November 4, 2009 – Federal Register Recent Federal Regulation Documents
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Television Broadcasting Services; Lexington, KY
The Commission grants a petition for rulemaking filed by Gray Television Licensee, LLC, the licensee of WKYT-TV, channel 13, Lexington, Kentucky, requesting the substitution of channel 36 for channel 13 at Lexington.
Television Broadcasting Services; Opelika, AL
The Commission grants a petition for rulemaking filed by Pappas Telecasting of Opelika, LP, licensee of station WLGA(TV), channel 47, Opelika, Alabama, requesting the substitution of channel 30 for its allotted channel 47 at Opelika and to make related changes to its technical parameters.
Certain Polyurethane Polymer; Tolerance Exemption
This regulation establishes an exemption from the requirement of a tolerance for residues of carbonic acid, diethyl ester, polymer with [alpha]-hydro-[omega]-hydroxypoly[oxy(methyl-1,2-ethanediyl)] ether with 2-ethyl-2-(hydroxymethyl)-1,3-propanediol (3:1), ester with [alpha]-[[[[5-(carboxyamino)-1,3,3- trimethylcyclohexyl]methyl]amino]carbonyl]-[omega]-methoxypol y(oxy-1,2- ethanediyl), when used as an inert ingredient in a pesticide chemical formulation under 40 CFR 180.960. BASF Corporation 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 carbonic acid, diethyl ester, polymer with [alpha]- hydro-[omega]-hydroxypoly[oxy(methyl-1,2-ethanediyl)] ether with 2- ethyl-2-(hydroxymethyl)-1,3-propanediol (3:1), ester with [alpha]- [[[[5-(carboxyamino)-1,3,3-trimethylcyclohexyl]methyl]amino]c arbonyl]- [omega]-methoxypoly(oxy-1,2-ethanediyl), on food or feed commodities.
Methamidophos; Tolerance Actions
EPA is revoking tolerances for the insecticide methamidophos on cucumber, eggplant and melon. The regulatory actions finalized in this document are in follow-up to the Agency's reregistration program under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and tolerance reassessment program under section 408(q) of the Federal Food, Drug, and Cosmetic Act (FFDCA).
Special Conditions: Cessna Aircraft Company, Model 525C; Flight Performance, Flight Characteristics, and Operating Limitations
These special conditions are issued for the Cessna Aircraft Company, Model 525C airplane. This airplane will have a novel or unusual design feature(s) associated with turbofan engines, engine location, and certain performance characteristics necessary for this type of airplane that were not envisioned by the existing regulations. The applicable airworthiness regulations 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.
Uniformed Services Accounts; Death Benefits; Court Orders and Legal Processes Affecting Thrift Savings Plan Accounts; Thrift Savings Plan; Correction
The Federal Retirement Thrift Investment Board (Agency) corrects its statement regarding the Regulatory Flexibility Act in proposed rules that appeared in the Federal Register of October 22, 2009. The correction clarifies that the proposed rules will not have a significant economic impact on a substantial number of small entities because they will only affect Federal employees and members of the uniformed services.
Presumption of Service Connection for Amyotrophic Lateral Sclerosis
This document adopts as a final rule the interim final rule amending the Department of Veterans Affairs (VA) adjudication regulations to establish a presumption of service connection for amyotrophic lateral sclerosis (ALS) for any veteran who develops the disease at any time after separation from service. This amendment implements the decision by the Secretary of Veterans Affairs to establish such a presumption based on a November 2006 report by the National Academy of Sciences Institute of Medicine on the association between active service and ALS.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Season and Retention Limit Adjustments
NMFS proposes to adjust the Atlantic bluefin tuna (BFT) fishery regulations to increase the General category maximum daily retention limit, allow the General category season to remain open until the January subquota is reached, and increase the Harpoon category daily incidental retention limit. The intent of this proposed rule is to enable more thorough utilization of the available U.S. BFT quota, while ending BFT overfishing, rebuilding the BFT stock by 2019, and minimizing bycatch and bycatch mortality to the extent practicable. NMFS solicits written comments and will hold public hearings to receive oral comments on these proposed actions.
Safety Zone; Corporate Party on Hornblower Yacht, Fireworks Display, San Francisco, CA
The Coast Guard is establishing a temporary safety zone in the navigable waters in San Francisco Bay proximate to Pier 30-32 in San Francisco, CA in support of a Corporate Party on Hornblower Yacht. This safety zone is established to ensure the safety of participants and spectators from the dangers associated with the pyrotechnics. 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.
Pacific Halibut Fisheries; Subsistence Fishing
NMFS issues a final rule to revise the criteria for rural residents to participate in the subsistence fishery for Pacific halibut in waters in and off Alaska. This action is necessary to allow subsistence halibut fishing opportunities for rural residents who reside in locations outside the legal boundaries of specified communities and who were prohibited from participating in the subsistence halibut fishery by previous regulations. This action is intended to allow these inadvertently-excluded rural residents to participate in the subsistence halibut fishery and to support the conservation and management provisions of the Northern Pacific Halibut Act of 1982.
Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; 2010 Summer Flounder, Scup, and Black Sea Bass Specifications; 2010 Research Set-Aside Projects
NMFS proposes specifications for the 2010 summer flounder, scup, and black sea bass fisheries and provides notice of three projects that may be requesting Exempted Fishing Permits (EFPs) as part of the Mid-Atlantic Fishery Management Council's (Council) Research Set-Aside (RSA) program. The implementing regulations for the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) require NMFS to publish specifications for the upcoming fishing year for each of these species and to provide an opportunity for public comment. Furthermore, regulations under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) require a notice to be published to provide interested parties the opportunity to comment on applications for EFPs. The intent of this action is as follows: To establish 2010 harvest levels that assure that the target fishing mortality rates (F) specified for these species in the most recent stock assessment updates are not exceeded; to allow for summer flounder stock rebuilding; and to provide notice of EFP requests, all in accordance with the Magnuson-Stevens Act.
Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Pacific Coast Groundfish Fishery; 2009 Management Measures for Petrale Sole
This final rule revises the November-December 2009 management measures for petrale sole taken in the U.S. exclusive economic zone (EEZ) off the coasts of Washington, Oregon, and California.
Encryption Simplification
The Bureau of Industry and Security (BIS) published a final rule in the Federal Register on Thursday, October 15, 2009 (74 FR 52880) that amended the Export Administration Regulations (EAR) to finalize and correct errors in an interim final rule entitled ``Encryption Simplification'' on October 3, 2008 (73 FR 57495). That final rule contained one error in the amendatory instruction used for revising one section. This error in the amendatory instruction led to the unintentional removal of the wrong sentence. This document corrects that amendatory instruction error by adding back the sentence that was removed and removing the intended sentence from that section.
Pesticide Inert Ingredients; Revocation of Tolerance Exemption for Sperm Oil
EPA is issuing this final rule to revoke the existing obsolete tolerance exemption for residues of sperm oil conforming to 21 CFR 172.210. There have not been any active Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) pesticide product registrations containing this inert ingredient for many years. In addition, the sperm whale (from which sperm oil is derived) is a federally listed endangered species, and taking (or harming) this species is prohibited under the U.S. Endangered Species Act. Therefore, since this exemption corresponds to uses no longer current or registered under FIFRA in the United States, EPA is revoking the existing tolerance exemption under 40 CFR 180.910 because it is no longer necessary.
National Priorities List, Final Rule No. 48
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (``CERCLA'' or ``the Act''), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP'') include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants, or contaminants throughout the United States. The National Priorities List (``NPL'') constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (``EPA'' or ``the Agency'') in determining which sites warrant further investigation. These further investigations will allow EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule adds three sites to the NPL, all to the General Superfund Section.
Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule
The EPA is announcing 2 public hearings to be held for the proposed rule ``Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule'' which published in the Federal Register on October 27, 2009. The hearings will be held on Wednesday, November 18, 2009, in Arlington, VA, and on Thursday, November 19, 2009, in Rosemont, IL.
Medicare Programs; End-Stage Renal Disease Prospective Payment System; Extension of Comment Period
This notice extends the comment period for a proposed rule published in the Federal Register on September 29, 2009, (74 FR 49922). The proposed rule would implement a case-mix adjusted bundled prospective payment system (PPS) for Medicare outpatient end-stage renal disease (ESRD) dialysis facilities. The proposed ESRD PPS would also replace the current basic case-mix adjusted composite payment system and the methodologies for the reimbursement of separately billable outpatient ESRD services. The comment period for the proposed rule, which would have ended on November 16, 2009, is extended for 30 days.
Staff Accounting Bulletin No. 113
This Staff Accounting Bulletin (SAB) revises or rescinds portions of the interpretive guidance included in the section of the Staff Accounting Bulletin Series titled ``Topic 12: Oil and Gas Producing Activities'' (Topic 12) and revises a technical reference in ``Topic 3: Senior Securities'' (Topic 3). This update is intended to make the relevant interpretive guidance consistent with current authoritative accounting and auditing guidance and Commission rules and regulations. The principal changes involve revision or removal of material due to recent Commission rulemaking. Specifically, the staff is updating the Series in order to bring existing guidance into conformity with the contents of Financial Reporting Release No. 78 (Release No. 33-8995), Modernization of Oil and Gas Reporting, issued December 31, 2008 (FR-78), and, in the case of the technical amendment to SAB Topic 3, Financial Reporting Release No. 79 (Release Nos. 33- 9026; 34-59775), Technical Amendments to Rules, Forms, Schedules and Codification of Financial Reporting Policies (FR-79), issued April 15, 2009. This SAB also updates related interpretive responses and examples in Topic 12. The staff expects registrants to apply the updated guidance in this SAB related to Topic 12 on a prospective basis in conjunction with the application of FR-78 and retroactively for the technical amendment to Topic 3 in conjunction with the effective date of FR-79. FR-78 is effective for registration statements filed on or after January 1, 2010, and for annual reports on Forms 10-K and 20-F for fiscal years ending on or after December 31, 2009. FR-79 is effective as of April 23, 2009.
User Fees for Agricultural Quarantine and Inspection Services
This document withdraws the interim rule published in the Federal Register on September 28, 2009, adjusting the user fees charged for certain agricultural quarantine and inspection services provided in connection with certain commercial vessels, commercial trucks, commercial railroad cars, commercial aircraft, and international airline passengers arriving at ports in the customs territory of the United States. That interim rule was originally scheduled to become effective on October 1, 2009, but on October 2, 2009, we published in the Federal Register a second document delaying the effective date until November 1, 2009. We have now decided to withdraw the interim rule in order to explore other regulatory alternatives.
FM Table of Allotment; Crandon, WI
The Audio Division, on its own motion, substitutes Channel 276A for vacant Channel 276C3 at Crandon, Wisconsin to enable Station WGLX-FM to increase it current service area and eliminate the substandard spacing to the Crandon, Wisconsin allotment. A staff engineering analysis indicates that Channel 276A can be allotted to Crandon consistent with the minimum distance separation requirements of the Commission's rules at reference coordinates 45-34-18 NL and 88-53- 54 WL.
Tomatoes Grown in Florida; Decreased Assessment Rate
This rule decreases the assessment rate established for the Florida Tomato Committee (Committee) for the 2009-10 and subsequent fiscal periods from $0.0375 to $0.0275 per 25-pound carton of tomatoes handled. The Committee locally administers the marketing order, which regulates the handling of tomatoes grown in Florida. Assessments upon Florida tomato handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Revisions to the California State Implementation Plan, California Air Resources Board Consumer Products Regulations
EPA is finalizing approval of revisions to the California Air Resources Board portion of the California State Implementation Plan (SIP). These revisions were proposed in the Federal Register on June 26, 2009 and concern volatile organic compound (VOC) emissions from consumer products. We are approving State rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Drawback of Internal Revenue Excise Tax
This document provides an additional 30 days for interested parties to submit comments on the proposal to amend title 19 of the Code of Federal Regulations to preclude the filing of substitution drawback claims for internal revenue excise tax paid on imported merchandise in situations where no excise tax was paid upon the substituted merchandise or where the substituted merchandise is the subject of a different claim for refund or drawback of excise tax under any provision of the Internal Revenue Code. The proposed rule was published in the Federal Register on October 15, 2009, with comments due on or before November 16, 2009. A related proposed rulemaking prepared by the Alcohol and Tobacco Tax and Trade Bureau (TTB) within the Department of the Treasury was published in the same edition of the Federal Register, with comments due on or before December 14, 2009. In an effort to provide the public with equal opportunity to comment on these related proposals, CBP is extending the comment period to December 14, 2009.
Amendment of the Commission's Rules To Allocate Spectrum and Adopt Service Rules and Procedures To Govern the Use of Vehicle-Mounted Earth Stations in Certain Frequency Bands Allocated to the Fixed-Satellite Service
The Federal Communications Commission amends its rules to allocate spectrum and adopt service rules and procedures to govern the use of Vehicle-Mounted Earth Stations (VMES) in the Ku-band. These allocation, technical and licensing rules permit the domestic, U.S. licensing of VMES as a primary application of the Fixed-Satellite Service (FSS) in the relevant conventional and extended Ku-band frequencies.
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