October 2009 – Federal Register Recent Federal Regulation Documents

This action proposes to modify Jet Route J-20 by terminating the route at the Orlando, FL, very high frequency omnidirectional range/tactical air navigation (VORTAC) facility, thereby eliminating the segment between the Orlando VORTAC and the Virginia Key, FL, very high frequency omnidirectional range/distance measuring equipment (VOR/ DME) facility. This modification would eliminate a portion of J-20 that is no longer needed.

Under new rules, postal complaints must be served on both the Commission and the Postal Service. This document informs the public of a change in the email account for service on the Postal Service.

This notice provides the times and locations of two public meetings which will be held by the Coast Guard (USCG) regarding the Notice of Proposed Rulemaking (NPRM) entitled ``Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters'' that published in the Federal Register on Friday, August 28, 2009.

NMFS closes the commercial fishery for king mackerel in the exclusive economic zone (EEZ) in the northern Florida west coast subzone of the Gulf of Mexico. This closure is necessary to protect the Gulf king mackerel resource.

We propose to adopt a new airworthiness directive (AD) for the products listed above that would supersede an existing AD. 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:

This document proposes superseding an existing airworthiness directive (AD) for MD Helicopters, Inc. (MDHI) Model MD-900 helicopters. That AD currently requires applying serial numbers to certain parts, increasing the life limit for various parts, maintaining a previously established life limit for a certain vertical stabilizer control system (VSCS) bellcrank assembly and bellcrank arm, and correcting the part number for the VSCS bellcrank arm. This proposal would require the same actions, except it would reduce the life limit of the swashplate spherical slider bearing (slider bearing). It would further correct what was described as a ``bellcrank arm'' life limit in the current AD and correctly describe it as another ``bellcrank assembly'' life limit. This proposal is prompted by two reports of cracks in the slider bearing that occurred well before the previously increased retirement life of 2,030 hours time-in-service (TIS) was reached. The actions specified by the proposed AD are intended to establish appropriate life limits for various parts, and to prevent fatigue failure of those parts and subsequent loss of control of the helicopter.

This document corrects the preamble to a final rule published in the Federal Register on October 6, 2009, regarding a revision of a medical listing for malignant neoplastic diseases. In that preamble, we cited an incorrect date of publication for the Notice of Proposed Rule Making (NPRM) that had preceded the final rule.

The Coast Guard is establishing a temporary moving safety zone in the navigable waters of San Francisco Bay surrounding the Motor Vessel (M/V) Guilio Verne and barge Hagar while engaged in cable laying operations. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or his designated representative. This safety zone is necessary to protect persons and property from hazards associated with the cable laying operations.

EPA is taking direct final action to approve a revision to the Commonwealth of Virginia State Implementation Plan (SIP). The revision pertains to the timing for the first phase of the sulfur dioxide (SO2) trading budget under the Commonwealth's approved regulations that implement the requirements of the Clean Air Interstate Rule (CAIR). EPA is approving this revision to change the start date of Virginia's CAIR SO2 trading budget from the control period in 2009 to the control period in 2010 in accordance with the requirements of the Clean Air Act (CAA).

We are amending the citrus canker regulations to modify the conditions under which fruit may be moved interstate from a quarantined area. We are eliminating the requirement that each lot of finished fruit be inspected at the packinghouse and found to be free of visible symptoms of citrus canker and removing the current prohibition on the movement of fruit from a quarantined area to commercial citrus- producing States. We are continuing to require fruit moved interstate from a quarantined area to be treated with an approved disinfectant and to be packed in a commercial packinghouse that operates under a compliance agreement. These changes will relieve some restrictions on the interstate movement of fresh citrus fruit from quarantined areas while maintaining conditions that will prevent the artificial spread of citrus canker.

In this Notice of Proposed Rulemaking, the Federal Energy Regulatory Commission (Commission) proposes to revise its regulations, which currently provide the FERC Form No. 556 (Form 556) that is used in the certification of qualifying status for an existing or proposed small power production or cogeneration facility. The Commission proposes to revise its regulations to remove the contents of the Form No. 556 from the regulations, and, in their place, to provide that an applicant seeking to certify qualifying facility (QF) status of a small power production or cogeneration facility must complete, and electronically file, the Form No. 556 that is in effect at the time of filing. We propose to revise and reformat the Form No. 556 to clarify the content of the form and to take advantage of newer technologies that will reduce both the filing burden for applicants and the processing burden for the Commission. We also propose to exempt generating facilities with net power production capacities of 1 MW or less from the QF certification requirement, and to codify the Commission's authority to waive the QF certification requirement for good cause. Finally, we propose to clarify, simplify or correct certain sections of the regulations.

The Federal Energy Regulatory Commission (Commission) generally reaffirms its determinations in Order No. 717, but grants rehearing on and clarifies certain provisions. Order No. 717-A aims to make the Standards of Conduct clearer and to refocus the rules on the areas where there is the greatest potential for abuse. The order

We are proposing revisions to the Medicare Advantage (MA) program (Part C) and prescription drug benefit program (Part D) based on our continued experience in the administration of the Part C and D programs. The proposed revisions clarify various program participation requirements; specify changes to strengthen beneficiary protections; ensure that plan offerings to beneficiaries include meaningful differences; improve plan payment rules and processes; and implement new policy such as a Part D formulary policy.

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.

PHMSA is considering amending the Hazardous Materials Regulations (HMR) by incorporating various amendments to international standards and modal regulations, including changes to proper shipping names, hazard classes, packing groups, special provisions, and packaging authorizations. These amendments may be necessary to harmonize the HMR with revised editions of the United Nations Recommendations on the Transport of Dangerous Goods Model Regulations and Manual of Tests and Criteria, the International Maritime Organization's Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air and Transport Canada's Transport of Dangerous Goods Regulations. In this notice, we are soliciting public comment regarding the safety consequences, regulatory burden, and cost implications of some of the more significant amendments adopted or under consideration for adoption in these international standards.

This document amends the Customs and Border Protection (CBP) Regulations by revising the list of user fee airports to reflect the withdrawal of the user fee airport designation for Santa Maria Public Airport, Santa Maria, California. User fee airports are those airports which, while not qualifying for designation as international or landing rights airports, have been approved by the Commissioner of CBP to receive, for a fee, the services of CBP officers for the processing of aircraft entering the United States, and the passengers and cargo of those aircraft.

The Food and Drug Administration (FDA) is announcing the classification of cardiac allograft gene expression profiling test systems into class II (special controls). The special control that will apply to the device is the guidance document entitled ``Class II Special Controls Guidance Document: Cardiac Allograft Gene Expression Profiling Test Systems.'' FDA 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 document that will serve as the special control for this device.

This decision recommends that the producer-handler definitions of all Federal milk marketing orders be amended to limit exemption from pooling and pricing provisions to those with total route disposition of fluid milk products of 3 million pounds or less per month. The exempt plant definition would continue to limit disposition of Class I milk products to 150,000 pounds or less per month.

The Coast Guard is establishing a regulated navigation area on the Piscataqua River near Portsmouth, NH. This temporary final rule places speed restrictions on all vessels transiting the navigable waters on the Piscataqua River, Portsmouth, NH near the Portsmouth Naval Shipyard between Henderson Point Light on Seavey Island and Badgers Island Buoy 14. This rule is necessary to provide for the safety of life on the navigable waters during ongoing ship construction.

Today's NPRM proposes two changes to the agency's specifications for the Hybrid III six-year-old child dummy. In Part 1 of this NPRM, to improve the durability of the dummy's femurs, we propose changes to the design of and material used for the femur assembly. In Part 2, the drawing for the abdomen insert would be corrected so that the abdominal insert dimensions on the drawing reflect the actual part. Part 2 of this rulemaking commenced in response to a petition for rulemaking submitted by Denton ATD (Denton) and First Technology Safety Systems (FTSS). This document declines the petitioners' suggestion to investigate tolerances for vinyl and rubber components of the dummy and to specify the expected time frame each part would meet the tolerances.

We are proposing changes to the proxy rules under the Securities Exchange Act of 1934 to improve the notice and access model for furnishing proxy materials to shareholders. Specifically, we are proposing revisions to our rules to provide additional flexibility regarding the format of the Notice of Internet Availability of Proxy Materials that is sent to shareholders. We are also providing guidance about the current requirement for the Notice to identify the matters intended to be acted on at the shareholders' meeting. In addition to the proposed changes and guidance regarding the format of the Notice, we are proposing a new rule that will permit issuers and soliciting shareholders to include explanatory materials regarding the process of receiving and reviewing proxy materials and voting. Finally, we are proposing revisions to the timeframe for delivering a Notice to shareholders when a soliciting person other than the issuer relies on the notice-only option.

The U.S. Small Business Administration (SBA) proposes to increase small business size standards for five industries in North American Industry Classification System (NAICS) Sector 72, Accommodation and Food Servicesnamely NAICS 721110, Hotels and Motels, from $7.0 million to $30 million; NAICS 721120, Casino Hotels, from $7.0 million to $30 million; NAICS 722211, Limited Service Restaurants, from $7.0 million to $10 million; NAICS 722212, Cafeterias, from $7.0 million to $25.5 million; and NAICS 722310, Food Service Contractors, from $20.5 million to $35.5 million. As part of its ongoing initiative to review all size standards, SBA has evaluated each industry in Sector 72 to determine whether the existing size standards should be retained or revised. This proposed rule is one of a series of proposals that will examine industries grouped by an NAICS Sector. As part of this series of proposed rules SBA is publishing concurrently in this issue of the Federal Register a proposed rule to modify small business size standards in Sector 44-45, Retail Trade, and Sector 81, Other Services. SBA has established its ``Size Standards Methodology'' and published elsewhere in this issue of the Federal Register a notice of its availability on SBA's Web site at http: // www.sba.gov/size. SBA has applied ``Size Standards Methodology'' to this proposed rule.

The U.S. Small Business Administration (SBA) is advising the public that it is making available a White Paper putting forth and explaining how it establishes, reviews and modifies (when appropriate) small business size standards. The document, entitled ``Size Standards Methodology,'' is available on SBA's Web site where any interested party can review and/or download it. Elsewhere in this issue of the Federal Register SBA has published three proposed rules that would, if adopted, modify a number of size standards in three North American Industry Classification System (NAICS) Sectors, namely: Sector 44-45, Retail Trade; Sector 72, Accommodation and Food Services; and Sector 81, Other Services. SBA has applied ``Size Standards Methodology'' to those three proposed rules and will apply it to future regulatory actions that relate to establishing, reviewing and modifying size standards. The Agency welcomes comments on ``Size Standards Methodology'' and on the three proposed rules elsewhere in this issue of the Federal Register. ``Size Standards Methodology,'' is available electronically from the SBA's Web site at: https://www.sba.gov/size.

EPA is finalizing approval of revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVAPCD) portion of the California State Implementation Plan (SIP). These revisions were proposed in the Federal Register on July 13, 2009 and concern oxides of nitrogen (NOX) emissions from Stationary Gas Turbines. We are approving a local rule that regulates these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

The Board proposes to amend Regulation Z, which implements the Truth in Lending Act, and the staff commentary to the regulation in order to implement provisions of the Credit Card Accountability Responsibility and Disclosure Act of 2009 that are effective on February 22, 2010. This proposal would establish a number of new substantive and disclosure requirements to establish fair and transparent practices pertaining to open-end consumer credit plans, including credit card accounts. In particular, the proposed rule would limit the application of increased rates to existing credit card balances, require credit card issuers to consider a consumer's ability to make the required payments, establish special requirements for extensions of credit to consumers who are under the age of 21, and limit the assessment of fees for exceeding the credit limit on a credit card account.