October 1, 2009 – Federal Register Recent Federal Regulation Documents

Television Broadcasting Services; New Orleans, LA
Document Number: E9-23709
Type: Rule
Date: 2009-10-01
Agency: Federal Communications Commission, Agencies and Commissions
The Commission grants a petition for rulemaking filed by Louisiana Media Company, LLC, the licensee of station WVUE-DT, channel 8, New Orleans, Louisiana, requesting the substitution of its pre- transition DTV channel 29 for its post-transition DTV channel 8 at New Orleans.
Medicare Program; Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2010; Correction
Document Number: E9-23708
Type: Rule
Date: 2009-10-01
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This document corrects technical errors that appeared in the final rule published in the Federal Register on August 7, 2009 entitled ``Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2010'' (74 FR 39762).
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States
Document Number: E9-23704
Type: Proposed Rule
Date: 2009-10-01
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is proposing to implement a regulatory amendment to modify the fishing vessel permit regulations to include specific terms and conditions for Federal fishing vessel permits obtained through the purchase of fishing vessels using Federal grant awards. The terms and conditions would authorize the NMFS Administrator, Northeast Region (Regional Administrator), to suspend, cancel, fail to renew, modify, or otherwise rescind any Federal fishing vessel permit, or the rights thereto, if the terms and conditions of any Federal grant award used to obtain said permit, or an associated memorandum of understanding, are violated by the grant recipient.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery off the Southern Atlantic States; Amendment 7
Document Number: E9-23703
Type: Rule
Date: 2009-10-01
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this final rule to implement Amendment 7 to the Fishery Management Plan for the Shrimp Fishery of the South Atlantic Region (FMP), as prepared and submitted by the South Atlantic Fishery Management Council (Council). For South Atlantic rock shrimp, this final rule renames the rock shrimp permit and endorsement; requires all South Atlantic shrimp permit holders to provide economic data if selected; reinstates all limited access rock shrimp endorsements for those vessel owners who renewed their open access permit in the year in which they failed to renew their limited access endorsement; removes the 15,000-lb (6,804-kg) rock shrimp landing requirement; and reinstates all limited access rock shrimp endorsements lost due to not meeting the landing requirement. NMFS also implements several non- substantive changes in codified text through this final rule. NMFS also informs the public of the approval by the Office of Management and Budget (OMB) of the collection-of-information requirement contained in this final rule and publishes the OMB control number for that collection. The intended effect of this final rule is to improve data collection, reduce permit confusion, and maintain a viable rock shrimp fishery in the South Atlantic region.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Catching Pacific Cod for Processing by the Inshore Component in the Central Regulatory Area of the Gulf of Alaska
Document Number: E9-23694
Type: Rule
Date: 2009-10-01
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific cod by vessels catching Pacific cod for processing by the inshore component in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2009 total allowable catch (TAC) of Pacific cod allocated to vessels catching Pacific cod for processing by the inshore component of the Central Regulatory Area of the GOA.
New Postal Product
Document Number: E9-23687
Type: Rule
Date: 2009-10-01
Agency: Postal Regulatory Commission, Agencies and Commissions
The Commission is adding Parcel Select & Parcel Return Service Contract 2 to the Competitive Product List. This action is consistent with changes in a recent law governing postal operations. Republication of the lists of market dominant and competitive products is also consistent with new requirements in the law.
Submission of Itineraries
Document Number: E9-23679
Type: Proposed Rule
Date: 2009-10-01
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend the Animal Welfare Act regulations to include more specific requirements in the regulations concerning the submission of itineraries by any person who is subject to the Animal Welfare Act regulations and who intends to exhibit any animal at any location other than the person's approved site(s). We believe APHIS' inspectors' access to animals, facilities, and records for unannounced inspections when animals are exhibited at a location other than at a regulated person's approved site(s) is necessary to improve compliance with the regulations and the Animal Welfare Act.
Almonds Grown in California; Revision of Outgoing Quality Control Requirements
Document Number: E9-23648
Type: Rule
Date: 2009-10-01
Agency: Agricultural Marketing Service, Department of Agriculture
The Department of Agriculture (USDA) is adopting as a final rule, without change, an interim final rule that revised the outgoing quality control regulations issued under the California almond marketing order (order). The interim final rule revised the term ``validation'' under the Salmonella bacteria (Salmonella) treatment program by specifying that validation data must be both submitted to and accepted by the Almond Board of California's (Board) Technical Expert Review Panel (TERP) for all treatment equipment prior to its use under this program. The interim final rule was necessary to ensure that all treatment equipment meets a 4-log reduction of Salmonella in almonds.
Modification to Consolidated Return Regulation Permitting an Election To Treat a Liquidation of a Target, Followed by a Recontribution to a New Target, as a Cross-Chain Reorganization; Correction
Document Number: E9-23646
Type: Rule
Date: 2009-10-01
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains corrections to temporary regulations (TD 9458) that were published in the Federal Register on Friday, September 4, 2009 (74 FR 45757) modifying the election under which a consolidated group can avoid immediately taking into account an intercompany item after the liquidation of a target corporation. This modification was made necessary in light of the regulations under
Modification to Consolidated Return Regulation Permitting an Election To Treat a Liquidation of a Target, Followed by a Recontribution to a New Target, as a Cross-Chain Reorganization; Correction
Document Number: E9-23645
Type: Proposed Rule
Date: 2009-10-01
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains corrections to a notice of proposed rulemaking by cross-reference to temporary regulations (REG-139068-08) that were published in the Federal Register on Friday, September 4, 2009 (74 FR 45789) modifying the election under which a consolidated group can avoid immediately taking into account an intercompany item after the liquidation of a target corporation. This modification was made necessary in light of the regulations under
Drawbridge Operation Regulation; Cerritos Channel, Long Beach, CA
Document Number: E9-23643
Type: Rule
Date: 2009-10-01
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 Commodore Schuyler F. Heim drawbridge across Cerritos Channel, mile 4.9, at Long Beach, CA. The deviation is necessary to allow film industry use of the drawbridge. This deviation allows the bridge to remain secured at various elevations including the closed-to-navigation position during the filming operation.
Security Zone; Naval Base Point Loma; San Diego Bay, San Diego, CA
Document Number: E9-23642
Type: Rule
Date: 2009-10-01
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is expanding a naval security zone. The expanded zone will encompass a nearby, separate security zone in its entirety. The subsumed security zone will be removed from the regulations. This action also includes the installation of water barriers within the expanded security zone. These water borne barriers will provide a line of demarcation and a defensive measure as a safeguard from destruction, loss, or injury from sabotage or other subversive acts, accidents, or other causes of a similar nature. No persons or vessel may enter or remain in the security zone without permission of the Captain of the Port, the Commander of Naval Base Point Loma, the Commander of Naval Region Southwest, or a designated representative of those individuals.
Gulf of the Farallones and Monterey Bay National Marine Sanctuaries Regulations on Introduced Species
Document Number: E9-23576
Type: Proposed Rule
Date: 2009-10-01
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The National Oceanic and Atmospheric Administration (NOAA) is proposing to revise its regulations on the introduction of introduced species into the Gulf of the Farallones and Monterey Bay national marine sanctuaries (GFNMS and MBNMS, respectively). This action is being taken in response to a letter received by the Governor of California on December 23, 2008. The Governor certified that the terms of designation to regulate introduced species in these sanctuaries were unacceptable in State waters of the sanctuaries. In response to the Governor's letter, NOAA is proposing to modify its regulations to except all State-permitted aquaculture activities in the two sanctuaries.
Airworthiness Directives; Boeing Model 747-100, -100B, -100B SUD, -200B, -200C, -200F, -300, -400, -400D, -400F, and 747SR Series Airplanes
Document Number: E9-23555
Type: Rule
Date: 2009-10-01
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Boeing Model 747 airplanes identified above. This AD requires replacing the inboard trailing edge (TE) flap transmission carbon disk no-back brakes with skewed roller no-back brakes at the TE flap transmission, positions 4 and 5. This AD results from reports of the inboard TE flaps blowing back due to the failure of a transmission carbon disk no-back brake. The no-back brake did not hold the TE flaps in the commanded position. We are issuing this AD to prevent a decrease of the aerodynamic controllability of the airplane, which could adversely affect the airplane's continued safe flight and landing.
Availability of Official Information
Document Number: E9-23553
Type: Rule
Date: 2009-10-01
Agency: Federal Labor Relations Authority, Agencies and Commissions
This final rule amends the Federal Labor Relations Authority's (Authority) regulations implementing the Freedom of Information Act, as amended. The final rule adds provisions to the regulations for compliance with the OPEN Government Act of 2007, and the Electronic Freedom of Information Act Amendments of 1996. The final rule amends the regulations to reflect changes required by Executive Order 12600 and Executive Order 13392. The final rules also update the regulations to reflect changes in the Authority's policies and procedures. As a result of these amendments to the regulations, the public will have a clearer understanding of the Authority's policies and procedures implementing the FOIA.
Airworthiness Directives; Glaser-Dirks Flugzeugbau GmbH Model DG-100 Gliders
Document Number: E9-23543
Type: Rule
Date: 2009-10-01
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 the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/ALL-025 Law Enforcement Authority in Support of the Protection of Property Owned or Occupied by the Department of Homeland Security
Document Number: E9-23525
Type: Rule
Date: 2009-10-01
Agency: Office of the Secretary, Department of Homeland Security
The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a Department of Homeland Security system of records entitled the ``Department of Homeland Security/ALL025 Law Enforcement Authority in Support of the Protection of Property Owned or Occupied by the Department of Homeland Security System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the Department of Homeland Security/ALL025 Law Enforcement Authority in Support of the Protection of Property Owned or Occupied by the Department of Homeland Security system from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/ALL-023 Personnel Security Management System of Records
Document Number: E9-23524
Type: Rule
Date: 2009-10-01
Agency: Office of the Secretary, Department of Homeland Security
The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a Department of Homeland Security system of records entitled the ``Department of Homeland Security/ALL023 Personnel Security Management System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the Department of Homeland Security/ ALL023 Personnel Security Management system from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Postmarketing Safety Reporting for Combination Products
Document Number: E9-23519
Type: Proposed Rule
Date: 2009-10-01
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) proposes to amend the combination product regulations to set forth postmarketing safety reporting requirements for combination products. Specifically, the rule will clarify the postmarketing safety reporting requirements that apply when regulated articles (drugs, devices, and biological products) are combined to create a combination product. The proposed rule is intended to promote and protect the public health by clarifying requirements for postmarketing safety reporting for combination products, and is part of FDA's ongoing effort to ensure the consistency and appropriateness of the regulatory requirements for combination products.
Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/ALL-017 General Legal Records System of Records
Document Number: E9-23514
Type: Rule
Date: 2009-10-01
Agency: Office of the Secretary, Department of Homeland Security
The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a Department of Homeland Security system of records entitled the ``Department of Homeland Security/ALL017 General Legal Records System of Records'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the Department of Homeland Security/ALL017 General Legal Records system from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Airworthiness Directives; Boeing Model 737-300, -400, and -500 Series Airplanes Equipped With a Digital Transient Suppression Device (DTSD) Installed in Accordance With Supplemental Type Certificate (STC) ST00127BO
Document Number: E9-23509
Type: Rule
Date: 2009-10-01
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Boeing Model 737-300, -400, and -500 series airplanes. This AD requires revising the maintenance program to include new fuel system limitations for airplanes modified in accordance with STC ST00127BO. This AD also requires inspections and checks of the DTSDs and corrective actions, if necessary. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent a potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in a fuel tank fire or explosion and consequent loss of the airplane.
Airworthiness Directives; Boeing Model 727 Airplanes
Document Number: E9-23508
Type: Rule
Date: 2009-10-01
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 727 airplanes. This AD requires performing an operational test of the engine fuel suction feed of the fuel system, and other related testing and corrective actions if necessary. This AD results from a report of in-service occurrences of loss of fuel system suction feed capability, followed by total loss of pressure of the fuel feed system. We are issuing this AD to detect and correct failure of the engine fuel suction feed capability of the fuel system, which could result in multi-engine flameout, inability to restart the engines, and consequent forced landing of the airplane.
Airworthiness Directives; Boeing Model 767-200, -300, and -300F Series Airplanes
Document Number: E9-23506
Type: Rule
Date: 2009-10-01
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Boeing Model 767-200, -300, and -300F series airplanes. This AD requires repetitive inspections for fatigue cracking and corrosion of the upper link fuse pin of the nacelle struts, and related investigative and corrective actions if necessary. This AD also provides terminating action for the repetitive inspections. This AD results from two reports of cracked upper link fuse pins. We are issuing this AD to prevent fatigue cracking or corrosion of the upper link fuse pin, which could result in failure of the fuse pin and consequent reduced structural integrity of the nacelle strut and possible separation of the strut and engine from the airplane during flight.
2008-2009 Refuge-Specific Hunting and Sport Fishing Regulations-Modifications; Corrections
Document Number: E9-23482
Type: Rule
Date: 2009-10-01
Agency: Fish and Wildlife Service, Department of the Interior
On September 3, 2009, we published a final rule in the Federal Register implementing pertinent refuge-specific regulations and amending 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. The rule contained errors in the amendatory language and the regulatory text. This document corrects those errors.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: E9-23103
Type: Rule
Date: 2009-10-01
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: E9-23101
Type: Rule
Date: 2009-10-01
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.
Recodification of the Shipping Act as Positive Law
Document Number: E9-22659
Type: Rule
Date: 2009-10-01
Agency: Federal Maritime Commission, Agencies and Commissions
This rule amends Commission regulations to reflect the codification of the Shipping Act as positive law. No substantive change is involved.
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