October 14, 2009 – Federal Register Recent Federal Regulation Documents

Assessments: Paperwork Reduction Act Notice
Document Number: E9-24822
Type: Proposed Rule
Date: 2009-10-14
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions
On October 2, 2009, the Federal Deposit Insurance Corporation (FDIC) issued a notice of proposed rulemaking with request for comments to amend its assessment regulations to require insured institutions to prepay, on December 30, 2009, their estimated quarterly risk-based assessments for the fourth quarter of 2009, and for all of 2010, 2011, and 2012. The FDIC would begin to offset prepaid assessments on March 30, 2010, representing payment for the fourth quarter of 2009 (see 74 FR 51063 (Oct. 2, 2009)). The FDIC is supplementing that notice of proposed rulemaking with a Paperwork Reduction Act analysis and seeking comment on the Paperwork Reduction Act implications of the proposed rule.
Approval and Promulgation of Air Quality Implementation Plans; Tennessee; Clean Air Interstate Rule
Document Number: E9-24705
Type: Proposed Rule
Date: 2009-10-14
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to the Tennessee State Implementation Plan (SIP) submitted by the State of Tennessee through the Tennessee Department of Environment and Conservation on July 13, 2009. This revision incorporates provisions related to the implementation of EPA's Clean Air Interstate Rule (CAIR), promulgated on May 12, 2005, subsequently revised on April 28, 2006, and December 13, 2006, and the CAIR Federal Implementation Plan (FIP) concerning Sulfur Dioxide (SO2), Nitrogen Oxides (NOX) annual, and NOX ozone season emissions for the State of Tennessee, promulgated on April 28, 2006, and subsequently revised December 13, 2006. Although the District of Columbia Circuit Court found CAIR to be flawed, the rule was remanded without vacatur and thus remains in place. EPA is continuing to approve CAIR provisions into SIPs as appropriate. EPA previously approved an ``abbreviated SIP'' for Tennessee, primarily consisting of rules governing allocation of allowances to electric generating units (EGUs) for use in the trading programs established pursuant to CAIR and providing for voluntary opt- in to these programs on August 20, 2007 (72 FR 46388), effective on October 19, 2007. Tennessee has now requested, in a revised submittal dated September 21, 2009, and a clarification letter dated September 24, 2009, that EPA act on a portion of the July 13, 2009, submittal as an abbreviated SIP.
Emissions Factors Program Improvements
Document Number: E9-24684
Type: Proposed Rule
Date: 2009-10-14
Agency: Environmental Protection Agency
The purpose of this Advanced Notice of Proposed Rulemaking (ANPRM) is to convey issues raised by stakeholders about EPA's emissions factors program, inform the public of our initial ideas on
Wyoming Regulatory Program
Document Number: E9-24682
Type: Rule
Date: 2009-10-14
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement, Surface Mining Reclamation and Enforcement Office
We are issuing a final decision on an amendment to the Wyoming regulatory program (the ``Wyoming program'') under the Surface Mining Control and Reclamation Act of 1977 (``SMCRA'' or ``the Act''). Our decision approves in part, disapproves in part and defers in part the amendment. Wyoming proposed revisions to and additions of rules concerning self-bonding requirements (Administrative Record No. WY-40- 01) under SMCRA (30 U.S.C. 1201 et seq.). Wyoming sent the amendment to reflect changes made at its own initiative. Wyoming intends to revise its program to increase the flexibility of its self-bonding program and at the same time not increase the risk to the State.
Pears Grown in Oregon and Washington; Increased Assessment Rate
Document Number: E9-24681
Type: Rule
Date: 2009-10-14
Agency: Agricultural Marketing Service, Department of Agriculture
This rule increases the assessment rate established for the Processed Pear Committee (PPC) for the 2009-2010 and subsequent fiscal periods from $6.25 to $8.41 per ton for ``summer/fall'' pears for canning. The PPC is responsible for local administration of the marketing order regulating the handling of pears for processing grown in Oregon and Washington. Assessments upon handlers of pears for processing are used by the PPC to fund reasonable and necessary expenses of the program. The fiscal period for the marketing order begins July 1 and ends June 30. The assessment rate will remain in effect indefinitely unless modified, suspended or terminated.
Technical Correction To Remove Obsolete Compliance Date Provisions From Electronic Cargo Information Regulations
Document Number: E9-24668
Type: Rule
Date: 2009-10-14
Agency: Department of Homeland Security, Bureau of Customs and Border Protection
This final rule removes the compliance date provisions of various sections of the CBP regulations pertaining to mandatory advance electronic transmission of in-bound and out-bound cargo information. As all the provisions requiring advance electronic transmission of cargo information are now in effect because the various dates or events described in the compliance date paragraphs triggering the compliance date have occurred, the compliance date paragraphs are now obsolete.
Changes to Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, and Examination of Claims in Patent Applications
Document Number: E9-24667
Type: Rule
Date: 2009-10-14
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) published a final rule in the Federal Register in August of 2007 to revise the rules of practice for patent cases pertaining to continuing applications and requests for continued examination practices, and for the examination of claims in patent applications (Claims and Continuations Final Rule). The Office is revising the rules of practice in this final rule to remove the changes in the Claims and Continuations Final Rule from the Code of Federal Regulations.
Respirable Coal Mine Dust: Continuous Personal Dust Monitor (CPDM)
Document Number: E9-24665
Type: Proposed Rule
Date: 2009-10-14
Agency: Department of Labor, Mine Safety and Health Administration
This document requests information related to the use of the Continuous Personal Dust Monitor (CPDM) as a sampling device to measure a miner's exposure to respirable coal mine dust.
Safety Zone, Chicago Harbor, Navy Pier Southeast, Chicago, IL
Document Number: E9-24657
Type: Rule
Date: 2009-10-14
Agency: Coast Guard, Department of Homeland Security
The Coast Guard will enforce the Navy Pier Southeast Safety Zone in Chicago Harbor from October 2, 2009, through October 31, 2009. This action is necessary and intended to ensure safety of life on the navigable waters immediately prior to, during, and immediately after fireworks events. This rule will establish restrictions upon and control movement of vessels in the specified area immediately prior to, during, and immediately after the fireworks events. During the enforcement period, no person or vessel may enter the safety zone without permission of the Captain of the Port Lake Michigan.
Disregarded Entities and Excise Taxes; Correction
Document Number: E9-24656
Type: Rule
Date: 2009-10-14
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains a correction to final and temporary regulations (TD 9462) that were published in the Federal Register on Monday, September 14, 2009, 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.
Disregarded Entities and Excise Taxes; Correction
Document Number: E9-24655
Type: Proposed Rule
Date: 2009-10-14
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-116614-08) that was published in the Federal Register on Monday, September 14, 2009, 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.
Subsistence Management Regulations for Public Lands in Alaska, Subpart B; Special Actions
Document Number: E9-24653
Type: Proposed Rule
Date: 2009-10-14
Agency: Department of Agriculture, Forest Service, Fish and Wildlife Service, Department of the Interior
We, the U.S. Forest Service and U.S. Fish and Wildlife Service, are proposing to amend the regulations that manage take of wildlife and fish in Alaska for subsistence purposes to clarify them. In particular, we want to clarify the Federal Subsistence Board's
Special Conditions: Boeing Model 787-8 Airplane; Lightning Protection of Fuel Tank Structure To Prevent Fuel Tank Vapor Ignition
Document Number: E9-24652
Type: Proposed Rule
Date: 2009-10-14
Agency: Federal Aviation Administration, Department of Transportation
This action proposes special conditions for the Boeing Model 787-8 airplane. This airplane will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. The Boeing Model 787-8 airplane will incorporate a fuel tank nitrogen generation system (NGS) that actively reduces flammability exposure within the main fuel tanks significantly below that required by the fuel tank flammability regulations. Among other benefits, this significantly reduces the potential for fuel vapor ignition caused by lightning strikes. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Proposed Establishment of Class E Airspace; Albany, TX
Document Number: E9-24650
Type: Proposed Rule
Date: 2009-10-14
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to establish Class E airspace at Albany, TX. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Albany Municipal Airport, Albany, TX. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at Albany Municipal Airport.
Transfer of Accumulated Benefit Payments
Document Number: E9-24648
Type: Proposed Rule
Date: 2009-10-14
Agency: Social Security Administration, Agencies and Commissions
We propose to amend our regulations to allow a representative payee who will no longer be serving in that capacity to transfer accumulated benefit payments and interest directly to a beneficiary if we determine that it would be in the best interest of the beneficiary. This change would give us more flexibility in deciding how conserved funds should be handled in these circumstances. The change would also reduce or eliminate delays in the delivery of conserved funds to some beneficiaries.
Proposed Amendment of Class E Airspace; Burnet, TX
Document Number: E9-24645
Type: Proposed Rule
Date: 2009-10-14
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to amend Class E airspace at Burnet, TX. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Burnet Municipal Airport-Kate Craddock Field, Burnet, TX. This action would also update the geographic coordinates of the Burnet NDB to coincide with the FAAs National Aeronautical Charting Office. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at Burnet Municipal Airport-Kate Craddock Field.
Proposed Amendment of Class E Airspace; Llano, TX
Document Number: E9-24625
Type: Proposed Rule
Date: 2009-10-14
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to amend Class E airspace at Llano, TX. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Llano Municipal Airport, Llano, TX. This action would also update the geographic coordinates of Llano Municipal Airport to coincide with the FAAs National Aeronautical Charting Office. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at Llano Municipal Airport.
Proposed Establishment of Class E Airspace; Riverside/Rubidoux Flabob Airport, Riverside, CA
Document Number: E9-24623
Type: Proposed Rule
Date: 2009-10-14
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to establish Class E airspace at Riverside/Rubidoux Flabob Airport, Riverside, CA. Controlled airspace is necessary to accommodate aircraft using a new VHF Omni-Directional Radio Range (VOR) Standard Instrument Approach Procedure (SIAP) at Riverside/Rubidoux Flabob Airport, Riverside, CA. The FAA is proposing this action to enhance the safety and management of aircraft operations at Riverside/Rubidoux Flabob Airport, Riverside, CA.
Approval and Promulgation of Air Quality Implementation Plans; Ohio Administrative Code Rule 3745-21-17 Portable Fuel Containers
Document Number: E9-24610
Type: Rule
Date: 2009-10-14
Agency: Environmental Protection Agency
The Ohio Environmental Protection Agency (Ohio EPA) submitted a revision to its State Implementation Plan (SIP) under the Clean Air Act (CAA) in order to reduce air pollution in Ohio. The SIP revision consists of a new regulation entitled Ohio's Administrative Code Rule 3745-21-17 ``Control of VOC Emissions from Portable Fuel Containers.'' This rule impacts sale, use, and manufacture of Portable Fuel Containers (PFC) in the State of Ohio. Ohio EPA submitted this request for approval of this rule on August 7, 2007. EPA is approving this rule.
Approval and Promulgation of Air Quality Implementation Plans; Ohio Administrative Code Rule 3742-21-17 Portable Fuel Containers
Document Number: E9-24609
Type: Proposed Rule
Date: 2009-10-14
Agency: Environmental Protection Agency
The Ohio Environmental Protection Agency submitted a revision to its State Implementation Plan (SIP) under the Clean Air Act in order to reduce air pollution in Ohio. The SIP revision consists of a new regulation entitled Ohio's Administrative Code Rule 3745-21-17 ``Control of VOC Emissions from Portable Fuel Containers.'' This rule impacts sale, use, and manufacture of Portable Fuel Containers in the State of Ohio. EPA is proposing to approve this rule.
Federal Acquisition Regulation; FAR Case 2008-031, Limitations on Pass-Through Charges
Document Number: E9-24586
Type: Rule
Date: 2009-10-14
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement section 866 of the Duncan Hunter National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2009 which applies to Executive Agencies other than DoD. The DoD is subject to section 852 of the John Warner NDAA for FY 2007 which is also being implemented in this interim rule. Section 866 requires the Councils to amend the FAR and section 852 requires the Secretary of Defense to prescribe regulations to minimize excessive pass-through charges by contractors from subcontractors, or of tiers of subcontractors, that add no or negligible value, and to ensure that neither a contractor nor a subcontractor receives indirect costs or profit/fee (i.e., pass-through charges) on work performed by a lower- tier subcontractor to which the higher-tier contractor or subcontractor
Federal Acquisition Regulation; Federal Acquisition Circular 2005-37; Small Entity Compliance Guide
Document Number: E9-24585
Type: Rule
Date: 2009-10-14
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
This document is issued under the joint authority of the Secretary of Defense, the Administrator of General Services and the Administrator of the National Aeronautics and Space Administration. This Small Entity Compliance Guide has been prepared in accordance with Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of rules appearing in Federal Acquisition Circular (FAC) 2005-37 which amend the FAR. Interested parties may obtain further information regarding these rules by referring to FAC 2005-37 which precedes this document. These documents are also available via the Internet at https://www.regulations.gov.
Federal Acquisition Regulation; Technical Amendments
Document Number: E9-24584
Type: Rule
Date: 2009-10-14
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
This document makes amendments to the Federal Acquisition Regulation in order to make editorial changes.
Federal Acquisition Regulation; FAR Case 2009-003, National Response Framework
Document Number: E9-24580
Type: Rule
Date: 2009-10-14
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing a final rule amending the Federal Acquisition Regulation (FAR) to reflect reissuance of the Federal Emergency Management Agency's (FEMA) National Response Plan (NRP). On January 22, 2008, FEMA reissued the NRP as the National Response Framework (NRF). In addition, the term ``Incident of National Significance'' was eliminated. These changes became effective on March 22, 2008.
Federal Acquisition Regulation; FAR Case 2008-008, Award Fee Language Revision
Document Number: E9-24579
Type: Rule
Date: 2009-10-14
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement section 814 of the John Warner National Defense Authorization Act for Fiscal Year 2007, section 867 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009, and the Office of Federal Procurement Policy guidance memorandum dated December 4, 2007, entitled Appropriate Use of Incentive Contracts.
Federal Acquisition Regulation; FAR Case 2008-034, Use of Commercial Services Item Authority
Document Number: E9-24570
Type: Rule
Date: 2009-10-14
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement section 868 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009. Section 868 provides that purchases of commercial services that are not offered and sold competitively in substantial quantities in the commercial marketplace may only be considered commercial items for the purposes of the FAR if the contracting officer determines in writing that the offeror has submitted sufficient information to evaluate, through price analysis, the reasonableness of the price of such services.
Federal Acquisition Regulation; FAR Case 2008-026, GAO Access to Contractor Employees
Document Number: E9-24568
Type: Rule
Date: 2009-10-14
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have adopted as final, without change, an interim rule amending the Federal Acquisition Regulation (FAR) to implement section 871 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (NDAA) which allows the Government Accountability Office to interview current contractor employees during the audit of the contractor's records.
Criminal Penalties; Unauthorized Introduction of Weapons
Document Number: E9-24566
Type: Rule
Date: 2009-10-14
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) is amending its regulations to authorize the imposition of Federal criminal penalties on those who, without authorization, introduce weapons or explosives into specified classes of facilities and installations subject to the regulatory authority of the NRC. This action is necessary to implement section 229, ``Trespass on Commission Installations,'' of the Atomic Energy Act of 1954, as amended (AEA).
Federal Acquisition Regulation; FAR Case 2007-008, Limiting Length of Noncompetitive Contracts in “Unusual and Compelling Urgency” Circumstances
Document Number: E9-24565
Type: Rule
Date: 2009-10-14
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing a final rule amending the Federal Acquisition Regulation (FAR) to implement section 862 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Pub. L. 110-417) and Office of Federal Procurement Policy (OFPP) Administrator's memorandum of May 31, 2007. The rule limits the length of contracts awarded noncompetitively under unusual and compelling urgency circumstances to the minimum contract period necessary to meet the requirements, and no longer than one year, unless the head of the agency determines that exceptional circumstances apply.
Federal Acquisition Regulation; FAR Case 2008-035, Registry of Disaster Response Contractors
Document Number: E9-24554
Type: Rule
Date: 2009-10-14
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement Section 697, Registry of Disaster Response Contractors (Pub. L. 109-295), the Department of Homeland Security (DHS) Appropriations Act, 2007 (6 U.S.C. 796). The Act requires that the Administrator of the Federal Emergency Management Agency (FEMA), a component of DHS, establish and maintain a registry of contractors, which are willing to perform debris removal, distribution of supplies, reconstruction, and other disaster or emergency relief activities. In addition, the Act requires contracting officers to consult the Registry during market research and acquisition planning.
Federal Acquisition Regulation; Federal Acquisition Circular 2005-37; Introduction
Document Number: E9-24551
Type: Rule
Date: 2009-10-14
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in this Federal Acquisition Circular (FAC) 2005-37. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at https://www.regulations.gov.
Revisions to the Arizona State Implementation Plan, Maricopa County Air Quality Department
Document Number: E9-24549
Type: Rule
Date: 2009-10-14
Agency: Environmental Protection Agency
EPA is taking direct final action to approve revisions to the Maricopa County Air Quality Department (MCAQD) portion of the Arizona State Implementation Plan (SIP). These revisions concern particulate matter (PM) emissions and precursors from steam generating units, cogeneration units, stationary gas turbines, process heaters and internal combustion engines. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Revisions to the Arizona State Implementation Plan, Maricopa County Air Quality Department
Document Number: E9-24548
Type: Proposed Rule
Date: 2009-10-14
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to the Maricopa County Air Quality Department (MCAQD) portion of the Arizona State Implementation Plan (SIP). These revisions concern particulate matter (PM) emissions and precursors from steam generating units, cogeneration units, stationary gas turbines, process heaters and internal combustion engines. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
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