December 22, 2009 – Federal Register Recent Federal Regulation Documents

Quarterly Rail Cost Adjustment Factor
Document Number: E9-30361
Type: Notice
Date: 2009-12-22
Agency: Surface Transportation Board, Department of Transportation
The Board has approved the first quarter 2010 rail cost adjustment factor (RCAF) and cost index filed by the Association of American Railroads. The first quarter 2010 RCAF (Unadjusted) is 1.038. The first quarter 2010 RCAF (Adjusted) is 0.467. The first quarter 2010 RCAF-5 is 0.443.
The National Infrastructure Advisory Council
Document Number: E9-30360
Type: Notice
Date: 2009-12-22
Agency: Department of Homeland Security
The National Infrastructure Advisory Council (NIAC) will meet on Tuesday, January 12, 2010 at the National Press Club's Ballroom, 529 14th Street, NW., Washington, DC 20045.
Solid Waste Rail Transfer Facilities
Document Number: E9-30358
Type: Notice
Date: 2009-12-22
Agency: Surface Transportation Board, Department of Transportation
This decision provides the factual basis for the Board's certification under 5 U.S.C. 605(b) of the Regulatory Flexibility Act that the interim rules governing the submission and review of applications for land-use-exemption permits and related filings under 49 CFR 1155 will not have a significant economic impact on a substantial number of small entities.
National Protection and Programs Directorate; Infrastructure Protection Data Call
Document Number: E9-30357
Type: Notice
Date: 2009-12-22
Agency: Department of Homeland Security
The Department of Homeland Security, National Protection and Programs Directorate, has submitted the following Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35).
Notice of Availability of the Final Environmental Impact Statement for Disposition of the Former Bureau of Mines Twin Cities Research Center Main Campus, Minnesota
Document Number: E9-30356
Type: Notice
Date: 2009-12-22
Agency: Department of the Interior, National Park Service
Pursuant to Section 102(2)(C) of the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(c), the National Park Service (NPS) announces the availability of a final Environmental Impact Statement (EIS) for disposition of the former Bureau of Mines Twin Cities Research Center Main Campus (Center), Hennepin County, Minnesota.
Environmental Impact Statement, San Diego County, CA
Document Number: E9-30353
Type: Notice
Date: 2009-12-22
Agency: Federal Highway Administration, Department of Transportation
The FHWA is issuing this notice to advise the public that the Notice of Intent to prepare an Environmental Impact Statement (EIS) for the proposed San Ysidro port of Entry located in the city of San Diego in San Diego County (Federal Register Vol. 68, No 127; FR Doc 03- 16784), California will be rescinded.
Employee Stock Purchase Plans Under Internal Revenue Code Section 423; Correction
Document Number: E9-30350
Type: Rule
Date: 2009-12-22
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains corrections to final regulations (TD 9471) that were published in the Federal Register on Tuesday, November 17, 2009 (74 FR 59074) providing guidance to assist taxpayers in complying with section 423 in addition to clarifying certain rules regarding options granted under an employee stock purchase plan.
Information Reporting Requirements Under Internal Revenue Code Section 6039; Correction
Document Number: E9-30349
Type: Rule
Date: 2009-12-22
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains corrections to final regulations (TD 9470) that were published in the Federal Register on Tuesday, November 17, 2009 (74 FR 59087) relating to the return and information statement requirements under section 6039 of the Internal Revenue Code.
Information Reporting Requirements Under Internal Revenue Code Section 6039; Correction
Document Number: E9-30348
Type: Rule
Date: 2009-12-22
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains corrections to final regulations (TD 9470) that were published in the Federal Register on Tuesday, November 17, 2009 (74 FR 59087) relating to the return and information statement requirements under section 6039 of the Internal Revenue Code.
Export Trade Certificate of Review
Document Number: E9-30346
Type: Notice
Date: 2009-12-22
Agency: Department of Commerce, International Trade Administration
Export Trading Company Affairs, International Trade Administration, U.S. Department of Commerce, has received an application to amend an Export Trade Certificate of Review (``Certificate''). This notice summarizes the proposed amendment and requests comments relevant to whether the Certificate should be issued.
Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Vendor Cost Containment; Approval of Information Collection Request
Document Number: E9-30345
Type: Rule
Date: 2009-12-22
Agency: Department of Agriculture, Food and Nutrition Service
The final rule entitled Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Vendor Cost Containment was published on October 8, 2009. The Office of Management and Budget cleared the associated information collection requirements (ICR) on November 2, 2009. This document announces approval of the ICR.
Notice of Intent To Grant an Exclusive License
Document Number: E9-30344
Type: Notice
Date: 2009-12-22
Agency: National Aeronautics and Space Administration, Agencies and Commissions
This notice is issued in accordance with 35 U.S.C. 209(c)(1) and 37 CFR 404.7(a)(1)(i). NASA hereby gives notice of its intent to grant an exclusive license in the United States to practice the invention described and claimed in the following U.S. Patent Application: ``Miniaturized Double Latching Solenoid Valve'' Application Serial No. 11/861,038 NASA Case No. GSC-15039-1 to Mindrum Precision, Incorporated having its principal place of business in Rancho Cucamonga, California. The patent rights in this invention have been assigned to the United States of America as represented by the Administrator of the National Aeronautics and Space Administration. The exclusive license will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7.
Qualification of Drivers; Exemption Applications; Vision
Document Number: E9-30343
Type: Notice
Date: 2009-12-22
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its denial of 92 applications from individuals who requested an exemption from the Federal vision standard applicable to interstate truck and bus drivers and the reasons for the denials. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemptions does not provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.
Qualification of Drivers; Exemption Applications; Diabetes
Document Number: E9-30342
Type: Notice
Date: 2009-12-22
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from 24 individuals for exemptions from the prohibition against persons with insulin- treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate commercial motor vehicles in interstate commerce.
Agency Information Collection Activities; Revision of a Currently-Approved Information Collection Request: Financial Responsibility for Motor Carriers of Passengers and Motor Carriers of Property
Document Number: E9-30341
Type: Notice
Date: 2009-12-22
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
In accordance with the Paperwork Reduction Act of 1995 (PRA), FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for its review and approval. The FMCSA requests approval to revise and extend an information collection request (ICR) entitled, ``Financial Responsibility for Motor Carriers of Passengers and Motor Carriers of Property.'' The information collected will be used to help ensure that motor carriers of passengers and motor carriers of property maintain appropriate levels of financial responsibility to operate on public highways. On October 19, 2009, FMCSA published a Federal Register notice (74 FR 53543) allowing for a 60-day comment period on the revision of this ICR. No comments were received in response to the notice.
Issuance of an Incidental Take Permit to Shell Wind Energy for Construction and Operation of the Bear River Ridge Wind Power Project (Multiple Species Habitat Conservation Plan), Humboldt County, CA
Document Number: E9-30340
Type: Notice
Date: 2009-12-22
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (USFWS), intend to prepare an Environmental Impact Statement (EIS), under the National Environmental Policy Act (NEPA) regarding an application from Shell Wind Energy for an incidental take permit for take of threatened wildlife species in accordance with section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The USFWS and the County of Humboldt will be developing a combined EIR and EIS document for the proposed project. Shell Wind Energy is proposing to construct and operate the Bear River Ridge Wind Power Project near Ferndale, in Humboldt County, California. The project would consist of up to 25 wind turbines with a generating capacity of 50 megawatts (MW) of electricity. Activities Shell Wind Energy will propose for permit coverage in its habitat conservation plan (Plan) include construction, operation, maintenance, and decommissioning of the Bear River Ridge Wind Power project and associated off-site improvements. The Plan may also cover certain proposed off site mitigation activities. We are furnishing this notice to announce the initiation of a public scoping period, during which we invite other agencies and the public to provide written comments on the range of alternatives and scope of issues to be included in the EIS.
Agency Forms Undergoing Paperwork Reduction Act Review
Document Number: E9-30339
Type: Notice
Date: 2009-12-22
Agency: Centers for Disease Control and Prevention, Department of Health and Human Services
Submission for OMB Review; Comment Request
Document Number: E9-30338
Type: Notice
Date: 2009-12-22
Agency: Securities and Exchange Commission, Agencies and Commissions
Certain Silicon Microphone Packages and Products Containing the Same; Notice of Investigation
Document Number: E9-30334
Type: Notice
Date: 2009-12-22
Agency: International Trade Commission, Agencies and Commissions
Notice is hereby given that a complaint and motion for temporary relief was filed with the U.S. International Trade Commission on November 12, 2009, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Knowles Electronic LLC of Itasca, Illinois. A supplement to the complaint was filed on December 1, 2009. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain silicon microphone packages and products containing the same by reason of infringement of certain claims of U.S. Patent No. 6,781,231 and U.S. Patent No. 7,242,089. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337.
Certain Collaborative System Products and Components Thereof; Notice of Commission Determination Not To Review an Initial Determination Granting Consent Motion To Terminate the Investigation Based on a Settlement Agreement; Termination of the Investigation
Document Number: E9-30333
Type: Notice
Date: 2009-12-22
Agency: International Trade Commission, Agencies and Commissions
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 7) of the presiding administrative law judge (``ALJ'') granting a consent motion by complainant to terminate the investigation based on a settlement agreement with respondent.
Petition for Exemption; Summary of Petition Received
Document Number: E9-30332
Type: Notice
Date: 2009-12-22
Agency: Federal Aviation Administration, Department of Transportation
This notice contains a summary of a petition seeking relief from specified requirements of 14 CFR. The purpose of this notice is to improve the public's awareness of, and participation in, this aspect of FAA's regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition.
New England Fishery Management Council; Public Hearings
Document Number: E9-30331
Type: Notice
Date: 2009-12-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The New England Fishery Management Council (Council) will hold three public hearings to solicit comment on Draft Amendment 4 and a Draft Environmental Assessment to the Atlantic Herring Fishery Management Plan (FMP).
New England Fishery Management Council; Public Meeting
Document Number: E9-30330
Type: Notice
Date: 2009-12-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The New England Fishery Management Council's (Council) Herring Committee will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).
New England Fishery Management Council; Public Meeting
Document Number: E9-30329
Type: Notice
Date: 2009-12-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The New England Fishery Management Council's (Council) Interspecies Committee will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).
Submission for OMB Review; Comment Request
Document Number: E9-30328
Type: Notice
Date: 2009-12-22
Agency: Department of Commerce
International Conference on Harmonisation; Guidance on Q4B Evaluation and Recommendation of Pharmacopoeial Texts for Use in the International Conference on Harmonisation Regions; Annex 8 on Sterility Test General Chapter; Availability
Document Number: E9-30326
Type: Notice
Date: 2009-12-22
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is announcing the availability of a guidance entitled ``Q4B Evaluation and Recommendation of Pharmacopoeial Texts for Use in the ICH Regions; Annex 8: Sterility Test General Chapter.'' The guidance was prepared under the auspices of the International Conference on Harmonisation of Technical Requirements for Registration of Pharmaceuticals for Human Use (ICH). The guidance provides the results of the ICH Q4B evaluation of the Sterility Test General Chapter harmonized text from each of the three pharmacopoeias (United States, European, and Japanese) represented by the Pharmacopoeial Discussion Group (PDG). The guidance conveys recognition of the three pharmacopoeial methods by the three ICH regulatory regions and provides specific information regarding the recognition. The guidance is intended to recognize the interchangeability between the local regional pharmacopoeias, thus avoiding redundant testing in favor of a common testing strategy in each regulatory region. In the Federal Register of February 21, 2008 (73 FR 9575), FDA made available a guidance on the Q4B process entitled ``Q4B Evaluation and Recommendation of Pharmacopoeial Texts for Use in the ICH Regions.''
Agency Information Collection Activity Seeking OMB Approval
Document Number: E9-30308
Type: Notice
Date: 2009-12-22
Agency: Federal Aviation Administration, Department of Transportation
The FAA invites public comments about our intention to request the Office of Management and Budget's (OMB) revision of a current information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on October 16, 2009, vol. 74, no. 199, page 53311. The information collected is needed for the applicant's noise certification compliance report in order to demonstrate compliance with 14 CFR part 36.
Agency Information Collection Activity Seeking OMB Approval
Document Number: E9-30307
Type: Notice
Date: 2009-12-22
Agency: Federal Aviation Administration, Department of Transportation
The FAA invites public comments about our intention to request the Office of Management and Budget's (OMB) revision of a current information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on October 16, 2009, vol. 74, no. 199, page 53311. This rule may require applicants to comply with the latest regulations in effect on the date of application for amended Type Certificates (TC) or a Supplemental TCs for aeronautical products.
Office of Hazardous Materials Safety; Notice of Application for Special Permits
Document Number: E9-30305
Type: Notice
Date: 2009-12-22
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR part 107, subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. Each mode of transportation for which a particular special permit is requested is indicated by a number in the ``Nature of Application'' portion of the table below as follows: 1Motor vehicle, 2Rail freight, 3Cargo vessel, 4Cargo aircraft only, 5Passenger-carrying aircraft.
Office of Hazardous Materials Safety; Notice of Applications for Modification of Special Permit
Document Number: E9-30304
Type: Notice
Date: 2009-12-22
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR Part 107, Subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the applications described herein. This notice is abbreviated to expedite docketing and public notice. Because the sections affected, modes of transportation, and the nature of application have been shown in earlier Federal Register publications, they are not repeated here. Requests for modification of special permits (e.g., to provide for additional hazardous materials, packaging design changes, additional mode of transportation, etc.) are described in footnotes to the application number. Application numbers with the suffix ``M'' denote a modification request. These applications have been separated from the new application for special permits to facilitate processing.
Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands
Document Number: E9-30287
Type: Rule
Date: 2009-12-22
Agency: Executive Office for Immigration Review, Department of Justice, Department of Homeland Security
With this amendment, the Department of Homeland Security (DHS) corrects an inadvertent error that was made in the interim final rule, Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands, published in the Federal Register on October 28, 2009, at 74 FR 55725.
Hazardous Materials: Incorporation of Special Permits Into Regulations
Document Number: E9-30280
Type: Proposed Rule
Date: 2009-12-22
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
The Pipeline and Hazardous Materials Safety Administration is proposing to amend the Hazardous Materials Regulations to incorporate provisions contained in certain widely used or longstanding special permits that have an established safety record. Special permits allow a company or individual to package or ship a hazardous material in a manner that varies from the regulations so long as an equivalent level of safety is maintained. The proposed revisions are intended to provide wider access to the regulatory flexibility offered in special permits and eliminate the need for numerous renewal requests, thus reducing paperwork burdens and facilitating commerce while maintaining an appropriate level of safety.
Hearing of the Judicial Conference; Advisory Committee on Bankruptcy Rules
Document Number: E9-30275
Type: Notice
Date: 2009-12-22
Agency: Judicial Conference of the United States, Agencies and Commissions
The following public hearing on proposed amendments to the Federal Rules of Bankruptcy Procedure, has been canceled:
Hearing of the Judicial Conference Advisory Committee on Criminal Rules
Document Number: E9-30271
Type: Notice
Date: 2009-12-22
Agency: Judicial Conference of the United States, Agencies and Commissions
The following public hearing on proposed amendments to the Federal Rules of Criminal Procedure, has been canceled:
Hearing of the Judicial Conference; Advisory Committee on Criminal Rules
Document Number: E9-30267
Type: Notice
Date: 2009-12-22
Agency: Judicial Conference of the United States, Agencies and Commissions
The following public hearing on proposed amendments to the Federal Rules of Criminal Procedure, has been canceled:
Notice of Proposed Exemptions
Document Number: E9-30262
Type: Notice
Date: 2009-12-22
Agency: Employee Benefits Security Administration, Department of Labor
This document contains notices of pendency before the Department of Labor (the Department) of proposed exemptions from certain of the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974 (ERISA or the Act) and/or the Internal Revenue Code of 1986 (the Code).
U.S. Coral Reef Task Force Public Meeting and Public Comment
Document Number: E9-30259
Type: Notice
Date: 2009-12-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given of a public meeting of the U.S. Coral Reef Task Force. The meeting will be held in Washington, DC. This meeting, the 23rd bi-annual meeting of the U.S. Coral Reef Task Force, provides a forum for coordinated planning and action among Federal agencies, State and territorial governments, and nongovernmental partners. Please register in advance by visiting the Web site listed below. This meeting has time allotted for public comment. All public comment must be submitted in written format. A written summary of the meeting will be posted on the Web site within two months of its occurrence.
Vehicle Identification Number Requirements; Technical Amendment
Document Number: E9-30027
Type: Rule
Date: 2009-12-22
Agency: National Highway Traffic Safety Administration, Department of Transportation
NHTSA published in the Federal Register of April 30, 2008, a final rule making certain changes in the 17-character vehicle identification number (VIN) system so that the system will remain viable for at least another 30 years. The effective date of that final rule was October 27, 2008. The agency published a correction document on May 16, 2008. Today's document makes further correction of several typographic errors in the regulatory text adopted by the April 2008 final rule.
Drawbridge Operation Regulation; Bonfouca Bayou, Slidell, LA
Document Number: E9-29750
Type: Rule
Date: 2009-12-22
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is changing the regulation governing the operation of the State Route (SR) 433 Swing Span Bridge across Bonfouca Bayou, mile 7.0, at Slidell, St. Tammany Parish, Louisiana. The Louisiana Department of Transportation and Development (LDOTD) requested that the operating regulation of the SR 433 Swing Span Bridge be changed in order to allow for signaled openings to begin later in the mornings and later in the evenings during the months of daylight savings time. This change allows the bridge to open on signal, except that from 9 p.m. to 7 a.m., from March 1 through October 30, the draw shall open on signal if at least two hours' notice is given. From November 1 through February 28 or 29, the bridge will revert to the two-hour notice requirement from 6 p.m. to 6 a.m.
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