December 28, 2009 – Federal Register Recent Federal Regulation Documents

Domestic Licensing of Production and Utilization Facilities
Document Number: E9-30739
Type: Rule
Date: 2009-12-28
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Resolution and Receivership Rules
Document Number: E9-30738
Type: Rule
Date: 2009-12-28
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Skate Complex Fishery; Amendment 3 to the Northeast Skate Complex Fishery Management Plan
Document Number: E9-30693
Type: Proposed Rule
Date: 2009-12-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that the New England Fishery Management Council (Council) has submitted Amendment 3 to the Northeast Skate Complex Fishery Management Plan (FMP) (Amendment 3), incorporating a Final Environmental Impact Statement (FEIS) and an Initial Regulatory Flexibility Analysis (IRFA), for review by the Secretary of Commerce. NMFS is requesting comments from the public on Amendment 3, which was developed by the Council to rebuild overfished skate stocks and implement annual catch limits (ACLs) and accountability measures (AMs) consistent with the requirements of the reauthorized Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Amendment 3 would implement a rebuilding plan for smooth skate and establish an ACL and annual catch target (ACT) for the skate complex, total allowable landings (TAL) for the skate wing and bait fisheries, seasonal quotas for the bait fishery, reduced possession limits, in- season possession limit triggers, and other measures to improve management.
Change in Disease Status of the Republic of Korea With Regard to Foot-and-Mouth Disease and Rinderpest
Document Number: E9-30668
Type: Rule
Date: 2009-12-28
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the regulations to add the Republic of Korea to the list of regions that are considered free of rinderpest and foot- and-mouth disease (FMD). We are taking this action because we have conducted an evaluation and determined that the Republic of Korea is free of rinderpest and FMD. We are also adding the Republic of Korea to the list of regions that are subject to certain import restrictions on meat and meat products because of their proximity to or trading relationships with rinderpest- or FMD-affected countries. These actions will update the disease status of the Republic of Korea with regard to rinderpest and FMD while continuing to protect the United States from an introduction of those diseases by providing additional requirements for meat and other animal products imported into the United States from the Republic of Korea.
Restricted Areas and Danger Zones at Eglin Air Force Base, FL
Document Number: E9-30659
Type: Proposed Rule
Date: 2009-12-28
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The U.S. Army Corps of Engineers (Corps) is proposing to revise several existing danger zone and restricted area regulations and to establish four new restricted areas within the Eglin Air Force Base (AFB) facilities and along the Eglin AFB facility shoreline in Florida. The Eglin AFB and Eglin Reservation span over 724 square miles with over 150 miles of waterway boundary. This amendment to the existing regulation is necessary to update their water boundary security plan to provide adequate protection to Eglin personnel and resources.
Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes
Document Number: E9-30638
Type: Rule
Date: 2009-12-28
Agency: Office of the Secretary, Department of Homeland Security
Pursuant to the Department of Homeland Security's REAL ID regulations, States must be in material compliance with the REAL ID ACT of 2005, 49 U.S.C. 30301 note, by January 1, 2010. This final rule stays that date. Any new material compliance dates will be announced in a future Federal Register document.
Supplemental Revenue Assistance Payments Program
Document Number: E9-30632
Type: Rule
Date: 2009-12-28
Agency: Department of Agriculture, Farm Service Agency
This rule implements specific requirements for the new Supplemental Revenue Assistance Payments Program (SURE) authorized by the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill). SURE provides disaster assistance to eligible participants who have experienced qualifying crop production losses, or crop quality losses, or both, occurring in crop year 2008 through September 30, 2011. All crops for which crop insurance or noninsured crop disaster assistance program (NAP) coverage is available are eligible crops for SURE. To be eligible for SURE payments, participants must meet a risk management purchase requirement, with some exceptions, and have suffered a qualifying loss due to disaster. A qualifying loss is a loss of at least 10 percent of a crop of economic significance on a participant's farm in a disaster county (a county for which a Secretarial disaster declaration has been issued or a county contiguous to such a county), or on a participant's farm with an overall loss greater than 50 percent of normal production (expected revenue for all crops on the farm) due to disaster. This rule specifies how a qualifying loss is determined, how SURE payments are calculated, and how and when participants may apply for payment.
Protection of Stratospheric Ozone: New Substitute in the Motor Vehicle Air Conditioning Sector Under the Significant New Alternatives Policy (SNAP) Program
Document Number: E9-30629
Type: Proposed Rule
Date: 2009-12-28
Agency: Environmental Protection Agency
EPA issued a proposed rule in the Federal Register of October 19, 2009, proposing to find HFO-1234yf acceptable, subject to use conditions as a substitute for CFC-12 in motor vehicle air conditioning. The proposed substitute is a non-ozone-depleting substance and consequently does not contribute to stratospheric ozone depletion. In response to requests from several stakeholders and to allow comments on new supporting materials, this action reopens the public comment period through February 1, 2010.
Move Update Assessment Charges for Automation and Presort First-Class Mail and All Standard Mail Mailings
Document Number: E9-30619
Type: Rule
Date: 2009-12-28
Agency: Postal Service, Agencies and Commissions
The Postal Service issues this notice to revise the final rule that was published in the Federal Register on Tuesday, October 27, 2009 providing new Move Update assessment procedures, and to clarify the Performance-Based Verification process.
Home Mortgage Disclosure
Document Number: E9-30603
Type: Rule
Date: 2009-12-28
Agency: Federal Reserve System, Agencies and Commissions
The Board is publishing a final rule amending the staff commentary that interprets the requirements of Regulation C (Home Mortgage Disclosure) to reflect no change in the asset-size exemption threshold for depository institutions based on the annual percentage change in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPIW). The exemption threshold remains $39 million. The CPIW decreased by 0.98 percent during the twelve-month period ending in November 2009, but this change is too small to warrant any reduction in the exemption threshold pursuant to Regulation C. Therefore, depository institutions with assets of $39 million or less as of December 31, 2009 are exempt from collecting data in 2010.
New Animal Drugs; Change of Sponsor; Isoflurane
Document Number: E9-30590
Type: Rule
Date: 2009-12-28
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect a change of sponsor for an abbreviated new animal drug application (ANADA) for isoflurane, USP, from Nicholas Piramal India Ltd. UK, to Piramal Healthcare Ltd.
Revisions To Rule 163
Document Number: E9-30589
Type: Proposed Rule
Date: 2009-12-28
Agency: Securities and Exchange Commission, Agencies and Commissions
We are proposing amendments to Rule 163(c) under the Securities Act of 1933 that would allow a well-known seasoned issuer to authorize an underwriter or dealer to act as its agent or representative in communicating about offerings of the issuer's securities prior to the filing of a registration statement. We believe that the proposed amendments should further facilitate capital formation by well-known seasoned issuers by removing certain impediments to issuer communications with broader groups of potential investors regarding offerings of securities.
Airworthiness Directives; The Boeing Company Model 707 Airplanes, and Model 720 and 720B Series Airplanes
Document Number: E9-30564
Type: Rule
Date: 2009-12-28
Agency: Federal Aviation Administration, Department of Transportation
The FAA is revising an existing airworthiness directive (AD), which applies to all Model 707 airplanes, and Model 720 and 720B series airplanes. That AD currently requires revising the FAA-approved maintenance program by incorporating new airworthiness limitations (AWLs) for fuel tank systems to satisfy Special Federal Aviation Regulation No. 88 requirements. That AD also requires an initial inspection to phase in certain repetitive AWL inspections, and repair if necessary. This AD clarifies the intended effect of the AD on spare and on-airplane fuel tank system components. This AD results from design review of the fuel tank systems. We are issuing this AD to prevent the potential for ignition sources inside fuel tanks caused by latent failures, alterations, repairs, or maintenance actions, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.
Offset of Tax Refund Payments To Collect Past-Due, Legally Enforceable Nontax Debt
Document Number: E9-30550
Type: Rule
Date: 2009-12-28
Agency: Fiscal Service, Public Debt Bureau, Department of Treasury, Department of the Treasury
The Department of the Treasury, Financial Management Service (FMS), is amending its regulation governing the centralized offset of tax refund payments to collect nontax debts owed to the United States. The amendment authorizes the offset of Federal tax refunds irrespective of the amount of time the debt has been outstanding.
Apportionment of Tax Items Among the Members of a Controlled Group of Corporations
Document Number: E9-30547
Type: Rule
Date: 2009-12-28
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final regulations that provide guidance to corporations that are component members of a controlled group of corporations and to consolidated groups filing life-nonlife Federal income tax returns. They provide guidance to component members regarding the apportionment of tax benefit items and the amount and type of information they are required to submit with their returns.
FCC Announces Change in Filing Location for Paper Documents
Document Number: E9-30515
Type: Rule
Date: 2009-12-28
Agency: Federal Communications Commission, Agencies and Commissions
This document makes nomenclature changes to the Commission's
Periodic Reporting
Document Number: E9-30477
Type: Proposed Rule
Date: 2009-12-28
Agency: Postal Regulatory Commission, Agencies and Commissions
The Postal Service has proposed adjustments to the methodology of a key element in the Periodicals cost model. If adopted, the adjustments could affect the price of postage for periodical publications. The Commission is establishing a docket to consider this proposal and invites public comment.
Revised Filing Requirements for Centralized Service Companies Under the Public Utility Holding Company Act of 2005, the Federal Power Act, and the Natural Gas Act
Document Number: E9-30449
Type: Rule
Date: 2009-12-28
Agency: Department of Energy, Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission is revising its regulations to require every centralized service company that provides non-power services to any public utility, natural gas company, or both, to file Form No. 60 (Annual Report of Centralized Service Companies) annually and abide by the Uniform System of Accounts, unless exempted or granted a waiver. This rule provides greater transparency and will aid the Commission in fulfilling its regulatory obligations under the Federal Power Act and the Natural Gas Act to ensure that rates are just and reasonable.
Airworthiness Directives; The Boeing Company Model 767-200, -300, -300F, and -400ER Series Airplanes
Document Number: E9-30420
Type: Rule
Date: 2009-12-28
Agency: Federal Aviation Administration, Department of Transportation
The FAA is revising an existing airworthiness directive (AD), which applies to certain Model 767-200, -300, -300F, and -400ER series airplanes. That AD currently requires revising the FAA-approved maintenance program to incorporate new airworthiness limitations (AWLs) for fuel tank systems to satisfy Special Federal Aviation Regulation No. 88 requirements. That AD also requires an initial inspection to phase in certain repetitive AWL inspections, and repair if necessary. This AD clarifies the intended effect of the AD on spare and on- airplane fuel tank system components. This AD results from a design review of the fuel tank systems. We are issuing this AD to prevent the potential for ignition sources inside fuel tanks caused by latent failures, alterations, repairs, or maintenance actions, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.
Approval and Promulgation of Air Quality Implementation Plans; Indiana
Document Number: E9-30406
Type: Rule
Date: 2009-12-28
Agency: Environmental Protection Agency
Indiana has requested that EPA approve as revisions to its State Implementation Plan (SIP) both its continuous emission monitoring rule and alternative monitoring requirements for Alcoa Power Generating, Inc.Warrick Power Plant. The alternative monitoring requirements allow the use of a particulate matter (PM) continuous emissions monitoring system (CEMS) in place of a continuous opacity monitor system (COMS).
Approval and Promulgation of Air Quality Implementation Plans; Indiana
Document Number: E9-30405
Type: Proposed Rule
Date: 2009-12-28
Agency: Environmental Protection Agency
Indiana has requested that EPA approve as revisions to its State Implementation Plan both its continuous emission monitoring rule and alternative monitoring requirements for Alcoa Power Generating, Inc.Warrick Power Plant. The alternative monitoring requirements allow the use of a particulate matter continuous emissions monitoring system in place of a continuous opacity monitor system.
Federal Motor Vehicle Safety Standards; Bus Emergency Exits and Window Retention and Release
Document Number: E9-30324
Type: Proposed Rule
Date: 2009-12-28
Agency: National Highway Traffic Safety Administration, Department of Transportation
This NPRM proposes two housekeeping measures relating to Federal Motor Vehicle Safety Standard (FMVSS) No. 217, ``Bus emergency exits and window retention and release.'' First, in response to a petition for rulemaking from the School Bus Manufacturers' Technical Council, NHTSA proposes to amend the standard to specify that the exterior release (the exterior handle) for school bus rear emergency exit doors may be located opposite the door hinges. The standard currently specifies that the exterior release for rear emergency exit doors be located in the middle of the door. Second, this NPRM would clarify FMVSS No. 217 as to the number of force applications that are required to open a window or roof emergency exit. For exits with one release mechanism, the exit shall require two force applications to open. The standard currently specifies that the ``mechanism'' shall require two force applications to open. For exits with two release mechanisms, there shall be a total of three force applications to open the exit: one force application shall be applied to each of the two mechanisms to release the mechanism, and another force shall be applied to open the exit.
Amendment of Class E Airspace; West Branch, MI
Document Number: E9-30273
Type: Rule
Date: 2009-12-28
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace at West Branch, MI, to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAPs) at West Branch Community Airport, West Branch, MI. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.
Amendment of Class D Airspace; St. Louis, MO
Document Number: E9-30269
Type: Rule
Date: 2009-12-28
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class D airspace to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAPs) at Spirit of St. Louis Airport, St. Louis, MO. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at Spirit of St. Louis Airport.
Amendment of Class E Airspace; Red Oak, IA
Document Number: E9-30192
Type: Rule
Date: 2009-12-28
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace for Red Oak, IA, adding additional controlled airspace to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAPs) at Red Oak Municipal Airport, Red Oak, IA. This action also updates the geographic coordinates of Red Oak Municipal Airport and the Red Oak non- directional beacon (NDB). The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at Red Oak Municipal Airport.
Establishment of Class E Airspace; Albany, TX
Document Number: E9-30189
Type: Rule
Date: 2009-12-28
Agency: Federal Aviation Administration, Department of Transportation
This action establishes Class E airspace at Albany, TX, to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAPs) at Albany Municipal Airport, Albany, TX. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: E9-30178
Type: Rule
Date: 2009-12-28
Agency: Department of Transportation, Federal Aviation Administration
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.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: E9-30177
Type: Rule
Date: 2009-12-28
Agency: Federal Aviation Administration, Department of Transportation
This 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.
Airworthiness Directives; AeroSpace Technologies of Australia Pty Ltd Models N22B, N22S, and N24A Airplanes
Document Number: E9-30000
Type: Rule
Date: 2009-12-28
Agency: Federal Aviation Administration, Department of Transportation
We are superseding an existing airworthiness directive (AD) for the products listed above. This 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; Turbomeca Arriel 1A1, 1A2, 1B, 1C, 1C1, 1C2, 1D, 1D1, 1E2, 1K1, 1S, and 1S1 Turboshaft Engines
Document Number: E9-29985
Type: Rule
Date: 2009-12-28
Agency: Federal Aviation Administration, Department of Transportation
The FAA is superseding an existing airworthiness directive (AD) for Turbomeca Arriel 1A1, 1A2, 1B, 1C, 1C1, 1C2, 1D, 1D1, 1E2, 1K1, 1S, and 1S1 turboshaft engines. That AD currently requires initial and repetitive visual inspections of certain reduction gearboxes (module M05) for oil leakage, repair if leaking, and repair of all affected modules as optional terminating action to the repetitive inspections. This AD requires the same actions, but adds five more serial numbers of the reduction gearboxes (module M05) that are affected, and adds an alternative optional terminating action to the repetitive visual inspections. This AD results from Turbomeca identifying five additional reduction gearboxes (module M05) affected, and adding an alternative optional terminating action to the repetitive visual inspections. We are issuing this AD to prevent uncommanded in- flight engine shutdown, possible engine fire, and an emergency autorotation landing.
Airworthiness Directives; PILATUS Aircraft Ltd. Model PC-7 Airplanes
Document Number: E9-29983
Type: Rule
Date: 2009-12-28
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. This 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; Boeing Model 737-600, -700, -700C, -800, and -900 Series Airplanes
Document Number: E9-29964
Type: Rule
Date: 2009-12-28
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 737-600, -700, -700C, -800, and -900 series airplanes. This AD requires repetitive lubrication of the left and right main landing gear (MLG) forward trunnion pins; and an inspection for discrepancies of the transition radius, lead-in chamfer, and cross- bolt bore of the MLG forward trunnion pins, and repair or replacement if necessary. Doing the applicable inspections and repairs/ replacements, or overhauling the trunnion pins ends the repetitive lubrication requirements of this AD. For airplanes on which a certain repair is done, this AD requires repetitive inspections for discrepancies of the transition radius. This AD results from a report that the protective finishes on the forward trunnion pins for the left and right MLG might have been damaged during final assembly. We are issuing this AD to prevent cracking of the forward trunnion pin, which could result in fracture of the pin and consequent collapse of the MLG.
Airworthiness Directives; Boeing Model 737-300, -400, -500, -600, -700, -700C, -800, and -900, and 747-400 Series Airplanes; and Model 757, 767, and 777 Airplanes
Document Number: E9-29963
Type: Rule
Date: 2009-12-28
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 737-300, -400, -500, -600, -700, -700C, -800, and
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