instrument Flight Rule (IFR) operations at the airport. The operating status of the airport will change from Visual flight Rules (VFR) to include IFR operations concurrent with the publication of the SIAP. This action enhances the safety and airspace management of Saluda County Airport, Saluda, SC.
Establishment of Class E Airspace; Hertford, NC
Document Number: E9-21876
Type: Rule
Date: 2009-09-14
Agency: Federal Aviation Administration, Department of Transportation
This action establishes Class E Airspace at Hertford, NC. Airspace is needed to support new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) that have been developed for Harvey Point Defense Testing Activity. As a result, controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain the SIAP and for Instrument Flight Rule (IFR) operations at the airport. The operating status of the airport will change from Visual flight Rules (VFR) to include IFR operations concurrent with the publication of the SIAP. This action enhances the safety and airspace management of Harvey Point Defense Testing Activity, Hertford, NC.
Modification of Class D and Class E Airspace, Establishment of Class E Airspace; Binghamton, NY
Document Number: E9-21839
Type: Rule
Date: 2009-09-14
Agency: Federal Aviation Administration, Department of Transportation
This action confirms the effective date of a direct final rule published in the Federal Register (73 FR 17901) that modifies the Class D and E airspace at Binghamton Regional/Edwin A. Link Field Airport in Binghamton, NY. The development of specific Approach Procedures (APs) for the airfield required that the Class D and E surface airspace be reviewed and subsequently modified to facilitate a more efficient operation at Binghamton Regional/Edwin A. Link Field Airport.
Establishment of Class E Airspace; Tompkinsville, KY
Document Number: E9-21833
Type: Rule
Date: 2009-09-14
Agency: Federal Aviation Administration, Department of Transportation
This action establishes Class E Airspace at Tompkinsville, KY. Airspace is needed to support new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) that have been developed for Tompkinsville-Monroe County Airport. As a result, controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain the SIAP and for Instrument Flight Rule (IFR) operations at the airport. The operating status of the airport will change from Visual Flight Rules (VFR) to include IFR operations concurrent with the publication of the SIAP. This action enhances the safety and airspace management of Tompkinsville-Monroe County Airport, Tompkinsville, KY.
Approval and Promulgation of Implementation Plans; New Mexico; Excess Emissions
Document Number: E9-21830
Type: Proposed Rule
Date: 2009-09-14
Agency: Environmental Protection Agency
The EPA is proposing to approve revisions to the New Mexico State Implementation Plan (SIP) submitted by the Governor of New Mexico on behalf of the New Mexico Environment Department (NMED) in a letter dated October 7, 2008 (the October 7, 2008 SIP submittal). The October 7, 2008 SIP submittal concerns revisions to New Mexico Administrative Code Title 20, Chapter 2, Part 7 Excess Emissions (20.2.7 NMACExcess Emissions) occurring during startup, shutdown, and malfunction related activities. We are proposing to approve the October 7, 2008 SIP submittal because the rule is consistent with the Clean Air Act (the Act). This action is in accordance with section 110 of the Act.
Approval and Promulgation of Implementation Plans; New Mexico; Excess Emissions
Document Number: E9-21827
Type: Rule
Date: 2009-09-14
Agency: Environmental Protection Agency
The EPA is approving revisions to the New Mexico State Implementation Plan (SIP) submitted by the Governor of New Mexico on behalf of the New Mexico Environment Department (NMED) in a letter dated October 7, 2008 (the October 7, 2008 SIP submittal). The October 7, 2008 SIP submittal concerns revisions to New Mexico Administrative Code Title 20, Chapter 2, Part 7 Excess Emissions (20.2.7 NMACExcess Emissions) occurring during startup, shutdown, and malfunction related activities. We are approving the October 7, 2008 SIP submittal because the revisions to 20.2.7 NMAC are consistent with the Clean Air Act (the Act). This action is in accordance with section 110 of the Act.
Establishment of Class E Airspace; Lewisport, KY
Document Number: E9-21813
Type: Rule
Date: 2009-09-14
Agency: Federal Aviation Administration, Department of Transportation
This action establishes Class E Airspace at Lewisport, KY. Airspace is needed to support new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) that have been developed for Hancock Co.Ron Lewis Field. As a result, controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain the SIAP and for Instrument Flight Rule (IFR) operations at the airport. The operating status of the airport will change from Visual Flight Rules (VFR) to include IFR operations concurrent with the publication of the SIAP. This action enhances the safety and airspace management of Hancock Co.Ron Lewis Field, Lewisport, KY.
Airworthiness Directives; British Aerospace Regional Aircraft Model HP.137 Jetstream Mk.1, Jetstream Series 200 and 3101, and Jetstream Model 3201 Airplanes
Document Number: E9-21741
Type: Rule
Date: 2009-09-14
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above that will supersede an existing AD. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
Inflationary Adjustments to Acquisition-Related Dollar Thresholds
Document Number: E9-21602
Type: Rule
Date: 2009-09-14
Agency: Small Business Administration, Agencies and Commissions
The U.S. Small Business Administration (SBA) is amending its regulations to implement the statutorily required inflationary adjustment of the Agency's acquisition-related dollar thresholds and to make SBA's regulations consistent with the inflationary adjustments that are already codified in the Federal Acquisition Regulation (FAR).
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: E9-21060
Type: Rule
Date: 2009-09-14
Agency: Department of Transportation, Federal Aviation Administration
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: E9-21036
Type: Rule
Date: 2009-09-14
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.
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