2009 – Federal Register Recent Federal Regulation Documents
Results 1,151 - 1,200 of 5,473
Track Safety Standards; Continuous Welded Rail (CWR)
FRA published a final rule in the Federal Register on August 25, 2009, revising the Track Safety Standards. The final rule included compliance dates for Class I, II, and III railroads only. The final rule inadvertently omitted compliance dates for commuter railroads, intercity passenger railroads, and any other additional railroads that have continuous welded rail (CWR). This document corrects the final rule by including compliance dates for the omitted railroads and amending a reference to the effective date in the rule text.
Regulated Navigation Area; Portsmouth Naval Shipyard, Portsmouth, NH
The Coast Guard is establishing a regulated navigation area on the Piscataqua River near Portsmouth, NH. This temporary final rule places speed restrictions on all vessels transiting the navigable waters on the Piscataqua River, Portsmouth, NH near the Portsmouth Naval Shipyard between Henderson Point Light on Seavey Island and Badgers Island Buoy 14. This rule is necessary to provide for the safety of life on the navigable waters during ongoing ship construction.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Buena Vista Lake shrew
We, the U.S. Fish and Wildlife Service (Service), propose to revise our designation of critical habitat for the Buena Vista Lake shrew (Sorex ornatus relictus) under the Endangered Species Act of 1973, as amended (Act). Our proposal is the same as the proposed critical habitat we published on August 19, 2004 (69 FR 51417). In total, approximately 4,649 acres (ac) (1,881 hectares (ha)) occur within the boundaries of the proposed revised critical habitat designation. The proposed revised critical habitat is located in the Central Valley floor of Kern County, California.
Anthropomorphic Test Devices; Hybrid III 6-Year-Old Child Test Dummy
Today's NPRM proposes two changes to the agency's specifications for the Hybrid III six-year-old child dummy. In Part 1 of this NPRM, to improve the durability of the dummy's femurs, we propose changes to the design of and material used for the femur assembly. In Part 2, the drawing for the abdomen insert would be corrected so that the abdominal insert dimensions on the drawing reflect the actual part. Part 2 of this rulemaking commenced in response to a petition for rulemaking submitted by Denton ATD (Denton) and First Technology Safety Systems (FTSS). This document declines the petitioners' suggestion to investigate tolerances for vinyl and rubber components of the dummy and to specify the expected time frame each part would meet the tolerances.
Coordinated Communications
The Federal Election Commission seeks comments on proposed changes to its rules regarding coordinated communications under the Federal Election Campaign Act of 1971, as amended. These proposed changes are in response to the decision of the U.S. Court of Appeals for the District of Columbia Circuit in Shays v. FEC. The Commission has made no final decision on the issues presented in this rulemaking. Further information is provided in the supplementary information that follows.
Amendments to Rules Requiring Internet Availability of Proxy Materials
We are proposing changes to the proxy rules under the Securities Exchange Act of 1934 to improve the notice and access model for furnishing proxy materials to shareholders. Specifically, we are proposing revisions to our rules to provide additional flexibility regarding the format of the Notice of Internet Availability of Proxy Materials that is sent to shareholders. We are also providing guidance about the current requirement for the Notice to identify the matters intended to be acted on at the shareholders' meeting. In addition to the proposed changes and guidance regarding the format of the Notice, we are proposing a new rule that will permit issuers and soliciting shareholders to include explanatory materials regarding the process of receiving and reviewing proxy materials and voting. Finally, we are proposing revisions to the timeframe for delivering a Notice to shareholders when a soliciting person other than the issuer relies on the notice-only option.
Use of Sampling Methods and Offsetting of Overpayments and Over-Declarations in CBP Audit Procedures; Sampling Under Prior Disclosure
This document proposes to amend the Customs and Border Protection (CBP) regulations to provide further guidance for the use of sampling methods in CBP audits and prior disclosure cases. It also provides guidance for the offsetting of overpayments and over- declarations when an audit involves a calculation of lost revenue or monetary penalties under 19 U.S.C. 1592. The proposed amendment also includes the deletion of a superfluous term from the audit procedures regulations.
Small Business Size Standards: Accommodation and Food Services Industries
The U.S. Small Business Administration (SBA) proposes to increase small business size standards for five industries in North American Industry Classification System (NAICS) Sector 72, Accommodation and Food Servicesnamely NAICS 721110, Hotels and Motels, from $7.0 million to $30 million; NAICS 721120, Casino Hotels, from $7.0 million to $30 million; NAICS 722211, Limited Service Restaurants, from $7.0 million to $10 million; NAICS 722212, Cafeterias, from $7.0 million to $25.5 million; and NAICS 722310, Food Service Contractors, from $20.5 million to $35.5 million. As part of its ongoing initiative to review all size standards, SBA has evaluated each industry in Sector 72 to determine whether the existing size standards should be retained or revised. This proposed rule is one of a series of proposals that will examine industries grouped by an NAICS Sector. As part of this series of proposed rules SBA is publishing concurrently in this issue of the Federal Register a proposed rule to modify small business size standards in Sector 44-45, Retail Trade, and Sector 81, Other Services. SBA has established its ``Size Standards Methodology'' and published elsewhere in this issue of the Federal Register a notice of its availability on SBA's Web site at http: // www.sba.gov/size. SBA has applied ``Size Standards Methodology'' to this proposed rule.
Small Business Size Standards: Other Services Industries
The U.S. Small Business Administration (SBA) proposes to increase the small business size standards for 18 industries in North American Industry Classification System (NAICS) Sector 81, Other Services, and retain the current standards for the remaining 30 industries in the Sector. As part of its ongoing initiative to review all size standards, SBA has evaluated each industry in Sector 81 to determine whether the existing size standards should be retained or revised. This proposed rule is one of a series of proposals that will examine industries grouped by an NAICS Sector. As part of this series of proposed rules SBA is publishing concurrently in this issue of the Federal Register a proposed rule to modify small business size standards in Sector 44-45, Retail Trade and, in Sector 72, Accommodation and Food Services. SBA has established its ``Size Standards Methodology'' and published elsewhere in this issue of the Federal Register a notice of its availability on SBA's Web site at https://www.sba.gov/size. SBA has applied ``Size Standards Methodology'' to this proposed rule.
Small Business Size Standards: Size Standards Methodology
The U.S. Small Business Administration (SBA) is advising the public that it is making available a White Paper putting forth and explaining how it establishes, reviews and modifies (when appropriate) small business size standards. The document, entitled ``Size Standards Methodology,'' is available on SBA's Web site where any interested party can review and/or download it. Elsewhere in this issue of the Federal Register SBA has published three proposed rules that would, if adopted, modify a number of size standards in three North American Industry Classification System (NAICS) Sectors, namely: Sector 44-45, Retail Trade; Sector 72, Accommodation and Food Services; and Sector 81, Other Services. SBA has applied ``Size Standards Methodology'' to those three proposed rules and will apply it to future regulatory actions that relate to establishing, reviewing and modifying size standards. The Agency welcomes comments on ``Size Standards Methodology'' and on the three proposed rules elsewhere in this issue of the Federal Register. ``Size Standards Methodology,'' is available electronically from the SBA's Web site at: https://www.sba.gov/size.
Small Business Size Standards: Retail Trade
The U.S. Small Business Administration (SBA) proposes to increase small business size standards for 48 industries in North American Industry Classification System (NAICS) Sector 44-45, Retail Trade, and retain the current standards for the remaining 28 industries in the Sector. As part of its ongoing initiative to review all size standards, SBA has evaluated each industry in Sector 44-45 to determine whether the existing size standards should be retained or revised. This proposed rule is one of a series of proposals that will examine industries grouped by an NAICS Sector. As part of this series of proposed rules SBA is publishing concurrently in this issue of the Federal Register a proposed rule to modify small business size standards in Sector 72, Accommodation and Food Services, and in Sector 81, Other Services. SBA has established its ``Size Standards Methodology'' and published elsewhere in this issue of the Federal Register a notice of its availability on SBA's Web site at https:// www.sba.gov/size. SBA has applied ``Size Standards Methodology'' to this proposed rule.
Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District
EPA is finalizing approval of revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVAPCD) portion of the California State Implementation Plan (SIP). These revisions were proposed in the Federal Register on July 13, 2009 and concern oxides of nitrogen (NOX) emissions from Stationary Gas Turbines. We are approving a local rule that regulates these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Combustible Dust
In this advance notice of proposed rulemaking (ANPR), OSHA is requesting comments, including data and other information, on issues related to the hazards of combustible dust in the workplace. For the purposes of this notice, the term ``combustible dust'' includes all combustible particulate solids of any size, shape, or chemical composition that could present a fire or deflagration hazard when suspended in air or other oxidizing medium. OSHA plans to use the information received in response to this notice in developing a proposed standard for combustible dust.
Truth in Lending
The Board proposes to amend Regulation Z, which implements the Truth in Lending Act, and the staff commentary to the regulation in order to implement provisions of the Credit Card Accountability Responsibility and Disclosure Act of 2009 that are effective on February 22, 2010. This proposal would establish a number of new substantive and disclosure requirements to establish fair and transparent practices pertaining to open-end consumer credit plans, including credit card accounts. In particular, the proposed rule would limit the application of increased rates to existing credit card balances, require credit card issuers to consider a consumer's ability to make the required payments, establish special requirements for extensions of credit to consumers who are under the age of 21, and limit the assessment of fees for exceeding the credit limit on a credit card account.
Television Broadcasting Services; Cincinnati, OH
The Commission has before it a petition for rulemaking filed by Scripps Howard Broadcasting Company (``SHBC''), the licensee of WCPO-TV, channel 10, Cincinnati, Ohio. SHBC requests the substitution of channel 22 for channel 10 at Cincinnati.
Television Broadcasting Services; Traverse City, MI
The Commission grants a petition for rulemaking filed by Barrington Traverse City License LLC, the permittee of station WPBN-TV, channel 7, Traverse City, Michigan, requesting the substitution of channel 47 for its allotted channel 7 at Traverse City.
Television Broadcasting Services; Fort Myers, FL
The Commission has before it a petition for rulemaking filed by Fort Myers Broadcasting Company (``FMBC''), the licensee of WINK-TV, channel 9, Fort Myers, Florida. FMBC requests the substitution of channel 50 for channel 9 at Fort Myers.
Foreign Repairs to American Vessels
This document amends the Customs and Border Protection (CBP) regulations in title 19 of the Code of Federal Regulations (19 CFR) to update provisions relating to the declaration, entry, and dutiable status of repair expenditures made abroad for certain vessels. The principal changes set forth in this document involve: conforming the regulations to statutory changes that provide an exemption from vessel repair duties for the cost of certain equipment, repair parts, and materials; and adding a provision to advise that certain free trade agreements between the United States and other countries may limit the duties due on vessel repair expenditures made in foreign countries that are parties to those agreements.
Endangered and Threatened Wildlife and Plants; Proposed Threatened and Not Warranted Status for Distinct Population Segments of the Spotted Seal
We, NMFS, have completed a comprehensive status review of the spotted seal (Phoca largha) under the Endangered Species Act (ESA). Based on the findings from the status review and consideration of the factors affecting this species, we conclude the spotted seal exists as three (3) distinct population segments (DPS) within the North Pacific Ocean. These are the southern, Okhotsk, and Bering DPSs. Based on consideration of information presented in the Status Review, an analysis of the extinction risk probabilities for each of these DPSs, and assessment of the factors in section 4(a)(1) of the ESA, we have determined the southern DPS is likely to become endangered throughout all or a significant portion of its range in the foreseeable future, and should be listed as a threatened species. The Okhotsk and Bering Sea DPSs are not in danger of extinction nor likely to become endangered throughout all or a significant portion of their ranges in the foreseeable future. Accordingly, we are now issuing a proposed rule to list the southern DPS of the spotted seal as a threatened species. No listing action is proposed for the Okhotsk and Bering Sea DPSs. Because the southern DPS occurs outside the United States, no critical habitat can be designated. We request comments and information related to this proposed rule and finding.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
NMFS has determined that the 25-mt quota available for the Atlantic bluefin tuna (BFT) Longline category Northeast Distant gear restricted area (NED) fishery has been attained. NMFS announces that the Longline category incidental BFT retention limits will apply in the NED for the remainder of the fishing year. This action applies to Atlantic Tunas Longline category permitted vessels that fish in the NED.
Environmental Impact Statement; Movement of Plant Pests, Biological Control Organisms, and Associated Articles
We are advising the public that the Animal and Plant Health Inspection Service intends to prepare an environmental impact statement relative to proposed regulatory requirements that are being developed for the movement of plant pests, biological control organisms, and associated articles. This notice identifies potential issues and alternatives that will be studied in the environmental impact statement and requests public comment to further delineate the scope of those issues and alternatives.
Energy Conservation Program: Repeal of Test Procedures for Televisions
The U.S. Department of Energy (DOE) repeals the regulatory provisions establishing the test procedure for televisions under the Energy Policy and Conservation Act (EPCA). The test procedure has been made obsolete by the transition from analog to digital television in the United States, effective June 13, 2009.
Guidance Under Section 2053 Regarding Post-Death Events
This document contains final regulations relating to the amount deductible from a decedent's gross estate for claims against the estate under section 2053(a)(3) of the Internal Revenue Code (Code). In addition, the regulations update the provisions relating to the deduction for certain state death taxes to reflect the statutory amendments made in 2001 to sections 2053(d) and 2058. The regulations primarily will affect estates of decedents against which there are claims outstanding at the time of the decedent's death.
Pilot, Flight Instructor, and Pilot School Certification; Correction
The Federal Aviation Administration (FAA) is making several corrections to its ``Pilot, Flight Instructor, and Pilot School Certification'' final rule published in the Federal Register on August 21, 2009. The FAA corrections include standardizing certain part 61 time period durations from ``60 days'' to now read ``2 calendar months.'' We are also correcting an omission and errors to the prerequisite eligibility requirements for use of flight simulators. Additionally, we are correcting the duration of a student pilot certificate to 60 calendar months for a student pilot seeking a sport pilot certificate. Finally, we are correcting a sentence in the preamble to conform with the final rule regarding the use of flight training devices.
Migratory Bird Hunting; Approval of Tungsten-Iron-Fluoropolymer Shot Alloys as Nontoxic for Hunting Waterfowl and Coots; Availability of Final Environmental Assessment
We, the U.S. Fish and Wildlife Service, approve tungsten-iron- fluoropolymer shot alloys for hunting waterfowl and coots. Having completed our review of the application materials, we have concluded that these alloys are very unlikely to adversely affect fish, wildlife, or their habitats. We therefore add this shot type to the list of those approved for hunting waterfowl and coots.
Definition of Federal Election Activity
The Federal Election Commission seeks comments on proposed changes to its rules regarding the definitions of ``voter registration activity'' and ``get-out-the-vote activity'' under the Federal Election Campaign Act of 1971, as amended. These proposed changes are in response to the decision of the U.S. Court of Appeals for the District of Columbia Circuit in Shays v. FEC. The Commission has made no final decision on the issues presented in this rulemaking. Further information is provided in the supplementary information that follows.
Proposed Amendment of Class D Airspace; St Louis, MO
This action proposes to amend Class D airspace at St Louis, MO. Additional controlled airspace is necessary to accommodate new 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 Rules (IFR) operations for SIAPs at Spirit of St Louis Airport.
Establishment of VOR Federal Airway V-626; UT
This action establishes VOR Federal Airway 626 (V-626) located between the Myton, UT, Very High Frequency Omnidirectional Range/ Tactical Air Navigation (VORTAC) and the Salt Lake City terminal area. This route will improve aircraft flow during busy traffic periods into the Salt Lake City terminal area, and provide a more precise means of navigation and reduce controller workload.
Modification of Restricted Areas and Other Special Use Airspace; Fallon, NV
This action amends the time of designation and using agency of nine restricted areas located in the vicinity of the Fallon Naval Air Station (NAS), Fallon, NV, as part of a Department of the Navy initiative to standardize the operating hours throughout the Fallon Airspace Complex. The times of use are being expanded to meet the critical need of the Navy for additional nighttime training, and the using agency changes are administrative in accordance with a Navy realignment of functions. Additionally, this action modifies the times of use of the four military operation areas (MOAs) in the Fallon Airspace Complex. Unlike restricted areas, which are designated under 14 CFR part 73, MOAs are not rulemaking airspace actions. The MOA changes described here were published in the National Flight Data Digest (NFDD). The Navy requested these airspace changes to provide additional night training time to meet combat readiness requirements currently being carried out in accordance with 14 CFR 99.7.
Scales; Accurate Weights, Repairs, Adjustments or Replacements After Inspection
The Department of Agriculture's Grain Inspection, Packers and Stockyards Administration (GIPSA) is amending one section of the regulations under the Packers and Stockyards Act (P&S Act) to incorporate by reference the 2009 edition of the National Institute of Standards and Technology (NIST) Handbook 44, ``Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices,'' and to require that scales used by stockyard owners, market agencies, dealers, packers, and live poultry dealers to weigh livestock, livestock carcasses, live poultry, or feed for the purposes of purchase, sale, acquisition, payment, or settlement, meet applicable requirements of the 2009 edition of NIST Handbook 44. GIPSA is also amending that section of the regulations to add ``swine contractors'' to the list of regulated entities to which the section applies.
Taking and Importing Marine Mammals; Military Training Activities and Research, Development, Testing and Evaluation Conducted Within the Mariana Islands Range Complex (MIRC)
NMFS has received a request from the U.S. Navy (Navy) for authorization for the Department of Defense (including the Navy, the U.S. Air Force (USAF), and the U.S. Marine Corps (USMC)) to take marine mammals incidental to training activities conducted in the Mariana Islands Range Complex (MIRC) study area for the period of March 2010 through February 2015 (amended from the initial request for January 2010 through December 2014). Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is proposing regulations to govern that take and requesting information, suggestions, and comments on these proposed regulations.
Apricots Grown in Designated Counties in Washington; Decreased Assessment Rate
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule which decreased the assessment rate established for the Washington Apricot Marketing Committee (Committee) for the 2009-2010 and subsequent fiscal periods from $2.00 to $1.00 per ton of apricots handled. The Committee locally administers the marketing order, which regulates the handling of apricots grown in designated counties in Washington. The decreased assessment rate is necessary to align the Committee's expected revenue with its proposed 2009-2010 budget.
Amendments to Treatments for Sweet Cherry and Citrus Fruit from Australia and Irradiation Dose for Mediterranean Fruit Fly
We are proposing to amend the regulations pertaining to approved phytosanitary treatments of fruits and vegetables by adding new treatment schedules for sweet cherries and for certain species of citrus fruit imported from Australia into the United States. Based on our treatment evaluation, we have determined that the proposed treatments would be effective against Mediterranean fruit fly and Queensland fruit fly, pests associated with sweet cherries and citrus fruit from Australia. We also propose to establish an approved irradiation dose for Mediterranean fruit fly of 100 gray, which is lower than the generic dose of 150 gray that is approved for all fruit flies. New peer-reviewed data indicate that the 100 gray irradiation dose will neutralize Mediterranean fruit fly. These changes would offer more flexibility in treatments while continuing to prevent the introduction or interstate movement of quarantine pests.
Noxious Weeds; Old World Climbing Fern and Maidenhair Creeper
We are amending the noxious weed regulations by adding Old World climbing fern (Lygodium microphyllum (Cavanilles) R. Brown) and maidenhair creeper (Lygodium flexuosum (Linnaeus) Swartz) to the list of terrestrial noxious weeds. This action is necessary to prevent the artificial spread of these noxious weeds into the United States.
Protection of Stratospheric Ozone: New Substitute in the Motor Vehicle Air Conditioning Sector Under the Significant New Alternatives Policy (SNAP) Program
The Clean Air Act requires the Environmental Protection Agency (EPA) to review alternatives for ozone-depleting substances and to approve of substitutes that do not present a risk more significant than other alternatives that are available. Under that authority, the Significant New Alternatives Policy (SNAP) program of EPA proposes to expand the list of acceptable substitutes for ozone-depleting
Defense Federal Acquisition Regulation Supplement; Restriction on Research and Development-Deletion of Obsolete Text (DFARS Case 2009-D005)
DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to remove obsolete text
Defense Federal Acquisition Regulation Supplement; DoD Inspector General Address (DFARS Case 2009-D001)
DoD has issued a final rule amending the Defense Federal
International Fisheries; Pacific Tuna Fisheries; Fishing Restrictions in the Longline and Purse Seine Fisheries in the Eastern Pacific Ocean in 2009, 2010, and 2011
NMFS proposes regulations under the Tuna Conventions Act of 1950 (Act) to implement a decision of the Inter-American Tropical Tuna Commission (IATTC). That decision requires, among other things, that members of the IATTC, including the United States, ensure that catches in the eastern Pacific Ocean (EPO) of bigeye tuna (Thunnus obesus) by longline vessels greater than 24 meters in length do not exceed specified levels in each of the years 2009, 2010, and 2011, and that purse seine vessels class sizes 4-6 do not fish in the EPO during an established closure period. This action is necessary for the United States to satisfy its obligations under the 1949 Convention for the Establishment of an Inter-American Tropical Tuna (Convention), to which it is a Contracting Party.
Protective Regulations for Killer Whales in the Northwest Region Under the Endangered Species Act and Marine Mammal Protection Act
We, the National Marine Fisheries Service (NMFS), are issuing this notice to advise the public that NMFS is extending the public comment period for proposed regulations under the Endangered Species Act and Marine Mammal Protection Act to prohibit vessels from approaching killer whales within 200 yards and from parking in the path of whales for vessels in inland waters of Washington State. The proposed regulations would also prohibit vessels from entering a conservation area during a defined season. The proposed rule was published July 29, 2009, opening a 90-day public comment period and noticing two public meetings. In response to requests from the public, on September 17, 2009, we published a notice in the Federal Register announcing an additional public meeting. We are issuing this notice to announce an 80-day extension of the public comment period in response to requests to provide more time for the public to review the proposed regulation and provide comments.
Industry Codes and Standards; Amended Requirements; Confirmation of Effective Date
The Nuclear Regulatory Commission (NRC) is confirming the effective date of October 19, 2009, for the direct final rule that was published in the Federal Register on August 5, 2009. This direct final rule amended the NRC's regulations on governing vessel head inspection requirements. This amendment revised the upper range of the percentage of axial flaws permitted in a specimen set used for the qualification of nondestructive examination systems (procedures, personnel and equipment), which are used in the performance of inservice inspection (ISI) of pressurized water reactor (PWR) upper vessel head penetrations. This amendment was made as a result of the withdrawal of a stakeholder's recommendation necessitated by a typographical error in the original recommendation with respect to the maximum percentage of flaws that should be oriented axially.
Airworthiness Directives; Thielert Aircraft Engines GmbH (TAE) Models TAE 125-02-99 and TAE 125-01 Reciprocating Engines
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAIs) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAIs describe the unsafe condition as:
Safety Zone; Catholic Church Procession; San Diego Bay, San Diego, CA
The Coast Guard is establishing a safety zone upon the navigable waters of San Diego Bay in support of the Catholic Church Procession Fireworks Display. This safety zone is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port or his designated representative.
Drawbridge Operation Regulation; Blackwater River, Milton, FL
The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the CSX Transportation Railroad swing bridge across the Blackwater River, mile 2.80, at Milton, Florida. The deviation is necessary to replace the center pivot bearing of the swing span and will allow the bridge to remain closed to navigation for two consecutive days.
Internal Control Over Financial Reporting in Exchange Act Periodic Reports of Non-Accelerated Filers
We are amending temporary rules that require companies that are non-accelerated filers to include in their annual reports, pursuant to rules implementing Section 404(b) of the Sarbanes-Oxley Act of 2002, an attestation report of their independent auditor on internal control over financial reporting for fiscal years ending on or after December 15, 2009. The amendments will extend the compliance date for filing attestation reports, so that a non-accelerated filer will be required to file the auditor's attestation report on internal control over financial reporting when it files an annual report for a fiscal year ending on or after June 15, 2010.
Airworthiness Directives; Airbus Model A330-200 and -300, and Model A340-300 Series Airplanes
We propose to adopt a new airworthiness directive (AD) for the products listed above. 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 757 Airplanes
We propose to adopt a new airworthiness directive (AD) for certain Boeing Model 757 airplanes. This proposed AD would require replacing the power control relays for the fuel boost pumps and override pumps with new relays having a ground fault interrupt (GFI) feature. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent damage to the fuel pumps caused by electrical arcing that could introduce an ignition source in the fuel tank, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.
Airworthiness Directives; Boeing Model 737-600, -700, -700C, -800, and -900 Series Airplanes
We propose to adopt a new airworthiness directive (AD) for certain Boeing Model 737-600, -700, -700C, -800, and -900 series airplanes. This proposed AD would require inspections for scribe lines in the fuselage skin at lap joints, the splice strap at certain butt joints, the skin or doubler at certain approved repair doublers, and the skin at decal locations; and related investigative and corrective actions if necessary. This proposed AD results from reports of scribe line damage found adjacent to the skin lap joints, decals, and wing-to- body fairings. We are proposing this AD to detect and correct scribe lines, which can develop into fatigue cracks in the skin. Undetected fatigue cracks can grow and cause sudden decompression of the airplane.
Airworthiness Directives; Boeing Model 757 Airplanes
We are revising an earlier proposed airworthiness directive (AD) for all Boeing Model 757-200, -200PF, -200CB, and -300 series airplanes. The original NPRM would have required an inspection of the two spring arms in the spin brake assemblies in the nose wheel well to determine if the spring arms are made of aluminum or composite material, and repetitive related investigative/corrective actions if necessary. The original NPRM resulted from reports of cracked and broken aluminum springs. This action revises the original NPRM to include a parts installation paragraph and to provide options for terminating the repetitive actions. We are proposing this supplemental NPRM to detect and correct cracked or broken springs. A cracked or broken spring could separate from the airplane and result in potential hazard to persons or property on the ground, or ingestion into the engine with engine damage and potential shutdown, or damage to the airplane.
Modification of Class E Airspace; Beckley, WV
This action modifies Class E airspace at Beckley, WV. Controlled airspace is being expanded to contain the Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) that have been developed for Raleigh County Memorial Airport. This action enhances the National Airspace System by providing controlled airspace in the vicinity of Beckley, WV.
Hazardous Materials: Revision of Requirements for Emergency Response Telephone Numbers
In this final rule, PHMSA is amending the Hazardous Materials Regulations to clarify requirements governing emergency response information services provided by arrangement with hazardous materials offerors (shippers). In order to preserve the effectiveness of these arrangements for providing accurate and timely emergency response information, PHMSA is requiring basic identifying information (offeror name or contract number) to be included on shipping papers. This information will enable the emergency response information provider to identify the offeror on whose behalf it is accepting responsibility for providing emergency response information in the event of a hazardous materials incident and obtain additional information about the hazardous material as needed.
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