2009 – Federal Register Recent Federal Regulation Documents

The Secretary establishes new regulations regarding Institutions and Lender Requirements Relating to Education Loans, to implement requirements relating to education loans that were added to the Higher Education Act of 1965, as amended (HEA) by the Higher Education Opportunity Act of 2008 (HEOA). The Secretary also amends the regulations for Student Assistance General Provisions, the Federal Perkins Loan (Perkins Loan) Program, the Federal Family Education Loan (FFEL) Program, and the William D. Ford Federal Direct Loan (Direct Loan) Program to implement certain provisions of the HEA that involve school-based loan issues and that were affected by the statutory changes made to the HEA by the HEOA.

This interim rule lists communities where modification of the Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents.

The Farm Credit Administration (FCA or Agency), through the FCA Board (Board), issued a direct final rule under part 604 on August 31, 2009 (74 FR 44727) amending FCA's regulations on meeting announcements to provide greater flexibility to the FCA Board in scheduling meetings. In accordance with 12 U.S.C. 2252, the effective date of the final rule is 30 days from the date of publication in the Federal Register during which either or both Houses of Congress are in session. Based on the records of the sessions of Congress, the effective date of the regulations is October 22, 2009.

This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date.

This notice of data availability (NODA) invites comments on a revised risk analysis supporting the Environmental Protection Agency's (EPA) proposed revisions to the Resource Conservation Recovery Act (RCRA) hazardous waste regulations governing the management of solvent-

NMFS continues the management measures implemented by the April 13, 2009, interim rule (as modified by the July 8, 2009 interim rule), which is scheduled to expire on October 28, 2009. Specifically, this temporary rule maintains the current interim commercial and recreational management measures intended to reduce overfishing on certain stocks managed by the Northeast (NE) Multispecies Fishery Management Plan (FMP), for the remainder of the 2009 fishing year (FY)(i.e., through April 30, 2010).

NMFS is prohibiting directed fishing for Pacific ocean perch by vessels participating in the Amendment 80 limited access fishery in the Western Aleutian District of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2009 Pacific ocean perch allocation specified for vessels participating in the Amendment 80 limited access fishery in the Western Aleutian District of the BSAI.

NMFS is prohibiting directed fishing for Atka mackerel by vessels participating in the Amendment 80 limited access fishery in the Western Aleutian District of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2009 Atka mackerel allocation total allowable catch (TAC) allocated to vessels participating in the Amendment 80 limited access fishery in the Western Aleutian District of the BSAI.

The FAA is revising an existing airworthiness directive (AD), which applies to all Airbus Model A300 airplanes. That AD currently requires revising the Airworthiness Limitations Section of the Instructions for Continued Airworthiness to incorporate new limitations for fuel tank systems. This AD clarifies the intended effect of the AD on spare and on-airplane fuel tank system components. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors caused by latent failures, alterations, repairs, or maintenance actions, could result in fuel tank explosions and consequent loss of the airplane.

The General Services Administration (GSA) is amending the Federal Travel Regulation (FTR) by implementing recommendations contained in the September 2007, Government Accountability Office (GAO) report, ``Premium Class Travel: Internal Control Weaknesses Governmentwide Led to Improper and Abusive Use of Premium Class Travel'' (GAO-07-1268). This final rule strengthens the management and accountability measures related to the use of premium class transportation accommodations by Federal employees while on official business travel.

This document contains corrections to final regulations (TD 9460) that were published in the Federal Register on Wednesday, September 9, 2009 (74 FR 46347) regarding petitions filed with the United States Tax Court for declaratory judgments with respect to the valuation of gifts.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the distinct population segment (DPS) of American dipper (Cinclus mexicanus unicolor) in the Black Hills of South Dakota as threatened or endangered and designate critical habitat under the Endangered Species Act of 1973, as amended (Act). For the purposes of this finding, we evaluated whether the petition presents substantial information to indicate whether the petitioned entity (the American dipper in the Black Hills of South Dakota) is a listable entity. Based on our review of the best available scientific and commercial information, we conclude that the American dipper in the Black Hills of South Dakota is not a listable entity under the Act. Because the petition did not present substantial information that the American dipper in the Black Hills of South Dakota is a DPS, we did not evaluate whether the information contained in the petition regarding threats was substantial. Therefore, we will not initiate a status review to determine if listing this subspecies is warranted in response to this petition. However, the public may submit to us new information concerning the subspecies, its status, or threats to it at any time.

The Postal Service is revising the Mailing Standards of the United States Postal Service, International Mail Manual (IMM[reg]) to require that mailpieces prepared as a commercial bulk mailing must bear

The Secretary amends its regulations governing institutional eligibility and the Secretary's recognition of accrediting agencies. The Secretary is amending these regulations to implement changes to the Higher Education Act of 1965, as amended (HEA), resulting from enactment of the Higher Education Reconciliation Act of 2005 (HERA), and the Higher Education Opportunity Act (HEOA), and to clarify, improve, and update the current regulations.

We are adopting a new airworthiness directive (AD) for the products listed above. 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:

EPA is proposing to tailor the major source applicability thresholds for greenhouse gas (GHG) emissions under the Prevention of Significant Deterioration (PSD) and title V programs of the Clean Air Act (CAA or Act) and to set a PSD significance level for GHG emissions. This proposal is necessary because EPA expects soon to promulgate regulations under the CAA to control GHG emissions and, as a result, trigger PSD and title V applicability requirements for GHG emissions. If PSD and title V requirements apply at the applicability levels provided under the CAA, State permitting authorities would be paralyzed by permit applications in numbers that are orders of magnitude greater than their current administrative resources could accommodate. On the basis of the legal doctrines of ``absurd results'' and ``administrative necessity,'' this proposed rule would phase in the applicability thresholds for both the PSD and title V programs for sources of GHG emissions. The first phase, which would last 6 years, would establish a temporary level for the PSD and title V applicability thresholds at 25,000 tons per year (tpy), on a ``carbon dioxide equivalent'' (CO2e) basis, and a temporary PSD significance level for GHG emissions of between 10,000 and 25,000 tpy CO2e. EPA would also take other streamlining actions during this time. Within 5 years of the final version of this rule, EPA would conduct a study to assess the administrability issues. Then, EPA would conduct another rulemaking, to be completed by the end of the sixth year, that would promulgate, as the second phase, revised applicability and significance level thresholds and other streamlining techniques, as appropriate.

The Coast Guard is issuing a correction to an earlier notice that published in the Federal Register on Thursday, October 22, 2009, in order to correct the location of the Oakland, CA, public meeting listed in that earlier notice. The public meetings will be held by the Coast Guard (USCG) regarding the Notice of Proposed Rulemaking (NPRM) entitled ``Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters'' that published in the Federal Register on Friday, August 28, 2009. For the Oakland, CA meeting, our earlier notice incorrectly listed the Marriott Oakland City Center, 1001 Broadway, Oakland, CA 94607. The correct location for the Oakland public meeting is the Hilton Oakland Airport, One Hegenberger Road, Oakland, CA 94621.

5 U.S.C. 5702 authorizes the General Services Administration (GSA) to establish per diem allowances within the continental United States (CONUS) for the reimbursement for actual and necessary expenses of official travel. After a recent comprehensive meals and incidental expenses (M&IE) study, GSA is amending the Federal Travel Regulation in regards to the allocated meal costs. The new costs are broken out in the table Sec. 301-11.18 by continental breakfast/breakfast, lunch, and dinner for the use of travelers who have had a meal(s) furnished by the Government or included in the registration fee, and who then must deduct the meal(s) before submitting the voucher for reimbursement. GSA is also updating the incidental expense rate.

In this document, the Consumer and Governmental Affairs Bureau (Bureau) extends for an additional year waivers of certain Telecommunications Relay Services (TRS) mandatory minimum standards for Video Relay Service (VRS) and Internet Protocol Relay (IP Relay). The waived TRS mandatory minimum standards are: One-line voice carry over (VCO); VCO-to-teletypewriter (TTY); VCO-to-VCO; one-line hearing carry over (HCO); HCO-to-TTY; HCO-to-HCO; call release; pay-per-call (900) calls; types of calls; equal access to interexchange carriers; and speech-to-speech (STS). Also, in this document, the Bureau grants a limited extension of the waiver of the speed dialing requirement for IP Relay. The Bureau extends the waivers for one year (four months in the case of speed dialing for IP Relay) because the record demonstrates that it is technologically infeasible for VRS and IP Relay providers to offer these services at this time.

The FAA proposes to supersede an existing airworthiness directive (AD) for Rolls-Royce plc (RR) RB211 Trent 700 series turbofan engines. That AD currently requires initial and repetitive borescope inspections of the high pressure-and-intermediate pressure (HP-IP) turbine internal and external oil vent tubes for coking and carbon buildup, and cleaning or replacing the vent tubes if necessary. This proposed AD would require the same actions, but would add additional inspections of the vent flow restrictor. This proposed AD results from further analysis that the cleaning of the vent tubes required by AD 2007-02-05 could lead to loosened carbon fragments, causing a blockage downstream in the vent flow restrictor. We are proposing this AD to prevent internal oil fires due to coking and carbon buildup that could cause uncontained engine failure and damage to the airplane.

The Agricultural Marketing Service (AMS) proposes changes in annual standard, appeal, overtime, and holiday hourly fee rates for fiscal years 2010-2012 for Science and Technology (S&T) Laboratory Services in order to recover anticipated laboratory program costs. The Agency is proposing to raise these rates to reflect, among other factors, national and locality pay increases for Federal employees and inflation, operating costs, instrumentation and training, equipment maintenance costs, and program and agency administrative overhead costs. This action also proposes miscellaneous changes for clarity.

The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to update Part 532, Contract Financing, of the regulation. This project is part of the GSAM rewrite Project, in which all parts of the regulation are being reviewed and updated to include new statutes, legislation, and policies.

This action establishes Class E airspace at Noorvik, AK to provide adequate controlled airspace to contain aircraft executing Standard Instrument Approach Procedures (SIAPs). Two SIAPs are being developed for the Robert (Bob) Curtis Memorial Airport at Noorvik, AK. Additionally, one textual Obstacle Departure Procedure (ODP) is being developed. This action establishes Class E airspace upward from 700 feet (ft.) above the surface at Robert (Bob) Curtis Memorial Airport, Noorvik, AK.