December 23, 2009 – Federal Register Recent Federal Regulation Documents

Digital Performance Right in Sound Recordings and Ephemeral Recordings
Document Number: E9-30572
Type: Proposed Rule
Date: 2009-12-23
Agency: Copyright Royalty Board, Library of Congress, Library of Congress, Agencies and Commissions
The Copyright Royalty Judges are publishing for comment proposed regulations governing the statutory minimum fees to be paid by Commercial Webcasters under two statutory licenses, permitting certain digital performances of sound recordings and the making of ephemeral recordings, for the period beginning January 1, 2006, and ending on December 31, 2010.
Information Reporting for Payments Made in Settlement of Payment Card and Third Party Network Transactions; Correction
Document Number: E9-30551
Type: Proposed Rule
Date: 2009-12-23
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains corrections to a notice of proposed rulemaking (REG-139255-08) that were published in the Federal Register on Tuesday, November 24, 2009 (74 FR 61294) relating to information reporting requirements, information reporting penalties, and backup withholding requirements for payment card and third party network transactions.
Debt Collection Authorities Under the Debt Collection Improvement Act of 1996
Document Number: E9-30549
Type: Rule
Date: 2009-12-23
Agency: Fiscal Service, Public Debt Bureau, Department of Treasury, Department of the Treasury
This final rule adopts the interim rule, published in the Federal Register on June 11, 2009, concerning the time limitation on the collection of nontax debts by centralized offset.
Western and Central Pacific Fisheries for Highly Migratory Species; Bigeye Tuna Longline Fishery Closure
Document Number: E9-30539
Type: Rule
Date: 2009-12-23
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is closing the U.S. pelagic longline fishery for bigeye tuna in the western and central Pacific Ocean as a result of the fishery reaching the 2009 catch limit.
Notice Requirements for Certain Pension Plan Amendments Significantly Reducing the Rate of Future Benefit Accrual; Correction
Document Number: E9-30535
Type: Rule
Date: 2009-12-23
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains a correction to final regulations (TD 9472) that were published in the Federal Register on Tuesday, November 24, 2009 (74 FR 61270) providing guidance relating to the application of the section 204(h) notice requirements to a pension plan amendment that is permitted to reduce benefits accrued before the plan amendment's applicable amendment date.
Airworthiness Directives; Honeywell International Inc. Auxiliary Power Units Models GTCP36-150(R) and GTCP36-150(RR)
Document Number: E9-30512
Type: Proposed Rule
Date: 2009-12-23
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for Honeywell International Inc. auxiliary power units (APU) models GTCP36-150(R) and GTCP36-150(RR). This proposed AD would require inspecting the fuel control unit (FCU) differential pressure (Delta P) sleeve bore for erosion, replacing the FCU if it fails the inspection, and installing a fuel deflector on the Delta P sleeve of the FCU. This proposed AD results from eight reports of fuel leakage from the fuel control unit. We are proposing this AD to prevent fuel leakage in the APU compartment, which could lead to ignition of fuel vapor, creating a fire and explosion hazard resulting in injury, and damage to the APU and the airplane.
Airworthiness Directives; Turboméca ARRIEL 1B, 1D, 1D1, 2B, and 2B1 Turboshaft Engines
Document Number: E9-30511
Type: Proposed Rule
Date: 2009-12-23
Agency: Federal Aviation Administration, Department of Transportation
We propose to revise an existing 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:
Airworthiness Directives; International Aero Engines (IAE)
Document Number: E9-30508
Type: Proposed Rule
Date: 2009-12-23
Agency: Federal Aviation Administration, Department of Transportation
This supplemental NPRM revises an earlier proposed airworthiness directive (AD) applicable to IAE V2500-A1, V2527E-A5, V2527M-A5, V2528-D5, V2530-A5, and V2533-A5 turbofan engines. That proposed AD would have required a one-time inspection of certain vortex reducers for cracks, and replacing the reducer and high-pressure (HP) compressor stage 3-8 drum if the reducer is cracked. That proposed AD resulted from reports of fractured vortex reducers found at shop visits. This supplemental NPRM revises the proposed AD to add four engine models and four additional part numbers of HP compressor stage 3-8 drums to the applicability requirement. This proposed AD results from the manufacturer's latest service information containing engine models and drum assembly P/Ns that were not specified in the proposed AD. We are proposing this AD to inspect for cracks in the vortex reducer. Cracks in the vortex reducer could result in an uncontained failure of the HP compressor stage 3-8 drum and subsequent damage to the airplane.
Federal Civil Penalties Inflation Adjustment Act-2009 Implementation
Document Number: E9-30493
Type: Rule
Date: 2009-12-23
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is adjusting fines and other civil monetary penalties to reflect the impact of inflation. These adjustments are made in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996.
Quarterly Listings; Safety Zones, Security Zones, Special Local Regulations, and Drawbridge Operation Regulations; Correction
Document Number: E9-30492
Type: Rule
Date: 2009-12-23
Agency: Coast Guard, Department of Homeland Security
The U.S. Coast Guard published a notice in the Federal Register on November 27, 2009 (74 FR 62239), providing required notice of substantive rules issued by the Coast Guard and temporarily effective between March 2005 and November 2008, that expired before they could be published in the Federal Register. That notice inadvertently listed incorrect documents numbers in its table. This document corrects the table by replacing the notice in its entirety.
Safety Zones: Fireworks Displays in the Captain of the Port, Portland Zone
Document Number: E9-30491
Type: Rule
Date: 2009-12-23
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing several safety zones in the Captain of the Port Portland, Oregon zone for annual fireworks displays that take place around the 4th of July each year. The safety zones are necessary to help ensure the safety of the maritime public during the events and will do so by prohibiting all persons and vessels from entering the safety zones unless authorized by the Captain of the Port Portland, Oregon or his/her designated representatives.
Reporting of Offsets Agreements in Sales of Weapon Systems or Defense-Related Items to Foreign Countries or Foreign Firms
Document Number: E9-30488
Type: Rule
Date: 2009-12-23
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This final rule amends title 15 of the Code of Federal Regulations, part 701, which implements Section 309 of the Defense Production Act of 1950 (``Section 309''), as amended. The Bureau of Industry and Security (``BIS'') is amending part 701 to update and provide clarification with regard to the information U.S. firms are required to submit each year to BIS to support BIS's preparation of the annual report to Congress on offsets in defense trade.
Authorization Validated End-User: Amendment to Existing Validated End-User Authorizations in the People's Republic of China (PRC) and India
Document Number: E9-30487
Type: Rule
Date: 2009-12-23
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to suspend the availability of Authorization Validated End-User (VEU) status for any export, reexport, or transfer (in-country) of items subject to the EAR to Aviza Technology China, a VEU in the People's Republic of China (PRC/China) and to GE India's GE Fanuc Systems PVT Ltd facility in India. VEU status was provided to the PRC company in an April 2009 final rule published in the Federal Register, and to the eligible facility of the Indian company in a July 2009 final rule published in the Federal Register.
Amendments to the Export Administration Regulations (EAR) Based Upon the Accession of Albania and Croatia to Formal Membership in the North Atlantic Treaty Organization (NATO)
Document Number: E9-30484
Type: Rule
Date: 2009-12-23
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
The Bureau of Industry and Security (BIS) is publishing this final rule to amend certain requirements in the Export Administration Regulations (EAR) that apply to Albania and Croatia. These changes are based upon the accession of Albania and Croatia to formal membership in the North Atlantic Treaty Organization (NATO) on April 1, 2009. Consistent with the EAR license requirements and licensing policies that apply to members of NATO, this final rule amends the EAR to remove certain crime control (CC), national security (NS), and regional stability (RS) license requirements for these two countries. A license continues to be required for exports and reexports to Albania or Croatia of items on the Commerce Control List (CCL) controlled for national security or regional stability reasons that are identified as requiring a license to destinations indicated under NS Column 1 (also NS Column 2, for Albania) or RS Column 1, respectively, on the Commerce Country Chart. Certain restraint devices, discharge type arms, and related technology described on the CCL continue to require a license for crime control reasons to Albania or Croatia. A license also continues to be required for specially designed implements of torture described on the CCL. Furthermore, this rule does not affect any license requirements that apply to these countries based on other reasons for control identified in the EAR. This final rule also removes the EAR prohibition that applied to certain in transit shipments through Albania, removes Albania from Country Group D, and adds Albania to Country Group B. Croatia has already been designated in the EAR as a Country Group B country. In addition, this rule amends the provisions of License Exception APR (Additional Permissive Reexports) that apply to reexports of certain thermal imaging cameras to include Albania and Croatia among the list of eligible destinations. Finally, this rule amends the definition of ``NATO (North Atlantic Treaty Organization)'' in the EAR to include Albania and Croatia.
Removal of Entry From the Entity List: Person Removed Based on Removal Request
Document Number: E9-30480
Type: Rule
Date: 2009-12-23
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This rule amends the Export Administration Regulations (EAR) by removing one person from the Entity List (Supplement No. 4 to Part 744). This person is being removed from the Entity List because the End-User Review Committee (ERC) decided to approve this person's request for removal from the Entity List. The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) to parties identified on the Entity List require a license from the Bureau of Industry and Security (BIS) and that availability of License Exceptions in such transactions is limited.
Federal Motor Vehicle Safety Standards; Designated Seating Positions
Document Number: E9-30440
Type: Rule
Date: 2009-12-23
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document responds, in part, to petitions for reconsideration of an October 2008 final rule that amended the definition of the term, ``designated seating position,'' as used in the Federal motor vehicle safety standards, to clarify which areas within the interior of a vehicle meet that definition.
Qualification and Certification of Locomotive Engineers; Miscellaneous Revisions
Document Number: E9-30439
Type: Rule
Date: 2009-12-23
Agency: Federal Railroad Administration, Department of Transportation
FRA is making miscellaneous amendments to its regulation governing the qualification and certification of locomotive engineers.
Special Conditions: Cessna Aircraft Company, Model 525C; High Fuel Temperature
Document Number: E9-30436
Type: Rule
Date: 2009-12-23
Agency: Federal Aviation Administration, Department of Transportation
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 high fuel temperature. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed 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.
Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) Airplanes
Document Number: E9-30419
Type: Proposed Rule
Date: 2009-12-23
Agency: Federal Aviation Administration, Department of Transportation
We are revising an earlier NPRM for the products listed above. This action revises the earlier NPRM by expanding the scope. 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; Boeing Model 737-300, -400, and -500 Series Airplanes Equipped With a Digital Transient Suppression Device (DTSD) Installed in Accordance With Supplemental Type Certificate (STC) ST00127BO
Document Number: E9-30418
Type: Rule
Date: 2009-12-23
Agency: Federal Aviation Administration, Department of Transportation
The FAA is correcting information in an existing airworthiness directive (AD) that was published in the Federal Register on October 1, 2009. The error resulted in use of an outdated division name and e-mail
Airworthiness Directives; Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) Airplanes
Document Number: E9-30417
Type: Rule
Date: 2009-12-23
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above that would revise an existing AD. This 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:
Public Availability of Identities of Inert Ingredients in Pesticides
Document Number: E9-30408
Type: Proposed Rule
Date: 2009-12-23
Agency: Environmental Protection Agency
In response to two petitions seeking disclosure of selected inert ingredients on pesticide labels, based on hazard, EPA is initiating rulemaking to increase public availability of the identities of the inert ingredients in pesticide products. This action would assist consumers and users of pesticides in making informed decisions and reduce the presence of potentially hazardous ingredients in pesticides.
Fenarimol; Pesticide Tolerances
Document Number: E9-30371
Type: Rule
Date: 2009-12-23
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of fenarimol in or on hop, dried cones. This regulation additionally increases the established tolerance in or on apple. Interregional Research Project Number 4 (IR-4) requested the tolerance on hop and EPA proposed the tolerance increase on apple under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Notification of Arrival in U.S. Ports; Certain Dangerous Cargoes
Document Number: E9-30347
Type: Proposed Rule
Date: 2009-12-23
Agency: Coast Guard, Department of Homeland Security
On December 16, 2005, the Coast Guard published an interim rule that defined ``certain dangerous cargo residue'' (CDC residue). After reviewing comments on the interim rule, the Coast Guard proposes to change that definition to include certain bulk liquids and liquefied gases in residue quantities. Based on changes to the CDC residue definition, the Coast Guard also proposes to revise the definition of ``certain dangerous cargo.'' Additionally, the Coast Guard intends to adopt changes made to 33 CFR part 104 and 105 by the 2005 interim rule.
Proxy Disclosure Enhancements
Document Number: E9-30327
Type: Rule
Date: 2009-12-23
Agency: Securities and Exchange Commission, Agencies and Commissions
We are adopting amendments to our rules that will enhance information provided in connection with proxy solicitations and in other reports filed with the Commission. The amendments will require registrants to make new or revised disclosures about: compensation policies and practices that present material risks to the company; stock and option awards of executives and directors; director and nominee qualifications and legal proceedings; board leadership structure; the board's role in risk oversight; and potential conflicts of interest of compensation consultants that advise companies and their boards of directors. The amendments to our disclosure rules will be applicable to proxy and information statements, annual reports and registration statements under the Securities Exchange Act of 1934, and registration statements under the Securities Act of 1933 as well as the Investment Company Act of 1940. We are also transferring from Forms 10- Q and 10-K to Form 8-K the requirement to disclose shareholder voting results.
Exchange Visitor Program-Secondary School Students
Document Number: E9-30274
Type: Proposed Rule
Date: 2009-12-23
Agency: Department of State
The Department of State is proposing to amend and improve the Exchange Visitor Program regulations by providing greater specificity and clarity to sponsors of the Secondary School Student category with respect to the execution of sponsor oversight responsibilities under the exchange visitor programs. This section of the regulations governs Department designated exchange visitor programs under which foreign secondary school students (ages 15-18\1/2\) are afforded the opportunity to study in the United States at an accredited public or private secondary school for an academic semester or an academic year while living with an American host family or residing at an accredited U.S. boarding school. Specifically, the Department is proposing to amend existing regulations regarding the screening, selection, school enrollment, orientation, and monitoring of overall quality assurance on behalf of student participants; and the screening, selection, orientation, and quality assurance monitoring of host families. This program is recognized as one of the Department's most valued exchange initiatives. The Department believes, however, that the lack of sufficient specificity in the regulations or lack of suitable, minimum industry standards may have contributed to the placement of students with unacceptable, or poorly screened, host families thereby putting at risk the health, safety and well-being of this most vulnerable group of exchange visitors. The Department also recognizes that local coordinators, who serve as representatives (employees or volunteers) of the Secondary School Student sponsors and who have responsibility for obtaining school enrollment and locating and recruiting host families, are the critical link to a successful exchange program. Local coordinators exercise a degree of independent judgment when determining whether a potential host family is capable of providing a comfortable and nurturing home environment for a Secondary School Student, whether that family is an appropriate match for the student, and whether they have adequate financial resources to undertake hosting obligations. Accordingly, the Department proposes the adoption of an annual testing and certification program for all local and regional coordinators that will entail, inter alia, specifying more clearly the Department's regulatory requirements as well as all sponsoring organization specific training required by the organization for whom the local and regional coordinators work.
Bifenazate; Pesticide Tolerances
Document Number: E9-30138
Type: Rule
Date: 2009-12-23
Agency: Environmental Protection Agency
This regulation establishes a tolerance for combined residues of bifenazate (1-methylethyl 2-(4-methoxy[1,1'-biphenyl]-3-yl) hydrazinecarboxylate) and its metabolite, diazinecarboxylic acid, 2-(4- methoxy-[1,1'-biphenyl]-3-yl), 1-methylethyl ester (expressed as bifenazate) in or on bean, dry seed. Interregional Research Project 4 (IR-4) requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).
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