2009 – Federal Register Recent Federal Regulation Documents
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Airworthiness Directives; Airbus Model A310-203, -204, -221, -222, -304, -322, -324, and -325 Airplanes
We are superseding an existing 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:
Airworthiness Directives; 328 Support Services GmbH Dornier Model 328-100 and -300 Airplanes
We are superseding an existing 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:
Airworthiness Directives; Fokker Model F.28 Mark 0070 and 0100 Airplanes
We are superseding an existing 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:
Airworthiness Directives; Boeing Model 707 Airplanes, and Model 720 and 720B Series Airplanes
The FAA is superseding an existing airworthiness directive (AD), which applies to certain Boeing Model 707 airplanes, and Model 720 and 720B series airplanes. The existing AD currently requires repetitive detailed inspections to detect cracks and corrosion on any existing repairs and at certain body stations (STA) of the visible surfaces of the wing to body terminal fittings including the web, flanges, and ribs; and applicable related investigative and corrective actions. This new AD retains the requirements of the existing AD and requires repetitive ultrasonic inspections to detect any stress corrosion cracks within the outboard flange of the left and right body terminal fittings at STA 820, and related investigative and corrective actions if necessary. This AD also provides an optional terminating action for the repetitive inspections. This AD also adds two airplanes to the applicability. This AD results from reports of cracks found in the wing to body terminal fittings during routine inspections. We are issuing this AD to detect and correct cracks and corrosion in the body terminal fittings above and below the floor, which could cause loss of support for the wing and could adversely affect the structural integrity of the airplane.
Airworthiness Directives; Bombardier Model DHC-8-400 Series Airplanes
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:
Airworthiness Directives; Fokker Model F.28 Mark 0070 and 0100 Series Airplanes
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:
Airworthiness Directives; Rolls-Royce plc. (RR) RB211 Trent 900 Series Turbofan Engines
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:
Proposed Flood Elevation Determinations
Comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents, and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.
Common Crop Insurance Regulations; Apple Crop Insurance Provisions
The Federal Crop Insurance Corporation (FCIC) proposes to amend the Common Crop Insurance Regulations, Apple Crop Insurance Provisions. The intended effect of this action is to provide policy changes, to clarify existing policy provisions to better meet the needs of insured producers, and to reduce vulnerability to program fraud, waste, and abuse. The proposed changes will be effective for the 2011 and succeeding crop years.
Television Broadcasting Services; Boise, ID
The Commission grants a petition for rulemaking filed by Fisher BroadcastingIdaho TV, L.L.C. (``Fisher''), the licensee of KBCI-DT, channel 28, Boise, Idaho, requesting the substitution of channel 9 for channel 28 at Boise.
Security Zone; Calcasieu River and Ship Channel, LA
The Coast Guard proposes to disestablish the permanent safety zone at Trunkline LNG in Lake Charles, LA and to replace it with a security zone with new boundaries. The Coast Guard also proposes to establish two additional permanent security zones on the waters of the Calcasieu River for the mooring basins at Cameron LNG in Hackberry, LA and PPG Industries in Lake Charles, LA. The Coast Guard also proposes to disestablish the moving safety zone for Liquified Natural Gas (``LNG'') vessels in the Calcasieu ship channel and replace it with a moving security zone of the same dimensions. These security zones are needed to protect vessels, waterfront facilities, the public, and other surrounding areas from destruction, loss, or injury caused by sabotage, subversive acts, accidents, or other actions of a similar nature. Unless exempted under this rule, entry into or movement within these security zones would be prohibited without permission from the Captain of the Port or a designated representative.
Safety Zone; Munitions and Explosives of Concern (MEC); Seal Island, ME
The Coast Guard is establishing a permanent safety zone around Seal Island, Maine from the shoreline out to the 60 foot depth curve. This safety zone prohibits persons and vessels from entering the designated area around Seal Island unless authorized by the Coast Guard Captain of the Port Northern New England. This safety zone is necessary to provide for the safety of life on the navigable waters around Seal Island by protecting mariners from the hazards of Munitions and Explosives of Concern (MEC) found in the area.
Drawbridge Operation Regulations; Hackensack River, Jersey City, NJ, Maintenance
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Witt Penn Bridge at mile 3.1, across the Hackensack River, at Jersey City, New Jersey. Under this temporary deviation the Witt Penn Bridge may remain in the closed position for 45 days to facilitate necessary bridge maintenance.
Drawbridge Operation Regulations; Hampton River, Hampton, NH, Maintenance
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the SR1A Bridge across the Hampton River at mile 0.0, at Hampton, New Hampshire. This temporary deviation allows the SR1A Bridge to remain in the closed position for 10 hours to facilitate bridge maintenance.
Market Access Program
This proposed rule would revise and amend the regulations at 7 CFR part 1485 used to administer the Market Access Program (MAP) by updating and merging the application requirements and the activity plan requirements to reflect the Unified Export Strategy (UES) system currently in place; clarifying the eligibility of activities designed
Disapproval of State Implementation Plan Revisions, South Coast Air Quality Management District
EPA is proposing to disapprove a revision to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP) concerning volatile organic compound (VOC) emissions from polymeric foam manufacturing operations. We are proposing action on a local rule that regulates these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.
State and Local Assistance; Technical Correction
On June 16, 2009, regulations to include State Response Programs and Tribal Response Programs under Section 128(a) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) as among the Environmental Program Grants eligible for inclusion in a Performance Partnership Grant (PPG) were published. Those final rules included technical errors which this action corrects.
Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel in the Bering Sea and Aleutian Islands Management Area
NMFS is opening directed fishing for Atka mackerel in the Eastern Aleutian District and the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI) for vessels participating in the BSAI trawl limited access fishery. This action is necessary to fully use the 2009 total allowable catch (TAC) of Atka mackerel in these areas specified for vessels participating in the BSAI trawl limited access fishery.
Competitive Postal Products
This document announces a proposed rulemaking in response to a recent Postal Service filing of a proposed methodology for the allocation of assets and liabilities in theoretical competitive enterprise.
Proposed Flood Elevation Determinations
Comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents, and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.
Proposed Flood Elevation Determinations
Comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents, and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.
Proposed Flood Elevation Determinations
Comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents, and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.
Reasonable Good Faith Interpretation of Required Minimum Distribution Rules by Governmental Plans
This document contains final regulations under sections 401(a)(9) and 403(b) of the Internal Revenue Code (Code) to permit a governmental plan to comply with the required minimum distribution rules by using a reasonable and good faith interpretation of the statute. These regulations affect administrators of, employers maintaining, participants in, and beneficiaries of governmental plans.
Cuban Assets Control Regulations
The Department of the Treasury's Office of Foreign Assets Control (``OFAC'') is amending the Cuban Assets Control Regulations to implement the President's initiative of April 13, 2009, to promote greater contact between separated family members in the United States and Cuba and to increase the flow of remittances and information to the Cuban people. These amendments also implement provisions of the Omnibus Appropriations Act, 2009.
Safety Zone; Paddle for Clean Water; San Diego; CA
The Coast Guard is establishing a safety zone upon the navigable waters of the Pacific Ocean, San Diego, CA, in support of a paddling regatta near the Ocean Beach Pier. 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.
New Postal Product
The Commission is adding Priority Mail Contract 16 to the Competitive Product List. This action is consistent with changes in a recent law governing postal operations. Republication of the lists of market dominant and competitive products is also consistent with new requirements in the law.
Anchorage Regulations; Port of New York and Vicinity
The Coast Guard is amending the existing special anchorage area at Perth Amboy, New Jersey, at the junction of the Raritan River and Arthur Kill. This action is necessary to facilitate safe navigation and provide for a safe and secure anchorage for vessels of not more than 20 meters in length. This action is intended to increase the safety of life and property on the Raritan River and Arthur Kill, improve the safety of anchored vessels, and provide for the overall safe and efficient flow of vessel traffic and commerce.
Establishment of Low Altitude Area Navigation Route (T-Route); Rockford, IL
This action establishes a low altitude Area Navigation (RNAV) route, designated T-265, in the Chicago/Rockford International Airport, IL, terminal area. This route allows for more effective utilization of airspace and enhances the management of aircraft operations in the Chicago/Rockford International Airport, IL, terminal area west of Chicago, IL.
Cuba: Revisions to Gift Parcel and Baggage Restrictions, Creation of License Exception for Donated Consumer Communications Devices and Expansion of Licensing Policy Regarding Telecommunications
This rule revises two existing License Exceptions concerning exports and reexports of gift parcels to Cuba and of personal baggage taken by individuals leaving the United States for travel to Cuba. It also creates a new License Exception authorizing the export and reexport to Cuba of certain donated consumer communications devices, including certain computers and software, mobile phones, and satellite receivers. Finally, this rule revises the scope of existing licensing policy regarding certain telecommunications links including satellite radio and satellite television services. These actions are among those directed by the President on April 13, 2009 to enhance the free flow of information to and from Cuba and to promote contacts between Americans and their relatives who reside in Cuba as a means of encouraging positive change in Cuba and are consistent with the ongoing support the United States has provided to individuals and nongovernmental organizations that support democracy-building efforts in Cuba. These actions do not suspend or terminate the United States embargo of Cuba.
Revisions to Certain End-User Controls Under the Export Administration Regulations; Clarification Regarding License Requirements for Transfers (in-country) to Persons Listed on the Entity List
The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to make revisions to three sections that are used by the United States Government as the basis for placing persons onto the Entity List. These three sections specified license requirements for exports and reexports to persons listed on the Entity List, however; the sections were silent regarding whether or not the scope of the licensing requirements included transfers (in- country). This rule adds transfers (in-country) to the scope of the license requirements under each of the three sections. As a result of adding transfers (in-country) to these three end-user controls, all of the end-use and end-user controls that are used as a regulatory basis for placing persons on the Entity List now specify that the scope of the license requirements includes exports, reexports, and transfers (in-country).
Airworthiness Directives; Boeing Model 737-300, -400, and -500 Series Airplanes
We are revising an existing airworthiness directive (AD) that applies to certain Boeing Model 737-300, -400, and -500 series airplanes. That AD currently requires repetitive high frequency eddy current inspections for cracking of the 1.04-inch nominal diameter wire penetration hole in the frame and frame reinforcement, between stringers S-20 and S-21, on both the left and right sides of the airplane, and related investigative and corrective actions if necessary. This new AD clarifies certain compliance requirements. This AD results from reports of cracking in the frame, or in the frame and frame reinforcement, common to the 1.04-inch nominal diameter wire penetration hole intended for wire routing. We are issuing this AD to detect and correct cracking in the fuselage frames and frame reinforcements, which could reduce the structural capability of the frames to sustain limit loads, and result in cracking in the fuselage skin and subsequent rapid depressurization of the airplane.
Establishment of Class D Airspace; Grand Prairie, TX
This action establishes Class D airspace at Grand Prairie, TX. Establishment of an air traffic control tower at Grand Prairie Municipal Airport has made this action necessary for the safety and management of Instrument Flight Rule (IFR) operations at Grand Prairie Municipal Airport.
Establishment of Class E Airspace; Neligh, NE
This action establishes Class E airspace at Neligh, NE. Controlled airspace is necessary to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAP) at Antelope County Airport, Neligh, NE. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at Antelope County Airport.
Employer Comparable Contributions to Health Savings Accounts Under Section 4980G, and Requirement of Return for Filing of the Excise Tax Under Section 4980B, 4980D, 4980E or 4980G
This document contains final regulations providing guidance on employer comparable contributions to Health Savings Accounts (HSAs) under section 4980G of the Internal Revenue Code (Code) as amended by sections 302, 305 and 306 of the Tax Relief and Health Care Act of 2006 (the Act). The final regulations also provide guidance relating to the manner and method of reporting and paying the excise tax under sections 4980B, 4980D, 4980E, and 4980G of the Code. These final regulations would affect employers that contribute to employees' HSAs and Archer MSAs, employers or employee organizations that sponsor a group health plan, and certain third parties such as insurance companies or HMOs or third-party administrators who are responsible for providing benefits under the plan.
Establishment of Class D Airspace; Arlington, TX
This action amends Class E airspace at Arlington, TX. Establishment of an air traffic control tower at Arlington Municipal Airport has made this action necessary for the safety and management of Instrument Flight Rule (IFR) operations at Arlington Municipal Airport.
Succession to the Administrator
This document amends NHTSA's regulation specifying the order of succession to the Administrator. We have determined at the present time that a change in the order of succession better serves the agency's mission.
Design Maneuvering Speed Limitation Statement
The Federal Aviation Administration proposes to amend the airworthiness standards applicable to transport category airplanes to clarify that flying at or below the design maneuvering speed does not allow a pilot to make multiple large control inputs in one airplane axis or single full control inputs in more than one airplane axis at a time without endangering the airplane's structure. This proposed regulation is the result of an accident investigation and responds to a National Transportation Safety Board recommendation. The results of the accident investigation indicate that many pilots might have a general misunderstanding of what the design maneuvering speed (VA) is and the extent of structural protection that exists when an airplane is operated at speeds below its VA. This action is being taken to prevent this misunderstanding from causing or contributing to a future accident.
Fisheries in the Western Pacific; Pelagic Fisheries; Squid Jig Fisheries
NMFS announces approval by the Office of Management and Budget (OMB) of collection-of-information requirements contained in regulations implementing Amendment 15 to the Fishery Management Plan for Pelagic Fisheries of the Western Pacific Region, relating to squid jig fisheries. The intent of this final rule is to inform the public that the associated permitting and reporting requirements have been approved by OMB.
Fisheries of the Northeastern United States; Modification to the Gulf of Maine/Georges Bank Herring Midwater Trawl Gear Authorization Letter
NMFS proposes modifications to the requirements for midwater trawl vessels issued All Areas and/or Areas 2 and 3 Atlantic herring limited access permits fishing in Closed Area I (CA I). In order to fish in CA I, midwater trawl vessels with these permits would be required to carry a NMFS-approved observer and to bring the entire catch aboard the vessel, unless specific conditions are met, so that it is available to the observer for sampling. These proposed changes to the Gulf of Maine/Georges Bank (GOM/GB) Herring Midwater Trawl Gear Letter of Authorization (LOA) would be effective indefinitely, until changed by a subsequent action.
Adequacy of Kansas Municipal Solid Waste Landfill Permit Program
This action approves Kansas' Research, Development and Demonstration (RD&D) permit program and updates to the approved Municipal Solid Waste Landfill Permit (MSWLP) program. On March 22, 2004, the EPA issued final regulations allowing RD&D permits to be issued to certain municipal solid waste landfills by approved States. On December 11, 2008, Kansas submitted an application to the EPA seeking Federal approval of its RD&D requirements and to update Federal approval of its MSWLP program.
Adequacy of Kansas Municipal Solid Waste Landfill Program
The EPA proposes to approve Kansas' Research, Development and Demonstration (RD&D) permit program and updates to the approved Municipal Solid Waste Landfill Permit (MSWLP) program. On March 22, 2004, the EPA issued final regulations allowing RD&D permits to be issued to certain municipal solid waste landfills by approved states. On December 11, 2008, Kansas submitted an application to the EPA seeking Federal approval of its RD&D requirements and to update Federal approval of its MSWLP program.
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Opacity Variance for Rocket Testing Operations Atlantic Research Corporation's Orange County Facility
EPA is taking direct final action to approve revisions to the Commonwealth of Virginia State Implementation Plan (SIP). The revisions pertain to the addition of 9 VAC 5 Chapter 220, ``Variance for Rocket Motor Test Operations at Atlantic Research Corporation Orange County Facility'' and an opacity variance for the rocket motor test operations at Aerojet Corporation's Orange County Facility, in lieu of the opacity limits established in the Virginia SIP. EPA is approving these revisions to the Commonwealth of Virginia SIP in accordance with the requirements of the Clean Air Act (CAA).
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Opacity Variance for Rocket Testing Operations Atlantic Research Corporation's Orange County Facility
EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia for the purpose of adding 9 VAC 5 Chapter 220, ``Variance for Rocket Motor Test Operations at Atlantic Research Corporation Orange County Facility'' which includes an opacity variance for the rocket motor test operations at Aerojet Corporation's Orange County Facility, in lieu of opacity limits established in the Virginia SIP. In the Final Rules section of this Federal Register, EPA is approving the State's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A more detailed description of the Commonwealth's submittal and EPA's evaluation are included in a Technical Support Document (TSD) prepared in support of this rulemaking action. A copy of the TSD is available,
Television Broadcasting Services; Hutchinson and Wichita, KS
The Commission grants a petition for rulemaking filed by Sunflower Broadcasting, Inc. (``Sunflower''), the licensee of stations KWCH-DT, Hutchinson, Kansas, channel 12, and KSCW-DT, Wichita, Kansas, channel 19, substituting channel 19 for KWCH-DT's assigned channel 12 at Hutchinson and channel 12 for KSCW-DT's assigned channel 19 at Wichita.
Television Broadcasting Services; Traverse City, MI
The Commission has before it a petition for rulemaking filed by Barrington Traverse City License, LLC (``Barrington''), the licensee of station WPBN-TV, channel 7, Traverse City, Michigan. Barrington requests the substitution of digital channel 47 for digital channel 7 at Traverse City.
Television Broadcasting Services; St. Petersburg, Florida
The Commission has before it a petition for rulemaking filed Bay Television, Inc. (``Bay Television''), the licensee of station WTTA(TV), channel 38, St. Petersburg, Florida. Bay Television requests the substitution of channel 32 for its assigned channel 38 at St. Petersburg.
Agency Titling Procedure Revision; Nomenclature Changes
The U.S. Small Business Administration (SBA) is amending its regulations to correct omissions and errors in its final rule titled Agency Titling Procedure Revision; Nomenclature Changes which appeared in the Federal Register on August 30, 2007. In the Agency Titling Procedure Revision rule SBA amended its regulations to change the titles of certain SBA officials to conform to titles that are commonly used across the Federal Government. However, several references to SBA titles were inadvertently excluded in the original rule and there were some name changes that were not properly made. This notice will correct the improperly made changes and include the omitted title changes.
Irish Potatoes Grown in Certain Designated Counties in Idaho, and Malheur County, Oregon and Imported Irish Potatoes; Relaxation of Size Requirements
This rule relaxes the size requirements for potatoes handled under the marketing order for Idaho-Eastern Oregon potatoes and for long type potatoes imported into the United States. This rule revises the size requirements to allow: Creamer size (\3/4\ inch to 1\5/8\ inches diameter) for all varieties of potatoes to be handled if the potatoes otherwise meet U.S. No. 1 grade; and round type potatoes to be handled without regard to size so long as the size is specified on the container in connection with the grade. The changes are intended to improve the handling and marketing of Idaho-Eastern Oregon potatoes and increase returns to producers. The changes would also allow the importation of Creamer size long type potatoes under regulations as authorized by section 8e of the Agricultural Marketing Agreement Act of 1937.
Vegetables, Import Regulations; Partial Exemption to the Minimum Grade Requirements for Fresh Tomatoes
This rule provides a partial exemption to the minimum grade requirements under the tomato import regulation. The Florida Tomato Committee (Committee), which locally administers the marketing order for tomatoes grown in Florida (order), recommended the change for Florida tomatoes. The order's administrative rules and regulations were recently revised to exempt Vintage RipesTM tomatoes (Vintage RipesTM) from the shape requirements associated with the U.S. No. 2 grade. A corresponding change to the import regulation is required under section 8e of the Agricultural Marketing Agreement Act of 1937. This rule provides the same partial exemption for Vintage RipesTM under the import regulation so it conforms to the regulations under the order.
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