December 17, 2009 – Federal Register Recent Federal Regulation Documents
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State Technical Committees
The Natural Resources Conservation Service (NRCS) is publishing a final rule that sets forth the policies for State Technical Committees at 7 CFR part 610, subpart C. NRCS published the State Technical Committee interim final rule in the Federal Register on November 25, 2008. NRCS published standard operating procedures for State Technical Committees as a notice in the Federal Register on April 7, 2009. The public was invited to comment on both the interim final rule and the standard operating procedures. This final rule incorporates changes made to 7 CFR part 610, subpart C, in response to public comments received on the interim final rule and the standard operating procedures. Subsequent to the publication of this final rule, and utilizing the comments received, NRCS will make further updates to its standard operating procedures.
Vehicle Identification Number Requirements
This document denies two petitions for reconsideration of an April 30, 2008, final rule that made certain modifications to 49 CFR part 565, Vehicle Identification Number Requirements, to enable the 17 character vehicle identification number (VIN) system that has been in place for nearly 30 years to continue to function for at least another 30 years. One of the petitions for reconsideration involved the effective date, which NHTSA believes was resolved by the publication of a correction notice on May 16, 2008. The second petition asked for changes to the VIN system so that, among other things, a person looking at the VIN of a motorcycle will be able to tell whether the vehicle was manufactured in the 30 year period beginning with the 1980 model year or in the 30 year period beginning with the 2010 model year. The agency is denying the petition because the issues it raises were outside of the scope of the rulemaking.
New Animal Drugs for Use in Animal Feeds; Ractopamine; Tylosin
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a supplemental new animal drug application (NADA) filed by Elanco Animal Health. The supplemental NADA provides for use of two-way combination Type B and C medicated swine feeds formulated with ractopamine hydrochloride and tylosin phosphate following use of tylosin tartrate medicated drinking water consistent with the sequential use approved for single-ingredient tylosin medicated swine feed.
Airworthiness Directives; Hawker Beechcraft Corporation Model G58 Airplanes
We propose to adopt a new airworthiness directive (AD) for certain Hawker Beechcraft Corporation Model G58 airplanes. This proposed AD would require inspecting the installation of stand-off hardware between the heater fuel line and the heater over-temperature sensor wires for minimum clearance and installing acceptable stand-off hardware if stand-off hardware is missing or inadequate. This proposed AD would also require inspecting the brake reservoir line and the fuel heater power wire for damage and minimum clearance, replacing any damaged wires and/or lines, and installing stand-off hardware if minimum clearance is not met. This proposed AD results from reports received of a power wire shorting out on the brake reservoir tube. We are proposing this AD to detect and correct inadequate clearance of the brake reservoir tubing and the heater fuel pump wiring, which could result in chafing and shorting out of the electrical wiring and chafing of the tubing carrying flammable fluids. This condition could lead to a fire in the nose wheel well.
Airworthiness Directives; Cessna Aircraft Company (Type Certificate Previously Held by Columbia Aircraft Manufacturing (Previously The Lancair Company)) Models LC40-550FG, LC41-550FG, and LC42-550FG Airplanes
We propose to supersede Airworthiness Directive (AD) 2009-09- 09, which applies to certain Cessna Aircraft Company (Cessna) (type certificate previously held by Columbia Aircraft Manufacturing (previously The Lancair Company)) Models LC40-550FG, LC41-550FG, and LC42-550FG airplanes. AD 2009-09-09 currently requires repetitive inspections of the rudder hinges and the rudder hinge brackets for damage, i.e., cracking, deformation, and discoloration. If damage is found during any inspection, AD 2009-09-09 also requires replacing the damaged rudder hinge and/or rudder hinge bracket. Since we issued AD 2009-09-09, Cessna has developed a modification that, when incorporated, would terminate the repetitive inspections required by AD 2009-09-09. The FAA has determined that long-term continued operational safety will be better assured by design changes that removed the source of the problem, rather than by repetitive inspections or other special procedures. Consequently, this proposed AD would retain the inspection requirements of AD 2009-09-09 and add a terminating action for the inspection requirements. We are proposing this AD to detect and correct damage in the rudder hinges and the rudder hinge brackets, which could result in failure of the rudder. This failure could lead to loss of control.
Postponement of Certain Tax-Related Deadlines by Reason of a Federally Declared Disaster or Terroristic or Military Action; Correction
This document contains corrections to final regulations (TD 9443) that were published in the Federal Register on Thursday, January 15, 2009 (74 FR 2370) relating to postponement of certain tax-related deadlines either due to service in a combat zone or due to a Federally declared disaster. The regulations reflect changes in the law made by the Victims of Terrorism Tax Relief Act of 2001, the Tax Extenders and Alternative Minimum Tax Relief Act of 2008 (TEAMTRA), and current IRS practice.
Postponement of Certain Tax-Related Deadlines by Reason of a Federally Declared Disaster or Terroristic or Military Action; Correction
This document contains a correction to final regulations (TD 9443) that were published in the Federal Register on Thursday, January 15, 2009 (74 FR 2370) relating to postponement of certain tax-related deadlines either due to service in a combat zone or due to a Federally declared disaster. The regulations reflect changes in the law made by the Victims of Terrorism Tax Relief Act of 2001, the Tax Extenders and Alternative Minimum Tax Relief Act of 2008 (TEAMTRA), and current IRS practice.
Airworthiness Directives; Hawker Beechcraft Corporation (Type Certificate Previously Held by Raytheon Aircraft Company) Models B300 and B300C Airplanes
We propose to adopt a new airworthiness directive (AD) for certain Hawker Beechcraft Corporation (type certificate previously held by Raytheon Aircraft Company) Models B300 and B300C airplanes. This proposed AD would require you to inspect the terminal board on the circuit card rack assembly to determine if the correct bus bar is installed. This proposed AD would also require you to replace the bus bar if necessary and inspect the left and right pitot heat annunciators for proper operation. This proposed AD results from reports of the left and right pitot heat annunciators not illuminating for an inoperative pitot heat condition. We are proposing this AD to detect and correct installation of an incorrect bus bar, which could result in failure of the pitot heat annunciators to illuminate. This failure could lead to the pilot being unaware that moisture has frozen on the pitot tube(s) and cause erroneous flight instrument indication.
Drawbridge Operation Regulations; Jamaica Bay, New York, NY, Maintenance
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Beach Channel Railroad Bridge at mile 6.7, across Jamaica Bay, at New York City, New York. Under this temporary deviation the Beach Channel Railroad Bridge may remain in the closed position for two weekends in December. This deviation is necessary to facilitate bridge maintenance repairs.
Endangered and Threatened Wildlife and Plants; 12-month Finding on a Petition To Change the Final Listing of the Distinct Population Segment of the Canada Lynx To Include New Mexico
We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to expand the listing of the Canada lynx (Lynx canadensis) to include the State of New Mexico, under the Endangered Species Act of 1973, as amended (Act). After a review of the best available scientific and commercial information, we find that the petition to change the boundary of the listing of Canada lynx is warranted but precluded by higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. We have determined that Canada lynx are regularly and frequently crossing the State boundary between Colorado and New Mexico. When lynx cross the boundary, their status under the Act changes, leaving lynx in New Mexico without Federal protection. Upon publication of this 12-month petition finding, we will add lynx in New Mexico to our candidate species list with a listing priority number of 12. We will develop a proposed rule to amend the listing of lynx in the lower 48 States as our priorities allow (see section of Preclusion and Expeditious Progress).
Total Inward Leakage Requirements for Respirators
The Centers for Disease Control and Prevention (CDC) is extending to March 29, 2010, the comment period for the notice of proposed rulemaking by the National Institute for Occupational Safety and Health (NIOSH) of CDC, entitled ``Total Inward Leakage Requirements for Respirators,'' published in the Federal Register on Friday, October 30, 2009 (74 FR 56141). In the notice of proposed rulemaking, CDC requested comments by December 29, 2009. The Agency is taking this action in response to requests for an extension to allow interested parties additional time to submit comments.
Land Border Carrier Initiative Program
This document proposes to amend U.S. Customs and Border Protection (CBP) regulations by removing the provisions pertaining to the Land Border Carrier Initiative Program (LBCIP). The LBCIP is a voluntary industry partnership program under which participating land and rail commercial carriers agree to enhance the security of their facilities and conveyances to prevent controlled substances from being smuggled into the United States.
Approval and Promulgation of Air Quality Implementation Plans; California; Monterey Bay Region 8-Hour Ozone Maintenance Plan
EPA is taking direct final action to approve a revision to the Monterey Bay Area portion of the California State Implementation Plan. Submitted by the California Air Resources Board on December 19, 2007, this plan revision consists of a maintenance plan prepared for the purpose of providing for continued attainment of the 8-hour ozone standard in Monterey Bay through the year 2014 and thereby satisfying the related requirements under Section 110(a)(1) of the Clean Air Act and EPA's phase 1 rule implementing the 8-hour ozone national ambient air quality standard. EPA is taking this action pursuant to those provisions of the Clean Air Act that obligate the Agency to take action on submittals of state implementation plans and plan revisions.
Approval and Promulgation of Air Quality Implementation Plans; California; Monterey Bay Region 8-Hour Ozone Maintenance Plan
On December 19, 2007, the State of California submitted an 8- hour ozone maintenance plan for the Monterey Bay Unified Air Pollution Control District and requested that EPA approve the plan as a revision to the California State Implementation Plan (SIP). In this action, EPA is proposing to approve the maintenance plan. In the ``Rules and Regulations'' section of this Federal Register, EPA is approving the State's request for approval of the maintenance plan as a direct final rule without prior proposal because the Agency views the maintenance plan and SIP revision as non-controversial and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this proposed rule, no further activity is contemplated in relation to this rule. If EPA receives adverse comments, the direct final rule will
Basis Reporting by Securities Brokers and Basis Determination for Stock
This document contains proposed regulations relating to reporting sales of securities by brokers and determining the basis of securities. The proposed regulations reflect changes in the law made by the Energy Improvement and Extension Act of 2008 that require brokers when reporting the sale of securities to the IRS to include the customer's adjusted basis in the sold securities and to classify any gain or loss as long-term or short-term. This document also contains proposed regulations reflecting changes in the law that alter how taxpayers compute basis when averaging the basis of shares acquired at different prices and that expand the ability of taxpayers to compute basis by averaging. The document also proposes regulations that provide brokers and others until February 15 to furnish certain information statements to customers. This document also contains proposed regulations that implement new reporting requirements imposed upon persons that transfer custody of stock and upon issuers of stock regarding organizational actions that affect the basis of the issued stock. This document also contains proposed regulations reflecting changes in the law that alter how brokers report short sales of securities. Finally, this document provides for a notice of a public hearing on these proposed regulations.
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