2009 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) Region 2 is publishing a direct final Notice of Deletion of the Island Chemical Corp/Virgin Islands Chemical Corp. (Site), located in St. Croix, U.S. Virgin Islands, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final deletion is being published by EPA with the concurrence of the territory of U.S. Virgin Islands, through the Virgin Islands Department of Planning and Natural Resources (VIDPNR), because EPA has determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund.

EPA is proposing to approve revisions to the Pinal County portion of the Arizona State Implementation Plan (SIP). These revisions concern particulate matter (PM) emissions from construction, earthmoving, and related activities, and commercial and residential unpaved parking lots. We are approving local rules that regulate 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.

The FAA is adopting a new airworthiness directive (AD) for Honeywell International Inc. TPE331-10 and TPE331-11 series turboprop engines. This AD requires removing certain first stage turbine disks from service. This AD results from a report of an uncontained failure of a first stage turbine disk that had a metallurgical defect. We are issuing this AD to prevent uncontained failure of the first stage turbine disk and damage to the airplane.

This document proposes to amend Appendices A, B and C of 49 CFR Part 544, Insurer Reporting Requirements. The appendices list those passenger motor vehicle insurers that are required to file reports on their motor vehicle theft loss experiences. An insurer included in any of these appendices would be required to file three copies of its report for the 2006 calendar year before October 25, 2009. If the passenger motor vehicle insurers remain listed, they must submit reports by each subsequent October 25. We are proposing to add and remove several insurers from relevant appendices.

The Environmental Protection Agency (EPA) Region 2 is issuing a Notice of Intent to Delete the Island Chemical Corp/Virgin Islands Chemical Corp. (Site) located in St. Croix, Virgin Islands, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the Territory of U.S.Virgin Islands, through the Virgin Islands Department of Planning and Natural Resources have determined that all appropriate response actions under CERCLA, have been completed. However, this deletion does not preclude future actions under Superfund.

The Commission is making changes to the Competitive Product List, including adding a Global Plus 1 contract. This 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 requirements in the new law.

This action proposes to enhance safety by amending the applicable standards for part 23 turbojet-powered airplaneswhich are commonly referred to as ``turbojets''to reflect the current needs of

NMFS issues regulations implementing Amendment 28 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (FMP). These regulations amend the Bering Sea/Aleutian Islands Crab Rationalization Program to allow post-delivery transfers of all types of individual fishing quota and individual processing quota to cover overages. This action is necessary to improve flexibility of the fleet, reduce the number of violations for overages, reduce enforcement costs, and allow more complete harvest of crab allocations. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable laws.

The Coast Guard is establishing a temporary safety zone for the MS Harborfest Tugboat Races in Casco Bay, Maine. This temporary safety zone is necessary to provide for the safety of life on the navigable waters by prohibiting spectators, vessels, and other users of the waterway from entering the area surrounding the tugboat races due to the hazards associated with the tugboat races.

The Nuclear Regulatory Commission (NRC) is reopening the comment period specific to the information collection aspects of a proposed rule published on June 23, 2009 (74 FR 29614), that would amend its regulations that govern the export and import of nuclear equipment and material. The comment period for comments specific to the information collection aspects of the proposed rule closed on July 23, 2009.

This document sets forth the revised appendices to the Dairy Tariff-Rate Import Quota Licensing Regulation for the 2009 quota year reflecting the cumulative annual transfers from Appendix 1 to Appendix 2 for certain dairy product import licenses permanently surrendered by licensees or revoked by the Licensing Authority.

The Commission grants a petition for rulemaking filed by Gray Television Licensee, LLC, the licensee of station KKTV (TV), DTV channel 10, Colorado Springs, Colorado, requesting the substitution of DTV channel 49 for DTV channel 10 at Colorado Springs.

This final rule amends the Bureau of Economic Analysis' (BEA) regulations to set forth the reporting requirements for a new mandatory Benchmark Survey of Insurance Transactions by U.S. Insurance Companies with Foreign Persons. The survey will collect data on cross-border reinsurance and other insurance transactions from U.S. insurance companies. The BE-140 survey will be conducted every five years with the first survey covering calendar year 2008. The BE-140 survey data will be used by BEA to estimate the insurance services component of the U.S. International Transactions Accounts (ITAs) and other economic accounts compiled by BEA.

The Commission is including a new contract within the Global Plus 1 product in the Competitive Product List. This is action consistent with changes in a recent law governing postal operations. Republication of the lists of market dominant products and competitive products is also consistent with requirements in the law.

This document revises the list of vehicles not originally manufactured to conform to the Federal motor vehicle safety standards (FMVSS) that NHTSA has decided to be eligible for importation. This list is published in an appendix to the agency's regulations that prescribe procedures for import eligibility decisions. The list has been revised to add all vehicles that NHTSA has decided to be eligible for importation since October 1, 2008, and to remove all previously listed vehicles that are now more than 25 years old and need no longer comply with all applicable FMVSS to be lawfully imported. NHTSA is required by statute to publish this list annually in the Federal Register.

The General Services Administration is amending the Federal Management Regulation (FMR) by making a change to its personal property policy. This final rule updates and clarifies language that has caused some confusion with our customers and resulted in unnecessarily prolonged periods to remove property.

The Commission is amending regulations which specify on whom persons appealing a presiding officer's denial of a motion to permit an interlocutory appeal must serve copies of the appeal. The amendment requires that any person filing an appeal must separately serve a copy on not only the Motions Commissioner but also on the General Counsel.

Pension Benefit Guaranty Corporation's regulation on Benefits Payable in Terminated Single-Employer Plans prescribes interest assumptions for valuing and paying certain benefits under terminating single-employer plans. This final rule amends the benefit payments regulation to adopt interest assumptions for plans with valuation dates in September 2009. Interest assumptions are also published on PBGC's Web site (https://www.pbgc.gov).

The Delaware River Basin Commission (DRBC or ``Commission'') will hold a public hearing to receive comments on proposed amendments to the Commission's Water Quality Regulations, Water Code and Comprehensive Plan to revise the human health water quality criteria for polychlorinated biphenyls (PCBs) in the Delaware Estuary (DRBC Water Quality Management Zones 2 through 5), extend application of the DRBC's PCB human health water quality criterion to Delaware Bay (DRBC Water Quality Zone 6) and provide for the use of compliance schedules where implementation of a stream quality objective established by the Commission requires a reduction of the pollutant concentration or loading of a discharge to Basin waters.

This proposed rule sets forth an update to the Home Health Prospective Payment System (HH PPS) rates; the national standardized 60-day episode rates, the national per-visit rates, the non-routine medical supply (NRS) conversion factor, and the low utilization payment amount (LUPA) add-on payment amount, under the Medicare prospective payment system for home health agencies effective January 1, 2010. In addition, this rule proposes a change to the HH PPS outlier policy and proposes to require the submission of OASIS data as a condition for payment under the HH PPS. Also, this rule proposes payment safeguards that would improve our enrollment process, improve the quality of care that Medicare beneficiaries receive from HHAs, and reduce the Medicare program's vulnerability to fraud. This rule also proposes clarifying language to the ``skilled services'' section and Condition of Participation (CoP) section of our regulations. This proposed rule also clarifies the coverage of routine medical supplies under the HH PPS. We are also soliciting comments on: Physician/patient interaction associated with the home health plan of care (POC); a Consumer Assessment of Healthcare Providers and Systems (CAHPS) Home Health Care Survey; the Outcome and Assessment Information Set (OASIS), Version C, effective January 1, 2010; proposed pay for reporting measures for use in CY 2011; and a number of minor payment-related issues. We are also responding to comments received as a result of our solicitation in the CY 2008 HH PPS final rule with comment period.

The Consumer Product Safety Commission (``CPSC'' or ``Commission'') is proposing to issue regulations establishing requirements for the periodic audit of third party conformity assessment bodies as a condition for their continuing accreditation. The proposed rule would implement section 14(d) of the Consumer Product Safety Act (``CPSA''), as amended by section 102(b) of the Consumer Product Safety Improvement Act of 2008 (``CPSIA'').

The Coast Guard is establishing a temporary safety zone in the vicinity of the Hood Canal Bridge due to the ongoing Hood Canal Bridge Construction Project. The safety zone is necessary to help protect construction personnel and the maritime public from the numerous dangers associated with the Hood Canal Bridge Construction Project. All persons and vessel are prohibited from entering the zone unless authorized by the Captain of the Port, Puget Sound or her Designated Representative.

The Coast Guard is establishing special local regulations during the Mattaponi Madness Drag Boat Races, a series of power boat races to be held on the waters of the Mattaponi River, near Wakema, Virginia. These special local regulations are necessary to provide for the safety of life on navigable waters during the events. This action is intended to restrict vessel traffic during the power boat races in a segment of the Mattaponi River that flows along the border of King William County and King and Queen County near Wakema, Virginia.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier Model DHC-8-100 and DHC-8-200 series airplanes, and DHC-8-301, -311, and -315 airplanes. This proposed AD would require implementing a corrosion prevention and control program (CPCP) either by accomplishing specific tasks or by revising the maintenance inspection program to include a CPCP. This proposed AD results from the determination that, as airplanes age, they are more likely to exhibit indications of corrosion. We are proposing this AD to prevent structural failure of the airplane due to corrosion.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a supplemental new animal drug application (NADA) filed by Pennfield Oil Co. The supplemental NADA provides for the use of fixed-combination Type A medicated articles containing oxytetracycline and neomycin sulfate to formulate two-way, fixed-combination drug Type B and Type C medicated feeds for chickens, turkeys, swine, cattle, and sheep. This approval reflects FDA's effectiveness conclusions which relied on the National Academy of Sciences/National Research Council (NAS/NRC) Drug Efficacy Study Group's evaluation of the effectiveness of these drugs when used in animal feed as single ingredients.