September 21, 2009 – Federal Register Recent Federal Regulation Documents

Updated Statements of Legal Authority for the Export Administration Regulations
Document Number: E9-22677
Type: Rule
Date: 2009-09-21
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This rule updates the Code of Federal Regulations legal authority citations for the Export Administration Regulations (EAR) to include the citation to the President's Notice of August 13, 2009 Continuation of Emergency Regarding Export Control Regulations.
Airworthiness Directives; Airbus Model A300 B2-1C, B2-203, B2K-3C, B4-103, B4-203, B4-2C Airplanes; Model A310 Airplanes; and Model A300 B4-601, B4-603, B4-605R, B4-620, B4-622, and B4-622R Airplanes
Document Number: E9-22667
Type: Proposed Rule
Date: 2009-09-21
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:
Solicitation of Input from Stakeholders on Revised Fees for the Export Credit Guarantee (GSM-102) Program
Document Number: E9-22661
Type: Proposed Rule
Date: 2009-09-21
Agency: Department of Agriculture, Commodity Credit Corporation
This notice solicits comments on proposed revisions to the fee rate schedule for the U.S. Department of Agriculture (USDA), Commodity Credit Corporation (CCC) Export Credit Guarantee Program (GSM-102). The Food, Conservation, and Energy Act of 2008 (the Act) amended certain GSM-102 program provisions related to fees. CCC's goals in proposing this revised fee structure are to create fees more commensurate with risk, generate additional program revenue in fiscal year (FY) 2010 to offset program costs, and consider allowing program participation by riskier countries.
Airworthiness Directives; Empresa Brasileira de Aeronáutica S.A. (EMBRAER) Model EMB-500 Airplanes
Document Number: E9-22642
Type: Proposed Rule
Date: 2009-09-21
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: It has been found the possibility of elevator mass balance fasteners becoming slack under certain conditions. The loose of at least two fasteners may lead to an unbalance condition, which may induce flutter on airplane elevators.
Airworthiness Directives; ZLT Zeppelin Luftschifftechnik GmbH & Co KG Model LZ N07-100 Airships
Document Number: E9-22641
Type: Proposed Rule
Date: 2009-09-21
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: The manufacturer has advised of receiving a report that during start up on ground a RH propeller gear box (PGB) on the airship has failed resulting in free rotation of the propeller. Investigation performed by the manufacturer revealed that the bevel gear in the propeller gearbox had cracked near the hub area. During an extensive metallurgical investigation of the cracked bevel gear some different manufacturing deviations outside of the specifications were detected. Deviations in the heat treatment, wall thickness of the bevel gear near the hub area, and score marks caused during the production process have been established as causal factors for this failure.
Airworthiness Directives; Vulcanair S.p.A. Models P 68, P 68B, P 68C, P 68C-TC, and P 68 “OBSERVER” Airplanes
Document Number: E9-22640
Type: Proposed Rule
Date: 2009-09-21
Agency: Federal Aviation Administration, Department of Transportation
We propose to supersede Airworthiness Directive (AD) 85-08-04, which applies to certain Vulcanair S.p.A. (Vulcanair) Models P 68, P 68B, P 68C, P 68C-TC, and P 68 ``OBSERVER'' airplanes. AD 85-08-04 currently requires you to repetitively visually inspect the front and rear wing spars for cracks. If cracks are found, AD 85-08-04 requires you to modify the wing spars. The wing spar modification terminates the repetitive inspection AD action and may be installed before cracks develop. Since we issued AD 85-08-04, the manufacturer revised the modification kit and identified additional airplane serial numbers that require the inspection and/or modification. Consequently, this proposed AD would retain the actions of AD 85-08-04, allow you to install the revised modification kit, and add additional serial numbers to the Applicability section. We are proposing this AD to detect and correct cracks in the front and rear wing spar, which could result in the wing separating from the airplane. This failure could lead to loss of control.
Emerald Ash Borer; Quarantined Areas; Maryland, Michigan, Minnesota, Missouri, Pennsylvania, Virginia, West Virginia, and Wisconsin
Document Number: E9-22635
Type: Rule
Date: 2009-09-21
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the emerald ash borer regulations by adding areas in Maryland, Michigan, Minnesota, Missouri, Pennsylvania, Virginia, West Virginia, and Wisconsin to the list of areas quarantined because of emerald ash borer. As a result of this action, the interstate movement of regulated articles from those areas is restricted. This action is necessary to prevent the artificial spread of the emerald ash borer from infested areas in the States of Maryland, Michigan, Minnesota, Missouri, Pennsylvania, Virginia, West Virginia, and Wisconsin into noninfested areas of the United States.
Gypsy Moth Generally Infested Areas; Illinois, Indiana, Maine, Ohio, and Virginia
Document Number: E9-22634
Type: Rule
Date: 2009-09-21
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the gypsy moth regulations by adding areas in Illinois, Indiana, Maine, Ohio, and Virginia to the list of generally infested areas based on the detection of infestations of gypsy moth in those areas. As a result of this action, the interstate movement of regulated articles from those areas is restricted. This action is necessary to prevent the artificial spread of the gypsy moth to noninfested areas of the United States.
Pine Shoot Beetle; Additions to Quarantined Areas
Document Number: E9-22633
Type: Rule
Date: 2009-09-21
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the pine shoot beetle regulations by adding the entire State of Ohio and counties in Maine and Indiana to the list of quarantined areas. We are taking this action following the detection of pine shoot beetle in those areas. This action is necessary to prevent the spread of pine shoot beetle, a pest of pine trees, into noninfested areas of the United States.
Regulation of the Interstate Movement of Lemons From an Area Quarantined for Mediterranean Fruit Fly
Document Number: E9-22631
Type: Proposed Rule
Date: 2009-09-21
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend the list of regulated articles in our domestic fruit fly quarantine regulations. The regulations currently indicate that smooth-skinned lemons (all varieties of Citrus limon) harvested for packing by commercial packinghouses are not regulated articles for Mediterranean fruit fly. We are proposing to amend the regulations to designate all yellow lemons as regulated articles. This proposed change is based on research indicating that, under certain conditions, yellow lemons are a host for Mediterranean fruit fly. As a result of this proposed action, yellow lemons produced in an area quarantined for Mediterranean fruit fly would be subject to certain interstate movement restrictions in order to prevent the spread of that pest into uninfested areas of the United States.
Annual Submission of Tax Information for Use in the Revenue Shortfall Allocation Method
Document Number: E9-22604
Type: Proposed Rule
Date: 2009-09-21
Agency: Surface Transportation Board, Department of Transportation
The Surface Transportation Board (Board) proposes that the Association of American Railroads (AAR) annually update each Class I railroad's weighted average State tax rate for use in the Revenue Shortfall Allocation Method (RSAM), which is one of three benchmarks that together are used to determine the reasonableness of a challenged rate under the Board's Simplified Standards for Rail Rate Cases, STB Docket No. 646 (Sub-No. 1) (STB served Sept. 5, 2007) (Simplified Standards). Pursuant to 49 U.S.C. 11145, the Board proposes that AAR calculate the weighted average State tax rate using the number of miles operated by each Class I carrier in each state and the corporate income tax rates for each State. The Board proposes that AAR submit this information on or before the due date for the Class I railroads to submit their Annual Report R-1, Schedule 250.
Conservation Stewardship Program
Document Number: E9-22597
Type: Rule
Date: 2009-09-21
Agency: Department of Agriculture, Commodity Credit Corporation
The Natural Resources Conservation Service (NRCS), on behalf of the Commodity Credit Corporation, published in the Federal Register of July 29, 2009, an interim final rule with request for comment establishing the program framework for implementation of the Conservation Stewardship Program (CSP). The July 29, 2009, interim final rule established a 60-day comment period that closes on September 28, 2009. This document extends the comment period an additional 30-day period to provide the public an opportunity to comment upon the implementation of the program through the first sign-up and ranking period that closes September 30, 2009.
Expansion of Enrollment in the VA Health Care System; Correction
Document Number: E9-22591
Type: Rule
Date: 2009-09-21
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) published a final rule in the Federal Register on May 15, 2009 (74 FR 22832), amending its medical regulations regarding enrollment in the VA health care system. In particular, it established additional sub-priorities within enrollment priority category 8 and provided that beginning on the effective date of the rule, VA will begin enrolling priority category 8 veterans whose income exceeds the current means test and geographic means test income thresholds by 10 percent or less. A provision in the regulatory text contained a reference to the effective date of the regulation instead of providing the actual effective date. This document clarifies the beginning date VA will enroll the priority categories of veterans set forth in the regulation which is June 15, 2009.
Proposed Flood Elevation Determinations
Document Number: E9-22581
Type: Proposed Rule
Date: 2009-09-21
Agency: Federal Emergency Management Agency, Department of Homeland Security
Comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents, and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.
Airworthiness Directives; Dassault Model Falcon 10 Airplanes; Model Fan Jet Falcon Airplanes; Model Mystere-Falcon 200 Airplanes; Model Mystere-Falcon 20-C5, 20-D5, 20-E5, and 20-F5 Airplanes; Model Falcon 2000 and Falcon 2000EX Airplanes; and Model Mystere-Falcon 50 and 900, and Falcon 900EX Airplanes
Document Number: E9-22576
Type: Proposed Rule
Date: 2009-09-21
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:
Airworthiness Directives; Boeing Model 727-281 Airplanes Equipped With Auxiliary Fuel Tanks Installed in Accordance With Supplemental Type Certificate SA3449NM
Document Number: E9-22575
Type: Rule
Date: 2009-09-21
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Boeing Model 727-281 airplanes. This AD requires deactivation of Rogerson Aircraft Corporation auxiliary fuel tanks. This AD results from fuel system reviews conducted by the manufacturer, which identified potential unsafe conditions but has not provided associated corrective actions. We are issuing this AD to prevent the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.
Rural Development Guaranteed Loans
Document Number: E9-22527
Type: Rule
Date: 2009-09-21
Agency: Department of Agriculture, Rural Business-Cooperative Service, Rural Housing Service, Rural Utilities Service
On December 17, 2008, USDA Rural Development published an interim rule with request for comments establishing a unified guaranteed loan platform for the enhanced delivery of four existing Rural Development guaranteed loan programsCommunity Facility; Water and Waste Disposal; Business and Industry; and Renewable Energy Systems and Energy Efficiency Improvement Projects. Having considered the comments received on the interim rule and for the reasons explained below, Rural Development is withdrawing the interim rule for Rural Development Guaranteed Loans.
Performance of Actuarial Services Under the Employee Retirement Income Security Act of 1974
Document Number: E9-22454
Type: Proposed Rule
Date: 2009-09-21
Agency: Joint Board for the Enrollment of Actuaries, Joint Board for Enrollment of Actuaries, Agencies and Commissions
This document contains proposed amendments to 20 CFR part 901 relating to the enrollment of actuaries under section 3042 of the Employee Retirement Income Security Act of 1974 (ERISA). The proposed amendments would update the eligibility requirements for performing actuarial services for ERISA-covered employee pension benefit plans, including the continuing education requirements, and the standards for performing such actuarial services. The proposed amendments would affect employee pension benefit plans and the actuaries providing actuarial services to those plans.
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