August 6, 2010 – Federal Register Recent Federal Regulation Documents

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Trans Bay Cable, LLC; Notice of Institution of Section 206 Investigation and Refund Effective Date
Document Number: 2010-19379
Type: Notice
Date: 2010-08-06
Agency: Department of Energy, Federal Energy Regulatory Commission
Wabash Gas Storage LLC; Notice of Application
Document Number: 2010-19378
Type: Notice
Date: 2010-08-06
Agency: Department of Energy, Federal Energy Regulatory Commission
Combined Notice of Filings
Document Number: 2010-19377
Type: Notice
Date: 2010-08-06
Agency: Department of Energy, Federal Energy Regulatory Commission
Demand Response Compensation in Organized Wholesale Energy Markets
Document Number: 2010-19376
Type: Proposed Rule
Date: 2010-08-06
Agency: Department of Energy, Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission is issuing a Supplemental Notice of Proposed Rulemaking (NOPR) and Notice of Technical Conference to provide additional opportunity for comment on issues related to the March 18, 2010 NOPR, 75 FR 15362 (March 29, 2010), regarding the appropriate compensation to be paid to demand response resources in organized wholesale electric markets administered by Independent System Operators or Regional Transmission Organizations. The Commission proposed an approach for compensating demand response resources in order to improve the competitiveness of organized wholesale energy markets and thus ensure just and reasonable wholesale rates. The Supplemental NOPR seeks comment on whether the Commission
Receipt of Applications for Permit
Document Number: 2010-19375
Type: Notice
Date: 2010-08-06
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species, marine mammals, or both. With some exceptions, the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA) prohibit activities with listed species unless a Federal permit is issued that allows such activities. Both laws require that we invite public comment before issuing these permits.
Self-Regulatory Organizations; NASDAQ OMX PHLX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Add Seventy-Five Options Classes to the Penny Pilot Program
Document Number: 2010-19371
Type: Notice
Date: 2010-08-06
Agency: [release No. 34-62616; File No. Sr-Phlx-2010-103], Securities and Exchange Commission, Agencies and Commissions
Raisins Produced From Grapes Grown In California; Use of Estimated Trade Demand to Compute Volume Regulation Percentages
Document Number: 2010-19369
Type: Proposed Rule
Date: 2010-08-06
Agency: Agricultural Marketing Service, Department of Agriculture
This proposed rule invites comments on using an estimated trade demand figure to compute volume regulation percentages for 2010- 11 crop Natural (sun-dried) Seedless (NS) raisins covered under the Federal marketing order for California raisins (order). The order regulates the handling of raisins produced from grapes grown in California and is administered locally by the Raisin Administrative Committee (committee). This proposed rule would provide parameters for implementing volume regulation, if necessary, for 2010-11 crop NS raisins for the purposes of maintaining a portion of the industry's export markets and stabilizing the domestic market.
Application Nos. and Proposed Exemptions; D-11569, Sherburne Tele Systems, Inc.; and D-11597, John D. Simmons Individual Retirement Account; et al.
Document Number: 2010-19368
Type: Notice
Date: 2010-08-06
Agency: Employee Benefits Security Administration, Department of Labor
This document contains notices of pendency before the Department of Labor (the Department) of proposed exemptions from certain of the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974 (ERISA or the Act) and/or the Internal Revenue Code of 1986 (the Code).
Prohibited Transaction Exemptions and Grant of Individual Exemptions Involving: 2010-23, D-11500, Carle Foundation Hospital & Affiliates Pension Plan; 2010-24, D-11565, Citizens Bank Wealth Management, N.A.; and 2010-25, D-11602, State Street Bank and Trust Company (State Street); et al.
Document Number: 2010-19367
Type: Notice
Date: 2010-08-06
Agency: Employee Benefits Security Administration, Department of Labor
This document contains exemptions issued by the Department of Labor (the Department) from certain of the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974 (ERISA or the Act) and/or the Internal Revenue Code of 1986 (the Code).
Fruit and Vegetable Industry Advisory Committee
Document Number: 2010-19366
Type: Notice
Date: 2010-08-06
Agency: Agricultural Marketing Service, Department of Agriculture
The purpose of this notice is to notify all interested parties that the Agricultural Marketing Service (AMS) will hold a Fruit and Vegetable Industry Advisory Committee (Committee) meeting that is open to the public. The U.S. Department of Agriculture (USDA) established the Committee to examine the full spectrum of issues faced by the fruit and vegetable industry and to provide suggestions and ideas to the Secretary of Agriculture on how USDA can tailor its programs to meet the fruit and vegetable industry's needs. This notice sets forth the schedule and location for the meeting.
U.S. Customs and Border Protection; Notice of Issuance of Final Determination Concerning a Certain Unified Communications Solution
Document Number: 2010-19363
Type: Notice
Date: 2010-08-06
Agency: Department of Homeland Security
This document provides notice that U.S. Customs and Border Protection (``CBP'') has issued a final determination concerning the country of origin of a certain unified communications solution. Based upon the facts presented, CBP has concluded in the final determination that the United States is the country of origin of the unified communications solution for purposes of U.S. government procurement.
Guidance for Industry on Drug Substance Chemistry, Manufacturing, and Controls Information; Availability
Document Number: 2010-19360
Type: Notice
Date: 2010-08-06
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is announcing the availability of a guidance for industry 169 entitled ``Drug Substance Chemistry, Manufacturing, and Controls Information.'' This guidance provides recommendations on the chemistry, manufacturing, and controls (CMC) information for drug substances that should be submitted to support original new animal drug applications (NADAs) and abbreviated new animal drug applications (ANADAs). The guidance is structured to facilitate the preparation of applications submitted in Common Technical Document (CTD) format.
Requested Administrative Waiver of the Coastwise Trade Laws
Document Number: 2010-19359
Type: Notice
Date: 2010-08-06
Agency: Maritime Administration, Department of Transportation
As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD-2010-0071 at https://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD's regulations at 46 CFR part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the
Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Administrative Procedures for the Clinical Laboratory Improvement Amendments of 1988 Categorization
Document Number: 2010-19358
Type: Notice
Date: 2010-08-06
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.
Agency Information Collection Activities; Proposed Collection; Comment Request; Generic Food and Drug Administration Rapid Response Surveys
Document Number: 2010-19357
Type: Notice
Date: 2010-08-06
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the use of rapid response surveys to obtain data on safety information to support quick- turnaround decisionmaking about potential safety problems or risk management solutions from health care professionals, hospitals and other user-facilities (e.g., nursing homes, etc.); consumers; manufacturers of biologics, drugs, and medical devices; distributors; and importers when FDA must quickly determine whether or not a problem with a biologic, drug, or medical device impacts the public health.
Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Pretesting of Tobacco Communications
Document Number: 2010-19356
Type: Notice
Date: 2010-08-06
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.
Draft Guidance for Industry and Food and Drug Administration Staff; Medical Devices; Neurological and Physical Medicine Device Guidance Document; Reopening of Comment Period; Correction
Document Number: 2010-19355
Type: Notice
Date: 2010-08-06
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is correcting a notice that appeared in the Federal Register of July 28, 2010 (75 FR 44267). The document reopened the comment period for a notice of availability of draft guidance documents for 11 neurological and physical medicine devices. The document was published with an inadvertent error. This document corrects that error.
Clinical Studies of Safety and Effectiveness of Orphan Products Research Project Grant (R01)
Document Number: 2010-19354
Type: Notice
Date: 2010-08-06
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is announcing the availability of grant funds for the support of FDA's Office of Orphan Products Development (OPD) grant program. The goal of FDA's OPD grant program is to support the clinical development of products for use in rare diseases or conditions where no current therapy exists or where the proposed product will be superior to the existing therapy. FDA provides grants for clinical studies on safety and/or effectiveness that will either result in, or substantially contribute to, market approval of these products. Applicants must include in the application's Background and Significance section documentation to support the estimated prevalence of the orphan disease or condition (or in the case of a vaccine or diagnostic, information to support the estimates of how many people will be administered the diagnostic or vaccine annually) and an explanation of how the proposed study will either help support product approval or provide essential data needed for product development.
Strategic Plan for Consumer Education via Cooperative Agreement (U18)
Document Number: 2010-19353
Type: Notice
Date: 2010-08-06
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is announcing its intention to receive and consider a single source application under a cooperative agreement grant (U18) in fiscal year (FY) 2010 to the Partnership for Food Safety Education (PFSE) located in Washington, DC. This cooperative agreement grant is being provided to facilitate a ``Strategic Plan for Consumer Education'' to determine future directions for PFSE in carrying out a nationwide food safety education program on safe handling practices to prevent foodborne illness. The goal of the cooperative agreement is to help strengthen PFSE, so that FDA's goal may be achieved in improving consumer food safety practices and in turn reduce the incidence of foodborne illness.
Reports, Forms, and Record Keeping Requirements; Agency Information Collection Activity Under OMB Review
Document Number: 2010-19352
Type: Notice
Date: 2010-08-06
Agency: National Highway Traffic Safety Administration, Department of Transportation
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and the expected burden. The Federal Register Notice with a 60-day comment period was published on May 12, 2010 (75 FR 26837-26838).
Schedules of Controlled Substances; Placement of 2,5-Dimethoxy-4-(n)-propylthiophenethylamine and N-Benzylpiperazine Into Schedule I of the Controlled Substances Act; Correction
Document Number: 2010-19348
Type: Rule
Date: 2010-08-06
Agency: Drug Enforcement Administration, Department of Justice
The Drug Enforcement Administration (DEA) is correcting a final rule that appeared in the Federal Register of March 18, 2004. The final rule pertained to the scheduling of N-Benzylpiperazine (BZP), and contained an error regarding the potency of BZP relative to amphetamine. Although DEA used the correct figures in arriving at its scheduling determination, the agency is publishing this correction to provide an official statement of the actual figures. This correction
Annual Meeting of the Regional Small Business Regulatory Fairness Boards Office of the National Ombudsman
Document Number: 2010-19347
Type: Notice
Date: 2010-08-06
Agency: Small Business Administration, Agencies and Commissions
The SBA, Office of the National Ombudsman is issuing this notice to announce the location, date, time and agenda for the annual board meeting of the ten Regional Small Business Regulatory Fairness Boards (Regional Regulatory Fairness Boards). The meeting is open to the public.
Schedules of Controlled Substances; Placement of 2,5-Dimethoxy-4-(n)-propylthiophenethylamine and N-Benzylpiperazine Into Schedule I of the Controlled Substances Act; Correction
Document Number: 2010-19345
Type: Proposed Rule
Date: 2010-08-06
Agency: Drug Enforcement Administration, Department of Justice
The Drug Enforcement Administration (DEA) is correcting a notice of proposed rulemaking that appeared in the Federal Register of September 8, 2003. The proposed rule pertained to the scheduling of N- Benzylpiperazine (BZP), and contained an error regarding the potency of BZP relative to amphetamine. Although DEA used the correct figures in arriving at its scheduling determination, the agency is publishing this correction to provide an official statement of the actual figures. This
Make Inoperative Exemptions; Vehicle Modifications To Accommodate People With Disabilities
Document Number: 2010-19344
Type: Rule
Date: 2010-08-06
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document corrects several cross-references in the agency's regulation exempting specified modifications for handicapped persons from the ``make inoperative'' prohibition of the National Traffic and Motor Vehicle Safety Act. This action responds to a letter from the National Mobility Equipment Dealers Association to correct the regulation.
Notice of Request for a Revision of a Currently Approved Information Collection (Listeria Monocytogenes
Document Number: 2010-19341
Type: Notice
Date: 2010-08-06
Agency: Department of Agriculture, Food Safety and Inspection Service
In accordance with the Paperwork Reduction Act of 1995 and the Office of Management and Budget (OMB) regulations, this notice announces the Food Safety and Inspection Service's (FSIS) intention to request a revision of a currently approved information collection regarding Listeria monocytogenes (L. monocytogenes) for ready-to-eat (RTE) meat and poultry products because the OMB approval will expire on November 30, 2010, and to reflect its most recent plant data, which supports an estimate of fewer total burden hours.
Application Deadline Extended; Executive Green ICT & Energy Efficiency Trade Mission to Mexico City, Mexico
Document Number: 2010-19336
Type: Notice
Date: 2010-08-06
Agency: Department of Commerce
The United States Department of Commerce, International Trade Administration, and U.S. & Foreign Commercial Service are organizing an Executive Green ICT & Energy Efficiency Trade Mission to Mexico City from September 27-29, 2010. This Executive led mission will focus on assisting U.S. providers of ``Green Information & Communication Technology (ICT)'' solutions, as well as energy efficiency technologies to enter or increase their presence in various sectors of the Mexican market. This will include data centers, telecommunications, utilities, and construction. Green ICTsor smart technologiesprovide monitoring, supervision and automation capabilities to reach energy efficiency in the mentioned industries, such as smart grids and smart buildings. The mission will support U.S. delegates to gain market insight, local private and public contacts, and identify potential business opportunities and partners. In addition to the welcome reception and Matchmaking Services, a one-day Green ICT & Energy Efficiency conference will take place at the World Trade Center in Mexico City. Relevant issues on energy efficiency in data centers, smart grids, and green buildings will be discussed. Mission delegates will have an opportunity to exhibit outside of the conference hall during this event. Furthermore, this mission will take place during the same days as The Green Expo at the World Trade Center in Mexico City. As a separate activity and independent of the mission, delegates will be granted a discount by EJ Krause, organizer of The Green Expo, to exhibit at the show in the USA Pavilion.
Notice of Funding Availability (NOFA) for Renewable Energy Feasibility Studies Grants Under the Rural Energy for America Program
Document Number: 2010-19335
Type: Notice
Date: 2010-08-06
Agency: Department of Agriculture, Rural Business-Cooperative Service
The Rural Energy for America Program, formerly section 9006 under the 2002 Farm Bill, is composed of several types of grants and guaranteed loan programs. These are: Guaranteed loans and grants for the development/construction of renewable energy systems and for energy efficiency improvement projects; grants for conducting energy audits; grants for conducting renewable energy development assistance; and grants for conducting renewable energy feasibility studies.
Meeting of the Defense Policy Board
Document Number: 2010-19316
Type: Notice
Date: 2010-08-06
Agency: Office of the Secretary, Department of Defense
The Defense Policy Board will meet in closed session on September 13, 2010 from 0730 hrs until 1800 hrs and on June 24, 2010 from 0730 hrs until 1000 hrs at the Pentagon.
Identification (ID) Cards for Members of the Uniformed Services, Their Dependents, and Other Eligible Individuals
Document Number: 2010-19315
Type: Proposed Rule
Date: 2010-08-06
Agency: Office of the Secretary, Department of Defense
The Department of Defense (DoD) proposes to establish policy, assign responsibilities, and provide procedures for the issuing of distinct DoD ID cards. The ID cards shall be issued to uniformed service members, their dependents, and other eligible individuals and will be used as proof of identity and DoD affiliation.
Voluntary Education Programs
Document Number: 2010-19314
Type: Proposed Rule
Date: 2010-08-06
Agency: Office of the Secretary, Department of Defense
The Department of Defense (DoD) proposes to implement policy, assign responsibilities, and prescribe procedures for the operation of voluntary education programs within DoD. Included are: Procedures for Service members participating in education programs; guidelines for establishing, maintaining, and operating voluntary education programs including, but not limited to, instructor-led courses offered on- installation and off-installation, as well as via distance learning; procedures for obtaining on-base voluntary education programs and services; minimum criteria for selecting institutions to deliver higher education programs and services on military installations; the establishment of a DoD Voluntary Education Partnership Memorandum of Understanding between DoD and educational institutions receiving tuition assistance payments; and procedures for other education programs for Service members and their adult family members.
Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); TRICARE Retired Reserve for Members of the Retired Reserve
Document Number: 2010-19313
Type: Rule
Date: 2010-08-06
Agency: Office of the Secretary, Department of Defense
This interim final rule establishes requirements and procedures for implementation of TRICARE Retired Reserve. This interim
TRICARE; Diabetic Education
Document Number: 2010-19311
Type: Rule
Date: 2010-08-06
Agency: Office of the Secretary, Department of Defense
The Department of Defense is publishing this final rule to clarify TRICARE coverage for diabetic education. This rule introduces
TRICARE: Unfortunate Sequelae From Noncovered Services in a Military Treatment Facility
Document Number: 2010-19310
Type: Proposed Rule
Date: 2010-08-06
Agency: Office of the Secretary, Department of Defense
The Department of Defense is publishing this proposed rule to allow coverage for otherwise covered services and supplies required in the treatment of complications (unfortunate sequelae) resulting from a noncovered incident of treatment provided in a Military Treatment Facility (MTF), when the initial noncovered service has been authorized by the MTF Commander and the MTF is unable to provide the necessary treatment of the complications. This proposed rule is necessary to protect TRICARE beneficiaries from incurring financial hardships due to the current regulatory restrictions that prohibit TRICARE coverage of treatment of the complications resulting from noncovered medical procedures, even when those procedures were conducted in a Department of Defense facility.
TRICARE; Rare Diseases Definition
Document Number: 2010-19308
Type: Rule
Date: 2010-08-06
Agency: Office of the Secretary, Department of Defense
This final rule revises the definition of rare diseases to adopt the definition of a rare disease as promulgated by the National Institutes of Health, Office of Rare Diseases. The rule modification will result in the definition used by the TRICARE program for a rare disease to be consistent with the definition used by the National Institutes of Health and the Food and Drug Administration. TRICARE has generally been applying the broader National Institutes of Health and Food and Drug Administration definitions when making coverage decisions for treatments; therefore, there will be no practical changes for beneficiaries.
TRICARE: Changes Included in the National Defense Authorization Act for Fiscal Year 2007; Improvements to Descriptions of Cancer Screening for Women
Document Number: 2010-19307
Type: Rule
Date: 2010-08-06
Agency: Office of the Secretary, Department of Defense
The Department is publishing this final rule to implement section 703 of the National Defense Authorization Act (NDAA) for Fiscal Year 2007 (FY07), Public Law 109-364. Specifically, that legislation authorizes breast cancer screening and cervical cancer screening for female beneficiaries of the Military Health System, instead of constraining such testing to mammograms and Papanicolaou smears. The rule allows coverage for ``breast cancer screening'' and ``cervical cancer screening'' for female beneficiaries of the Military Health System, instead of constraining such testing to mammograms and Papanicolaou tests. This rule ensures new breast and cervical cancer screening procedures can be added to the TRICARE benefit as such procedures are proven to be a safe, effective, and nationally accepted medical practice. This amends the cancer specific recommendations for breast and cervical cancer screenings to be brought in line with the processes for updating other cancer screening recommendations. In response to public comment on the proposed rule, this final rule includes a clarification that the benefit encompasses screening based on Health and Human Services guidelines.
Proposed Collection; Comment Request
Document Number: 2010-19306
Type: Notice
Date: 2010-08-06
Agency: Office of the Secretary, Department of Defense
In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Assistant Secretary of Defense for Health Affairs announces a proposed new public information collection and seeks public comment on the provisions thereof. Comments are invited on: Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.
Revised Non-Foreign Overseas Per Diem
Document Number: 2010-19279
Type: Notice
Date: 2010-08-06
Agency: Office of the Secretary, Department of Defense
The Per Diem, Travel and Transportation Allowance Committee is publishing Civilian Personnel Per Diem Bulletin Number 269. This bulletin lists revisions in the per diem rates prescribed for U.S. Government employees for official travel in Alaska, Hawaii, Puerto Rico, the Northern Mariana Islands and Possessions of the United States. AEA changes announced in Bulletin Number 194 remain in effect. Bulletin Number 269 is being published in the Federal Register to assure that travelers are paid per diem at the most current rates.
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