October 9, 2009 – Federal Register Recent Federal Regulation Documents

Drawbridge Operation Regulations; Elizabeth River, Eastern Branch, VA
Document Number: E9-24486
Type: Rule
Date: 2009-10-09
Agency: Coast Guard, Department of Homeland Security
The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Berkley Bridge across the Eastern Branch of the Elizabeth River, mile 0.4, at Norfolk, Virginia. This deviation will test a change in the drawbridge operation schedule to determine whether a schedule change is needed.
Drawbridge Operation Regulation; Elizabeth River, Eastern Branch, Norfolk, VA
Document Number: E9-24485
Type: Proposed Rule
Date: 2009-10-09
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to temporarily change the regulations that govern the operation of the Berkley Bridge, mile 0.4, across the Eastern Branch of the Elizabeth River, Norfolk, VA. Due to the temporary closure of two area bridges, the Berkley Bridge has experienced an increase in traffic volume. The proposed change would provide set opening periods for the bridge during the day, relieving vehicular traffic congestion during the weekday daytime hours while still providing for the reasonable needs of navigation.
Michigan: Final Authorization of State Hazardous Waste Management Program Revision
Document Number: E9-24464
Type: Proposed Rule
Date: 2009-10-09
Agency: Environmental Protection Agency
Michigan has applied to EPA for final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has reviewed Michigan's application and has preliminarily determined that these changes satisfy all requirements needed to qualify for final authorization, and is proposing to authorize Michigan's changes.
Television Broadcasting Services; Jackson and Laurel, MS
Document Number: E9-24451
Type: Rule
Date: 2009-10-09
Agency: Federal Communications Commission, Agencies and Commissions
The Commission grants a petition for rulemaking filed by commonly-owned WLBT License Subsidiary, LLC and WDAM License Subsidiary, LLC, the licensees of stations WLBT(TV), channel 7, Jackson, Mississippi, and WDAM-TV, channel 28, Laurel, Mississippi, requesting the substitution of channel 30 for WLBT(TV)'s assigned channel 7 at Jackson and the substitution of channel 7 for WDAM-TV's assigned channel 28 at Laurel.
Airworthiness Directives; PILATUS Aircraft Ltd. Model PC-7 Airplanes
Document Number: E9-24450
Type: Proposed Rule
Date: 2009-10-09
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:
Minimum Internal Control Standards for Class II Gaming
Document Number: E9-24434
Type: Rule
Date: 2009-10-09
Agency: Department of the Interior, National Indian Gaming Commission
The National Indian Gaming Commission (``NIGC'') announces the extension of the effective date on the final rule for Minimum Internal Control Standards for Class II Gaming. The final rule was published in the Federal Register on October 10, 2008. The Commission has changed the effective date for the amendments to Sec. Sec. 542.7 and 542.16 as well as the date for operations to implement tribal internal controls found in 543.3(c)(3) to October 13, 2010, in order to extend the transition time.
Medical Devices; Immunology and Microbiology Devices; Classification of Respiratory Viral Panel Multiplex Nucleic Acid Assay
Document Number: E9-24432
Type: Rule
Date: 2009-10-09
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is announcing the classification of the respiratory viral panel multiplex nucleic acid assay into class II (special controls). The special controls that will apply to the device are three guidance documents entitled: ``Class II Special Controls Guidance Document: Respiratory Viral Panel Multiplex Nucleic Acid Assay,'' as applicable, ``Class II Special Controls Guidance Document: Testing for Human Metapneumovirus (hMPV) Using Nucleic Acid Assays,'' and as applicable,``Class II Special Controls Guidance Document: Testing for Detection and Differentiation of Influenza A Virus Subtypes Using Multiplex Nucleic Acid Assays.'' The agency classified the device into class II (special controls) in order to provide a reasonable assurance of safety and effectiveness of the device. Elsewhere in this issue of the Federal Register, FDA is announcing the availability of the guidance documents that will serve as the special controls for this device.
Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel in the Bering Sea and Aleutian Islands Management Area
Document Number: E9-24425
Type: Rule
Date: 2009-10-09
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is opening directed fishing for Atka mackerel in the Eastern Aleutian District and the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI) for vessels participating in the BSAI trawl limited access fishery. This action is necessary to fully use the 2009 total allowable catch (TAC) of Atka mackerel in these areas specified for vessels participating in the BSAI trawl limited access fishery.
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 610 in the Gulf of Alaska
Document Number: E9-24420
Type: Rule
Date: 2009-10-09
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 2009 total allowable catch (TAC) of pollock for Statistical Area 610 in the GOA.
Inert Ingredients; Extension of Effective Date of Revocation of Certain Tolerance Exemptions with Insufficient Data for Reassessment
Document Number: E9-24415
Type: Rule
Date: 2009-10-09
Agency: Environmental Protection Agency
This document moves the effective date of the revocation of six inert ingredient tolerance exemptions as set forth in the Federal Register on August 7, 2009 (74 FR 39543).
References to Ratings of Nationally Recognized Statistical Rating Organizations
Document Number: E9-24365
Type: Proposed Rule
Date: 2009-10-09
Agency: Securities and Exchange Commission, Agencies and Commissions
The Securities and Exchange Commission is re-opening the comment period on certain of the proposed rule amendments to remove references to ratings of Nationally Recognized Statistical Rating Organizations proposed in Release Nos. 33-8940 [73 FR 40106 (July 11, 2008)], 34-58070 [73 FR 40088 (July 11, 2008)], and IC-28327 [73 FR 40124 (July 11, 2008)] ``Proposing Releases''). Today, in a companion release, the Commission is taking action on some of the amendments in the Proposing Releases. In view of the continuing public interest in the Proposing Releases and the Commission's desire to receive additional comment, we believe that it is appropriate to re-open the comment period before we take further action on certain proposals made in the Proposing Releases.
References to Ratings of Nationally Recognized Statistical Rating Organizations
Document Number: E9-24364
Type: Rule
Date: 2009-10-09
Agency: Securities and Exchange Commission, Agencies and Commissions
The Securities and Exchange Commission (``Commission'') is adopting amendments to certain of its rules and forms to remove references to securities credit ratings. The Commission is eliminating certain references to credit ratings issued by nationally recognized statistical rating organizations (``NRSROs'') in rules and forms under the Securities Exchange Act of 1934 related to the regulation of self- regulatory organizations and alternative trading systems, and in rules under the Investment Company Act of 1940 that affect an investment company's ability to purchase refunded securities and securities in underwritings in which an affiliate is participating. The Commission believes that the references to credit ratings in these rules and forms are no longer warranted as serving their intended purposes. The
Prohibition of the Escrowing of Tax Credit Equity
Document Number: E9-24338
Type: Proposed Rule
Date: 2009-10-09
Agency: Department of Housing and Urban Development
This proposed rule would conform HUD's Federal Housing Administration (FHA) multifamily mortgage insurance regulations to a provision in Title VIII of the Housing and Economic Recovery Act of 2008 that prohibits a requirement that tax credit sales proceeds be placed into escrow, at the time of initial endorsement, for assurance of project completion and to pay the initial service charge, carrying charges, and legal and organizational expenses incident to the construction of the project. This rule would not prohibit HUD from requiring escrows of funds for other purposes, such as for working capital. The rule would also make other changes intended to reduce burdens on the use of tax credits.
Stamped Mail Over 13 Ounces Must Be Presented at a Retail Service Counter
Document Number: E9-24332
Type: Rule
Date: 2009-10-09
Agency: Postal Service, Agencies and Commissions
The Postal Service is revising the Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM[reg]) to require all mailpieces weighing more than 13 ounces bearing only postage stamps be presented to a Postal Service employee at a retail service counter in a Post Office\TM\.
Customer Deposit of International Mailpieces
Document Number: E9-24331
Type: Rule
Date: 2009-10-09
Agency: Postal Service, Agencies and Commissions
The Postal Service is revising the Mailing Standards of the United States Postal Service, International Mail Manual (IMM[supreg]) to require all mailpieces weighing more than 13 ounces and bearing only postage stamps be presented to an employee at a retail service counter in a Post OfficeTM.
Walnuts Grown in California; Changes to Regulations Governing Voting Procedures
Document Number: E9-24299
Type: Proposed Rule
Date: 2009-10-09
Agency: Agricultural Marketing Service, Department of Agriculture
This rule invites comments on revisions to the administrative regulations governing voting procedures for the California Walnut Board (Board). The Board locally administers the marketing order that regulates the handling of walnuts grown in California (order). This rule would specify the voting procedures to be used for expanded types of non-assembled meetings and remove voting by telegraph. This would enable the Board to conduct business using current communication methods, which would result in time and cost savings to the Board and its members.
Congestion Management Rule for John F. Kennedy International Airport and Newark Liberty International Airport
Document Number: E9-24235
Type: Rule
Date: 2009-10-09
Agency: Federal Aviation Administration, Department of Transportation
The FAA is rescinding the final rule Congestion Management Rule for John F. Kennedy International Airport and Newark Liberty
Congestion Management Rule for LaGuardia Airport
Document Number: E9-24232
Type: Rule
Date: 2009-10-09
Agency: Federal Aviation Administration, Department of Transportation
The FAA is rescinding the final rule Congestion Management Rule for LaGuardia Airport. The final rule established procedures to
Amendment of Class E Airspace; Platteville, WI
Document Number: E9-24226
Type: Rule
Date: 2009-10-09
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace at Platteville, WI. Additional controlled airspace is necessary to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAP) at Platteville Municipal Airport, Platteville, WI. This action also reflects the name change of the airport from Grant County Airport and updates the geographic coordinates to coincide with the FAAs National Aeronautical Charting Office. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at Platteville Municipal Airport.
Online Posting of Certain DOE Categorical Exclusion Determinations; Policy Statement
Document Number: E9-24220
Type: Rule
Date: 2009-10-09
Agency: Department of Energy
To further transparency and openness in its implementation of the National Environmental Policy Act (NEPA), the Department of Energy (DOE) has established a new policy with regard to the online posting of certain categorical exclusion determinations. Under the new policy, each Program and Field Office (including the National Nuclear Security Administration and the Power Marketing Administrations) will document and post online all categorical exclusion determinations involving classes of actions listed in Appendix B to Subpart D of the Department's NEPA regulations, 10 CFR Part 1021. Posted categorical exclusion determinations shall not disclose classified, confidential, or other information that DOE otherwise would not disclose pursuant to the Freedom of Information Act (5 U.S.C. Part 552). Generally, each Program and Field Office will post categorical exclusion determinations on its Web site; where this is not feasible, the Office of NEPA Policy and Compliance will post categorical exclusions on the DOE NEPA Web site (https://www.gc.energy.gov/nepa).
Modification of Class E Airspace; Pueblo, CO
Document Number: E9-24168
Type: Rule
Date: 2009-10-09
Agency: Federal Aviation Administration, Department of Transportation
This action will modify Class E airspace at Pueblo, CO. Additional controlled airspace is necessary to facilitate vectoring of Instrument Flight Rules (IFR) traffic from en route airspace to Pueblo Memorial Airport, CO. The FAA is taking this action to enhance the safety and management of aircraft operations at Pueblo Memorial Airport, CO.
Establishment of Class E Airspace; Little River, CA
Document Number: E9-24166
Type: Rule
Date: 2009-10-09
Agency: Federal Aviation Administration, Department of Transportation
This action will establish Class E airspace at Little River, CA. Controlled airspace is necessary to accommodate aircraft using a new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedure (SIAP) at Little River Airport, Little River, CA. This will improve the safety of Instrument Flight Rules (IFR) aircraft executing the new RNAV (GPS) SIAP at Little River Airport, Little River, CA.
Quarterly Listings; Safety Zones, Security Zones, Special Local Regulations, Regulated Navigation Areas, and Drawbridge Operation Regulations
Document Number: E9-24135
Type: Rule
Date: 2009-10-09
Agency: Coast Guard, Department of Homeland Security
This document provides required notice of substantive rules issued by the Coast Guard and temporarily effective between February 2006 and January 2008, that expired before they could be published in the Federal Register. This notice lists temporary safety zones, security zones, special local regulations, regulated navigation areas and drawbridge operation regulations, all of limited duration and for which timely publication in the Federal Register was not possible.
Endangered and Threatened Wildlife and Plants: Final Rulemaking To Designate Critical Habitat for the Threatened Southern Distinct Population Segment of North American Green Sturgeon
Document Number: E9-24067
Type: Rule
Date: 2009-10-09
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, the National Marine Fisheries Service (NMFS), designate critical habitat for the threatened Southern distinct population segment of North American green sturgeon (Southern DPS of green sturgeon) pursuant to section 4 of the Endangered Species Act (ESA). Specific areas proposed for designation include: Coastal U.S. marine waters within 60 fathoms (fm) depth from Monterey Bay, California (including Monterey Bay), north to Cape Flattery, Washington, including the Strait of Juan de Fuca, Washington, to its United States boundary; the Sacramento River, lower Feather River, and lower Yuba River in California; the Sacramento-San Joaquin Delta and Suisun, San Pablo, and San Francisco bays in California; the lower Columbia River estuary; and certain coastal bays and estuaries in California (Humboldt Bay), Oregon (Coos Bay, Winchester Bay, Yaquina Bay, and Nehalem Bay), and Washington (Willapa Bay and Grays Harbor). This rule designates approximately 515 kilometer (km) (320 miles (mi)) of freshwater river habitat, 2,323 km\2\ (897 mi\2\) of estuarine habitat, 29,581 km\2\ (11,421 mi\2\) of marine habitat, 784 km (487 mi) of habitat in the Sacramento-San Joaquin Delta, and 350 km\2\ (135 mi\2\) of habitat within the Yolo and Sutter bypasses (Sacramento River, CA) as critical habitat for the Southern DPS of green sturgeon.
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