2009 – Federal Register Recent Federal Regulation Documents

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.

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.

This document makes nomenclature changes to the Commission's

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.

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).

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.

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.

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.

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.

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.

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.

This document contains correcting amendments to the interim final rule entitled ``Importer Security Filing and Additional Carrier Requirements'' published in the Federal Register on November 25, 2008. The interim final rule, which requires the submission of an Importer Security Filing (ISF) for cargo arriving in the United States by vessel and a bond to secure compliance with the ISF requirement, inadvertently omitted the liability amounts for breach of the importer security filing bond and neglected to make provision for using the importer security filing bond to secure a single ISF transaction. This document clarifies the bond terms applicable to the importer security filing bond as set forth in an Appendix to the Customs and Border Protection bond regulations by adding the liability amounts for a breach of the bond and by adding a paragraph to cover a single transaction.

This final rule is making minor, purely technical changes to the Forest Service's special use regulations. The Agency is clarifying a definition of a term in which a phrase was inadvertently omitted from previous versions of the rule and which properly reflect the Forest Service's authority to issue special use authorizations. The rule also corrects inaccurate citations and terms and removes obsolete requirements.

The American Association of State Highway and Transportation Officials (AASHTO) Manual for Condition Evaluation of Bridges, 1994, second edition (also referred to as ``the Manual''), together with the 2001 and 2003 Interim Revisions, is incorporated by reference in FHWA regulations, approved by the Federal Highway Administration, and recognized as a national standard for bridge inspections and load rating. The purpose of this final rule is to update the incorporation by reference language to incorporate the most recent version of the AASHTO Manual, now known as The Manual for Bridge Evaluation, First Edition, 2008.

DoD is issuing this final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify the definitions of ``component'' and ``domestic manufacture'' as they relate to policy on foreign acquisition.

DoD has adopted as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to conform to the FAR changes implementing the waiver of the component test of the Buy American Act to contracts and subcontracts. The Federal Acquisition Regulation (FAR) Case 2000-305 implemented 41 U.S.C. 431 with respect to the inapplicability of certain laws to contracts and subcontracts for the acquisition of commercially available off-the- shelf (COTS) items.

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.

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.

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.

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.

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.

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.

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.

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.