October 28, 2009 – Federal Register Recent Federal Regulation Documents

Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands
Document Number: E9-26094
Type: Rule
Date: 2009-10-28
Agency: Executive Office for Immigration Review, Department of Justice, Department of Homeland Security
The Department of Homeland Security (DHS) and the Department of Justice (DOJ) are implementing conforming amendments to their respective regulations to comply with the Consolidated Natural Resources Act of 2008 (CNRA). The CNRA extends the immigration laws of the United States to the Commonwealth of the Northern Mariana Islands (CNMI). This rule amends the regulations governing: asylum and credible fear of persecution determinations; references to the geographical ``United States'' and its territories and possessions; alien classifications authorized for employment; documentation acceptable for Employment Eligibility Verification; employment of unauthorized aliens; and adjustment of status of immediate relatives admitted under the Guam-CNMI Visa Waiver Program. Additionally, this rule makes a technical change to correct a citation error in the regulations governing the Visa Waiver Program and the regulations governing asylum and withholding of removal. The purpose of this rule is to ensure that the regulations apply to persons and entities arriving in or physically present in the CNMI to the extent authorized by the CNRA.
Periodic Reporting Rules
Document Number: E9-25994
Type: Proposed Rule
Date: 2009-10-28
Agency: Postal Regulatory Commission, Agencies and Commissions
This document announces a proposed rulemaking in response to a recent Postal Service petition involving periodic reporting rules. The
Endangered and Threatened Wildlife and Plants; Status Review of Arctic Grayling (Thymallus arcticus
Document Number: E9-25990
Type: Proposed Rule
Date: 2009-10-28
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), under the authority of the Endangered Species Act of 1973, as amended (Act), give notice of our intent to conduct a status review of Arctic grayling (Thymallus arcticus) in the upper Missouri River system. We conduct status reviews to determine whether the entity should be listed as endangered or threatened under the Act. Through this notice, we encourage all interested parties to provide us information regarding Arctic grayling in the upper Missouri River basin.
Atlantic Highly Migratory Species; Atlantic Commercial Shark Management Measures
Document Number: E9-25989
Type: Proposed Rule
Date: 2009-10-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This proposed rule would adjust quotas and opening dates for the 2010 fishing season for sandbar sharks, non-sandbar large coastal sharks (LCS), small coastal sharks (SCS), and pelagic sharks based on any over- and/or underharvests experienced during the 2008 and 2009 Atlantic commercial shark fishing seasons. The purpose of this proposed action is to provide advance notice of quotas and opening dates for the
Lead; Amendment to the Opt-out and Recordkeeping Provisions in the Renovation, Repair, and Painting Program
Document Number: E9-25986
Type: Proposed Rule
Date: 2009-10-28
Agency: Environmental Protection Agency
EPA is proposing several revisions to the Lead Renovation, Repair, and Painting Program (RRP) rule that published in the Federal Register on April 22, 2008. The rule establishes accreditation, training, certification, and recordkeeping requirements as well as work practice standards on persons performing renovations for compensation in most pre-1978 housing and child-occupied facilities. In this document, EPA is proposing to eliminate the ``opt-out'' provision that currently exempts a renovation firm from the training and work practice requirements of the rule where the firm obtains a certification from the owner of a residence he or she occupies that no child under age 6 or pregnant women resides in the home and the home is not a child- occupied facility. EPA is also proposing to require renovation firms to provide a copy of the records demonstrating compliance with the training and work practice requirements of the RRP rule to the owner and, if different, the occupant of the building being renovated or the operator of the child-occupied facility.
Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures; Inseason Adjustments
Document Number: E9-25984
Type: Rule
Date: 2009-10-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This final rule announces inseason changes to management measures in the commercial Pacific Coast groundfish fisheries. These actions, which are authorized by the Pacific Coast Groundfish Fishery Management Plan (FMP), are intended to allow fisheries to access more abundant groundfish stocks while protecting overfished and depleted stocks.
Ulocladium oudemansii (U3 Strain); Exemption from the Requirement of a Tolerance
Document Number: E9-25969
Type: Rule
Date: 2009-10-28
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of the microbial fungicide, Ulocladium oudemansii (U3 Strain), in or on all food commodities when applied or used pre-harvest only, and excluding applications made post-harvest or to processed commodities. Botry-Zen, Ltd. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Ulocladium oudemansii (U3 Strain).
Standard for Recreational Off-Highway Vehicles
Document Number: E9-25959
Type: Proposed Rule
Date: 2009-10-28
Agency: Consumer Product Safety Commission, Agencies and Commissions
The Consumer Product Safety Commission (``Commission'') is considering whether there may be unreasonable risks of injury and death associated with Recreational Off-Highway Vehicles (ROVs). This advance notice of proposed rulemaking (ANPR) begins a rulemaking proceeding under the Consumer Product Safety Act (CPSA).\1\
Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security Office of Inspector General-002 Investigative Records System of Records
Document Number: E9-25944
Type: Proposed Rule
Date: 2009-10-28
Agency: Office of the Secretary, Department of Homeland Security
The Department of Homeland Security is giving concurrent notice of an updated and reissued system of records pursuant to the Privacy Act of 1974 for the Department of Homeland Security Office of Inspector General002 Investigative Records System of Records and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of this system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Airworthiness Directives; Turbomeca Arriel 2S1 Turboshaft Engines
Document Number: E9-25943
Type: Proposed Rule
Date: 2009-10-28
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) issued 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: During acceleration up to One Engine Inoperative (OEI) 30-second rating, one event of flight loss of full automatic control occurred on an Arriel 2S1 engine. The selection of OEI 30-second rating on engine 1 was triggered by the automatic detection of an OEI situation further to a transient deceleration of engine 2. The transient deceleration of engine 2 was caused by the untimely reset of its DECU. Once this reset was completed, engine 2 resumed its nominal operation. Afterwards the aircraft then continued its flight safely with its engine 1 operating in manual control mode. The loss of full automatic control of engine 1 was caused by loss of steps of the stepper motor controlling the fuel metering valve inside the Hydromechanical Unit (HMU). It has been found that high accelerations, notably up to OEI 30-second rating, increase the risk of loss of steps of the HMU stepper motor. Therefore, this event has led to the consideration of the following unsafe condition at aircraft level: In- flight loss of full automatic control of the engine induced by the loss of steps of the stepper motor during acceleration up to OEI 30-second rating, further to an actual OEI situation on the other engine (such as a power loss event).
Schedules of Controlled Substances: Placement of 5-Methoxy-N,N-Dimethyltryptamine Into Schedule I of the Controlled Substances Act
Document Number: E9-25939
Type: Proposed Rule
Date: 2009-10-28
Agency: Drug Enforcement Administration, Department of Justice
On August 21, 2009, the Drug Enforcement Administration (DEA) published a notice of proposed rulemaking in the Federal Register, 74 FR 42217, to place the substance 5-methoxy-N,N-dimethyltryptamine (5- MeO-DMT) and its salts into schedule I of the Controlled Substances Act (CSA). The original 30-day comment period expired on September 21, 2009. DEA is reopening the comment period for an additional 30-day period.
Registration Requirements for Individual Practitioners Operating in a “Locum Tenens” Capacity
Document Number: E9-25937
Type: Proposed Rule
Date: 2009-10-28
Agency: Drug Enforcement Administration, Department of Justice
On December 1, 2006, the Drug Enforcement Administration (DEA) published in the Federal Register a Final Rule ``Clarification of Registration Requirements for Individual Practitioners'' (71 FR 69478). The Final Rule makes it clear that when an individual practitioner practices in more than one State, he or she must obtain a separate DEA registration for each State. The Final Rule also noted that DEA would
Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/ALL-001 Freedom of Information Act and Privacy Act Records System of Records
Document Number: E9-25933
Type: Proposed Rule
Date: 2009-10-28
Agency: Office of the Secretary, Department of Homeland Security
The Department of Homeland Security is giving concurrent notice of an updated and reissued system of records pursuant to the Privacy Act of 1974 for the Department of Homeland Security/ALL-001 Freedom of Information Act and Privacy Act Records System of Records and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2009-10 Late Season
Document Number: E9-25932
Type: Rule
Date: 2009-10-28
Agency: Fish and Wildlife Service, Department of the Interior
On September 2 and 25, 2009, we, the U.S. Fish and Wildlife Service (Service), published two final rules that established special early- and late-season migratory bird hunting regulations for certain tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. In error, the second of these rules omitted from the regulatory text pertaining to late-season hunting by the White Mountain Apache Tribe the dates and bag limits for duck and Canada goose. This document corrects those errors.
United States Standards for Rough Rice, Brown Rice for Processing, and Milled Rice
Document Number: E9-25928
Type: Rule
Date: 2009-10-28
Agency: Department of Agriculture, Grain Inspection, Packers and Stockyards Administration
The Grain Inspection, Packers and Stockyards Administration (GIPSA) is amending the U.S. Standards for Rough Rice, Brown Rice for Processing, and Milled Rice, to change the requirement that certain information currently provided on the grade line of official certificates for Mixed rice be moved to the Results section of the inspection certificate. GIPSA believes that these changes will enhance the use of the inspection certificate, and as a result, help to facilitate the marketing of Mixed rice.
Amendment of Agency Procedures for Probable Cause Hearings
Document Number: E9-25900
Type: Rule
Date: 2009-10-28
Agency: Federal Election Commission, Agencies and Commissions
On November 19, 2007, the Federal Election Commission (``Commission'') published a procedural rule making permanent a program allowing respondents in enforcement proceedings under the Federal Election Campaign Act, to have a hearing before the Commission. The Commission is now amending its procedures to provide that the Commissioners may ask questions of the General Counsel and the Staff Director, and their staff, during probable cause hearings. This amendment will conform the procedures for enforcement hearing with the Commission's procedures for audit hearing published earlier this year.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition to List the Northern Leopard Frog (Lithobates
Document Number: E9-25883
Type: Proposed Rule
Date: 2009-10-28
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public information solicitation period on our July 1, 2009, initiation of status review and 90-day finding on a petition to list the western U.S. population of the northern leopard frog (Lithobates [=Rana] pipiens) as threatened under the Endangered Species Act of 1973, as amended (Act). This action will provide all interested parties with an additional opportunity to submit information and materials on the status of the northern leopard frog. Information previously submitted need not be resubmitted as it has already been incorporated into the public record and will be fully considered in the 12-month finding.
Airworthiness Directives; Bombardier Model CL-600-2C10 (Regional Jet Series 700 & 701) Airplanes, Model CL-600-2D15 (Regional Jet Series 705) Airplanes, and Model CL-600-2D24 (Regional Jet Series 900) Airplanes
Document Number: E9-25866
Type: Proposed Rule
Date: 2009-10-28
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; Dassault Model Falcon 900EX Airplanes
Document Number: E9-25865
Type: Proposed Rule
Date: 2009-10-28
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; Airbus Model A300 B4-2C, B4-103, and B4-203 Airplanes; and Model A300 B4-601, B4-603, B4-620, B4-622, B4-605R, and B4-622R Airplanes
Document Number: E9-25864
Type: Proposed Rule
Date: 2009-10-28
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:
Pyriproxyfen; Pesticide Tolerances
Document Number: E9-25689
Type: Rule
Date: 2009-10-28
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of pyriproxyfen in or on artichoke, globe; asparagus; fruit, small, vine climbing subgroup, except grape 13-07E; vegetable, foliage of legume, group 7; vegetable, leafy, except brassica, group 4; vegetable, leaves of root and tuber, group 2; and watercress. It also removes the section 18 time-limited tolerances on succulent bean, celery and strawberry since these tolerances have expired. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Establishment of Class E Airspace; Nantucket, MA
Document Number: E9-25500
Type: Rule
Date: 2009-10-28
Agency: Federal Aviation Administration, Department of Transportation
This action establishes Class E Airspace at Nantucket Memorial Airport, Nantucket, MA, by establishing Class E Surface airspace designated as an extension to Class D airspace. This action will encompass the new Standard Instrument Approach Procedures (SIAPs) and enhance the safety and management of Instrument Flight Rules (IFR) around the Nantucket Memorial Airport, MA.
Modification of Class E Airspace; Anniston, AL
Document Number: E9-25498
Type: Rule
Date: 2009-10-28
Agency: Federal Aviation Administration, Department of Transportation
This action modifies the Class E airspace at Anniston Metropolitan Airport in Anniston, AL. After a new RNAV (GPS) Z approach was developed for Runway 23, 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 Anniston Metropolitan Airport.
Special Conditions: Bombardier Model Challenger CL-600-2B16 (CL-605, Ref. Note 9 of TC No. A21EA); Enhanced Flight Vision System (EFVS)
Document Number: E9-25493
Type: Rule
Date: 2009-10-28
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for the Bombardier Model CL-600-2B16 (CL-605) airplane. This airplane, as modified by Rockwell Collins Aerospace & Electronics, Inc., will have an Enhanced Flight Vision System (EFVS). The EFVS is a novel or unusual design feature which consists of a head-up display (HUD) system modified to display forward-looking infrared (FLIR) radar imagery. The airworthiness regulations applicable to pilot compartment view do not contain adequate or appropriate safety standards for this design feature. These 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.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: E9-25489
Type: Rule
Date: 2009-10-28
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: E9-25488
Type: Rule
Date: 2009-10-28
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.
Cold Pressed Neem Oil; Exemption from the Requirement of a Tolerance
Document Number: E9-25455
Type: Rule
Date: 2009-10-28
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of the biochemical pesticide, cold pressed neem oil on all food commodities when applied/used on/in food commodities. Plasma Power Limited of India submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of cold pressed neem oil.
National Emission Standards for Hazardous Air Pollutants From Petroleum Refineries
Document Number: E9-25454
Type: Rule
Date: 2009-10-28
Agency: Environmental Protection Agency
This action amends the national emission standards for petroleum refineries to add maximum achievable control technology standards for heat exchange systems. This action also amends the general provisions cross-reference table and corrects section references.
National Emission Standards for Hazardous Air Pollutants From Petroleum Refineries
Document Number: E9-25453
Type: Proposed Rule
Date: 2009-10-28
Agency: Environmental Protection Agency
EPA is proposing to withdraw the residual risk and technology review portions of the final rule amending the National Emission Standards for Hazardous Air Pollutants From Petroleum Refineries, which was signed by then Administrator Stephen Johnson, on January 16, 2009.
Airworthiness Directives; Eurocopter France (ECF) Model EC 155B and EC155B1 Helicopters
Document Number: E9-25441
Type: Rule
Date: 2009-10-28
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the specified ECF model helicopters. This AD results from a mandatory continuing airworthiness information (MCAI) AD issued by the European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community. The MCAI AD states that freezing of the route display on the navigation display (ND) in the Sector mode occurs for flight plans that include procedures in the terminal zone (departure or arrival). The MCAI AD prohibits the use of the UNS-1D navigation system (also known as the Flight Management System (FMS)) for Standard Instrument Departure (SID), Standard Instrument Terminal Arrival Route (STAR), and instrument approach procedures. The actions are intended to prevent the flight crew from relying on a frozen route ND, unanticipated increases in flight crew workload, pilot confusion in the terminal airspace environment, and subsequent loss of control of the helicopter.
Small Business Size Regulations; 8(a) Business Development/Small Disadvantaged Business Status Determinations
Document Number: E9-25416
Type: Proposed Rule
Date: 2009-10-28
Agency: Small Business Administration, Agencies and Commissions
This rule proposes to make changes to the regulations governing the 8(a) Business Development (8(a) BD) and Small Disadvantaged Business (SDB) programs, and to the U.S. Small Business Administration's (SBA or Agency) size regulations. Some of the changes involve technical issues such as changing the term ``SIC code'' to ``NAICS code'' to reflect the national conversion to the North American Industry Classification System. Other changes are more substantive and result from SBA's experience in implementing the current regulations. For example, SBA has learned through experience that certain of its rules governing the 8(a) BD program are too restrictive and serve to unfairly preclude firms from being admitted to the program. In other cases, SBA has determined that a rule is too expansive or indefinite and has sought to restrict or clarify that rule. In one case wording changes are being proposed to correct past public or agency misinterpretation. Also, new situations have arisen that were not anticipated when the current rules were drafted and the proposed rule seeks to cover those situations. Finally, one of the changes, involving Native Hawaiian Organizations (NHO's), implements a statutory change.
Institutions and Lender Requirements Relating to Education Loans, Student Assistance General Provisions, Federal Perkins Loan Program, Federal Family Education Loan Program, and William D. Ford Federal Direct Loan Program
Document Number: E9-25073
Type: Rule
Date: 2009-10-28
Agency: Department of Education
The Secretary establishes new regulations regarding Institutions and Lender Requirements Relating to Education Loans, to implement requirements relating to education loans that were added to the Higher Education Act of 1965, as amended (HEA) by the Higher Education Opportunity Act of 2008 (HEOA). The Secretary also amends the regulations for Student Assistance General Provisions, the Federal Perkins Loan (Perkins Loan) Program, the Federal Family Education Loan (FFEL) Program, and the William D. Ford Federal Direct Loan (Direct Loan) Program to implement certain provisions of the HEA that involve school-based loan issues and that were affected by the statutory changes made to the HEA by the HEOA.
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