October 2009 – Federal Register Recent Federal Regulation Documents

The Coast Guard proposes to update the rates for pilotage on the Great Lakes by 5.07% to generate sufficient revenue to cover allowable expenses, target pilot compensation, and return on investment. The proposed update reflects an August 1, 2010 increase in benchmark contractual wages and benefits and an adjustment for inflation. This rulemaking promotes the Coast Guard strategic goal of maritime safety.

The Secretary of the Department of Health and Human Services (HHS) adopts this interim final rule to conform the enforcement regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to the effective statutory revisions made pursuant to the Health Information Technology for Economic and Clinical Health Act (the HITECH Act), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (ARRA). More specifically, this interim final rule amends HIPAA's enforcement regulations, as they relate to the imposition of civil money penalties, to incorporate the HITECH Act's categories of violations, tiered ranges of civil money penalty amounts, and revised limitations on the Secretary's authority to impose civil money penalties for established violations of HIPAA's Administrative Simplification rules (HIPAA rules). This interim final rule does not make amendments with respect to those enforcement provisions of the HITECH Act that are not yet effective under the applicable statutory provisions. Such amendments will be subject to forthcoming rulemaking(s).

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection, FCC Form 323, associated with 47 CFR Sections 73.6026 and 74.797. Therefore, these rules and FCC Form 323 will take effect on October 30, 2009. The Commission published summary documents of Report and Order, In the Matter of Promoting Diversification of Ownership in the Broadcasting Services in MB Docket Nos. 07-294, 06-121, 02-277, 04-228; MM Docket Nos. 01-235, 01-317, 00- 244; FCC 09-33 on May 27, 2009. The published summary document of the Report and Order stated that the information collection requirements required approval by OMB and that the FCC will publish a document in the Federal Register announcing the effective date. The Commission subsequently received OMB approval. This notification is consistent with that statement in the summary document, published May 27, 2009. 47 CFR 73.3615 was also included in the Report and Order. However, the Commission issued a Memorandum Opinion and Order which revised that rule section. A notice announcing the effective date of that rule section is published elsewhere in this issue of the Federal Register.

We are considering ways to quickly identify diseases and other serious medical conditions that obviously meet the definition of disability under the Social Security Act (Act) and can be identified with minimal objective medical information. We are calling this method ``Compassionate Allowances.'' In December 2007, April 2008, November 2008, and July 2009, we held Compassionate Allowance public hearings. These hearings concerned rare diseases, cancers, traumatic brain injury and stroke, early-onset alzheimer's and related dementias, respectively. This hearing is the fifth in the series. The purpose of this hearing is to obtain your views about the advisability and possible methods of identifying and implementing compassionate

This rule revises 32 CFR part 311 to update Office of the Secretary of Defense (OSD) and Joint Staff (JS) policy, assigns responsibilities, and prescribes procedures for the effective administration of the Privacy Act (PA) Program in OSD and JS. This rule supplements and implements 32 CFR part 310, the DoD Privacy Program.

This document contains final regulations that provide guidance on the manner in which an S corporation reduces its tax attributes under section 108(b) for taxable years in which the S corporation has discharge of indebtedness income that is excluded from gross income

This NPRM proposes to amend Federal Motor Vehicle Safety Standard (FMVSS) No. 109, New pneumatic and certain specialty tires, to change the test pressure for the physical dimensions test for T-type tires (temporary use spare tires) from 52 pounds per square inch (psi) to 60 psi. A 60-psi test pressure for the physical dimensions test would marginally increase the stringency of the test while harmonizing FMVSS No. 109 with international and voluntary consensus standards. This NPRM responds to a petition for rulemaking from the Tire & Rim Association.

The FAA is revising an existing airworthiness directive (AD), which applies to all Boeing Model 747-100, 747-100B, 747-100B SUD, 747- 200B, 747-200C, 747-200F, 747-300, 747SR, and 747SP series airplanes. That AD currently requires revising the FAA-approved maintenance program by incorporating new airworthiness limitations (AWLs) for fuel tank systems to satisfy Special Federal Aviation Regulation No. 88 requirements. That AD also requires the initial inspection of certain repetitive AWL inspections to phase in those inspections, and repair if necessary. This AD clarifies the intended effect of the AD on spare and on-airplane fuel tank system components. This AD results from a design review of the fuel tank systems. We are issuing this AD to prevent the potential for ignition sources inside fuel tanks caused by latent failures, alterations, repairs, or maintenance actions, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.

We are adopting a new airworthiness directive (AD) for Bell Helicopter Textron Canada (Bell) Model 407 and 427 helicopters. This AD results from a mandatory continuing airworthiness information (MCAI) AD issued by the aviation authority of Canada. The MCAI AD states that, during a preflight check, it was observed that the swashplate link assembly bearing had moved in the lever race, making contact with the swashplate support. The MCAI also states that further investigation revealed that the bearing had not been staked correctly during manufacture. That condition, if not detected, could result in failure of a bearing, failure of the swashplate link assembly, and subsequent loss of control of the helicopter.

This document reconsiders the requirement that licensees report certain nonattributable interests on FCC Form 323, Ownership Report for Commercial Broadcast Stations. Therefore, entities will not have to report these interests biennially on Form 323. The Commission reaffirms all other changes it made to the FCC Form 323 in the 323 Order.

EPA is promulgating a regulation to require reporting of greenhouse gas emissions from all sectors of the economy. The final rule applies to fossil fuel suppliers and industrial gas suppliers, direct greenhouse gas emitters and manufacturers of heavy-duty and off- road vehicles and engines. The rule does not require control of greenhouse gases, rather it requires only that sources above certain threshold levels monitor and report emissions.

This action proposes to modify Class E airspace at Grand Junction Regional, Grand Junction, CO. Additional controlled airspace is necessary to facilitate vectoring of Instrument Flight Rules (IFR) traffic from Grand Junction Regional, Grand Junction, CO to en route. The FAA is proposing this action to enhance the safety and management of aircraft operations at Grand Junction Regional, Grand Junction, CO. This action also would update the airport name from Grand Junction, Walker Field.

The Defense Logistics Agency shall exempt those records contained in S510.30, Freedom of Information Act/Privacy Act Requests and Administrative Appeal Records, when an exemption has been previously claimed for the records in another Privacy Act system of records. The exemption is intended to preserve the exempt status of the records when the purposes underlying the exemption for the original records are still valid and necessary to protect the contents of the records. The Privacy Act system of records notice has already been published on January 22, 2009 (74 FR 4009).

The Department of Defense is updating the National Reconnaissance Office Privacy Act Program Rules, 32 CFR 326, by adding the (k)(2)and (k)(5), exemptions to accurately describe the basis for exempting the records. The Privacy Act system of records notice, QNRO- 27, entitled ``Legal Records'', has already been published on April 30, 2008 (73 FR 23429).

This proposed rule eliminates the 1 year lock-out for non- Active Duty members who disenroll from TRICARE Prime before their annual enrollment renewal date.

The National Security Agency/Central Security Service is adding an exemption rule for the system of records GNSA 26, ``NSA/CSS Accounts Receivable, Indebtedness and Claims.'' The Privacy Act system of record notice has already been published on August 19, 2009 (74 FR 41872).

This final rule will provide that TRICARE approval of a hospital is sufficient for its psychiatric partial hospitalization program (PHP) to be an authorized TRICARE provider. Upon implementation of this provision, separate TRICARE certification of hospital-based psychiatric PHPs would no longer be required. This rule will establish uniform requirements for recognizing a hospital-based PHP as an authorized TRICARE provider.

The Department of the Air Force is updating the Department of the Air Force Privacy Act Program Rules, 32 CFR part 806b, by adding the (k)(5) exemption to accurately describe the basis for exempting the records. The Privacy Act system of records notice, F036 AETC X, entitled ``College Scholarship Program'', was published on July 7, 2008 (73 FR 38411). The same notice was amended on August 22, 2008 (73 FR 49659) requesting a System ID change.

The Department of the Air Force is updating the Department of Air Force Privacy Act Program Rules, 32 CFR part 806b, by adding the (k)(3) exemption to accurately describe the basis for exempting the records. The Privacy Act system of records notice, F032 AFCESA C, entitled ``Civil Engineer System-Explosive Ordnance Records'', has already been published on March 17, 2009 (74 FR 11356).

The Department of Air Force is updating the Department of Air Force Privacy Act Program Rules, 32 CFR part 806b, by adding the (k)(2) exemption to accurately describe the basis for exempting the records. The Privacy Act system of records notice, F033 USSC A, entitled ``Information Technology and Control Records'', has already been published on March 3, 2008 (73 FR 11400).

This document contains corrections to the final regulations, which were published in the Federal Register of Wednesday, October 3, 2008 (73 FR 57515). The regulations relate to the obligation to file rate schedules, tariffs and certain service agreements and to the withdrawals and amendments of rate schedules, and tariff or service agreement filings.

NCUA is amending its share insurance rules to: reflect Congress's extension, until December 31, 2013, of the temporary increase in the standard maximum share insurance amount (``SMSIA'') from $100,000 to $250,000; and finalize the interim final rules on revocable trust accounts, mortgage servicing accounts, and NCUA's official sign issued in October 2008.

We are adopting a new airworthiness directive (AD) for certain Boeing Model 767-200, -300, -300F, and -400ER series airplanes. This AD requires an inspection to determine if certain motor operated valve actuators for the fuel tanks are installed, and related investigative and corrective actions if necessary. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent an ignition source inside the fuel tanks, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.

FEMA is suspending one community because of its failure to enforce its floodplain management regulations under the National Flood Insurance Program (NFIP). If documentation is received from the community before the effective suspension date, indicating it has brought its floodplain management program into compliance with the NFIP requirements, FEMA will withdraw the suspension by publication in the Federal Register on a subsequent date.

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: