November 2009 – Federal Register Recent Federal Regulation Documents

This document contains final regulations providing guidance relating to the application of the section 204(h) notice requirements to a pension plan amendment that is permitted to reduce benefits accrued before the plan amendment's applicable amendment date. These regulations also reflect certain amendments made to the section 204(h) notice requirements by the Pension Protection Act of 2006. These final regulations generally affect sponsors, administrators, participants, and beneficiaries of pension plans.

The Federal Crop Insurance Corporation (FCIC) proposes to amend the Common Crop Insurance Regulations, Stonefruit Crop Insurance Provisions to allow coverage for plums under the Stonefruit Crop Insurance Provisions and to make other changes to clarify policy provisions. The proposed rule will also remove the Plum Crop Insurance Provisions from the Code of Federal Regulations. The intended effect of this action is to provide policy changes, to clarify existing policy provisions to better meet the needs of the producers, and to reduce vulnerability to program fraud, waste, and abuse. The changes will apply for the 2011 and succeeding crop years.

This document seeks comment on how to empower parents to help their children take advantage of the opportunities offered by evolving electronic media technologies while at the same time protecting children from the risks inherent in use of these technologies. It asks for comment about the extent to which children are using electronic media today, the benefits and risks this presents, and the ways in which parents, teachers, and children can help reap the benefits while minimizing the risks of using these technologies. It also asks about the effectiveness of media literacy efforts and about how the Commission can assist with efforts being made by other Federal agencies

The Department of Health and Human Services (HHS) is issuing this Notice of Proposed Rulemaking (NPRM) to obtain input from stakeholders and other interested parties. This is a proposal to amend the rule governing the separation that must exist between a recipient of HHS funds to implement HIV/AIDS programs and activities under the United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 and an affiliate organization that engages in activities that are not consistent with a policy opposing prostitution and sex trafficking. The proposed rule relaxes the criteria for recipient affiliate separation, and simplifies the process for compliance with the statutory requirement that recipients of HHS Leadership Act HIV/ AIDS funds have a policy explicitly opposing prostitution and sex trafficking. This proposal eliminates the requirement that recipients prepare and file additional documentation specifically to demonstrate adherence to this policy. The documentation will instead consist of a statement in the awarding document to which the prime recipient must agree in order to receive Leadership Act HIV/AIDS funds.

The Department of the Treasury's Office of Foreign Assets Control (``OFAC'') is amending the Global Terrorism Sanctions Regulations to define the term ``financial, material, or technological support,'' as used in these regulations. Providing ``financial, material, or technological support,'' for either acts of terrorism that threaten the United States, or any person whose property or interests in property are blocked under these regulations, constitutes one of the criteria for designation as a person whose property and interests in property are blocked.

The FAA is withdrawing a previously published NPRM that proposed to establish one set of duty period limitations, flight time limitations, and rest requirements for flight crewmembers engaged in air transportation. The NPRM also proposed to establish consistent and clear duty period limitations, flight time limitations, and rest requirements for domestic, flag, supplemental, commuter and on-demand operations. We are withdrawing the NPRM because it is outdated and because of the many significant issues commenters raised. The FAA

We, the U.S. Fish and Wildlife Service (Service), under the authority of the Endangered Species Act of 1973, as amended (Act), give notice of our intent to conduct a status review of Gunnison sage-grouse (Centrocercus minimus). We conduct status reviews to determine whether the species should be listed as endangered or threatened under the Act. Through this notice, we encourage all interested parties to provide us information regarding Gunnison sage-grouse.

NMFS is issuing regulations under the Tuna Conventions Act of 1950 (Act) to implement a decision of the Inter-American Tropical Tuna Commission (IATTC). That decision requires, among other things, that members of the IATTC, including the United States, ensure that catches in the eastern Pacific Ocean (EPO) of bigeye tuna (Thunnus obesus) by longline vessels greater than 24 meters in length do not exceed specified levels in each of the years 2009, 2010, and 2011, and that purse seine vessels class size 4-6 do not fish in the EPO during established closure periods. This action is necessary for the United States to satisfy its obligations under the 1949 Convention for the Establishment of an Inter-American Tropical Tuna Commission (Convention), to which it is a Contracting Party.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect a change of sponsor for 10 new animal drug applications (NADAs) from Merial Ltd. to Huvepharma AD.

The FAA is adopting a new airworthiness directive (AD) for Rolls-Royce Corporation (RRC) AE 3007A1/1, AE 3007A1/3, AE 3007A1, AE 3007A1E, AE 3007A1P, AE 3007A3, AE 3007C, and AE 3007C1 turbofan engines with a fan spinner part number (P/N) 23070964 or P/N 23078783, installed. This AD requires replacement of the fan spinner. This AD results from a report of a fan spinner releasing from an AE 3007A turbofan engine, during flight. We are issuing this AD to prevent the fan spinner from releasing, which could result in injury, damage to the engine, and damage to the airplane.

The Food and Drug Administration (FDA) is proposing to amend its regulations regarding the declaration of certified color additives on the labels of animal food including animal feeds and pet foods. FDA is proposing this amendment in response to the Nutrition Labeling and Education Act of 1990 (the 1990 amendments), which amended the Federal Food, Drug, and Cosmetic Act (the act) by requiring, among other things, the listing on food labels of the common or usual names of all color additives required to be certified by FDA. An additional purpose of this amendment is to make these regulations consistent with the regulations regarding the declaration of certified color additives on the labels of human food. The proposed rule also suggests appropriate terminology for the declaration of certification-exempt color additives on the labels of animal food.

We are adopting a new airworthiness directive (AD) for the products listed above that would revise an existing AD. 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:

The Securities and Exchange Commission (``Commission'') is proposing to amend the regulatory requirements of the Securities Exchange Act of 1934 (``Exchange Act'') that apply to non-public trading interest in National Market System (``NMS'') stocks, including so-called ``dark pools'' of liquidity. First, it is proposing to amend the definition of ``bid'' or ``offer'' in Exchange Act quoting requirements to apply expressly to actionable indications of interest (``IOIs'') privately transmitted by dark pools and other trading venues to selected market participants. The proposed definition would exclude, however, IOIs for large sizes that are transmitted in the context of a targeted size discovery mechanism. Second, the Commission is proposing amendments to the display obligations of alternative trading systems (``ATSs'') in Regulation ATS under the Exchange Act, including a substantial lowering of the trading volume threshold in Regulation ATS that triggers public display obligations for ATSs. Third, the Commission is proposing to amend the joint-industry plans for publicly disseminating consolidated trade data to require real-time disclosure of the identity of dark pools and other ATSs on the reports of their executed trades. The proposals are intended to promote the Exchange Act goals of transparency, fairness, and efficiency.

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.

DoD has issued an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 825 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Pub. L. 110-417). Section 825 clarifies the Government's rights in technical data in the designs of DoD vessels, boats, craft, and components thereof. This interim rule also implements the Vessel Hull Design Protection Amendments of 2008 (Pub. L. 110-434).

EPA is proposing uses that qualify for the 2010 critical use exemption and the amount of methyl bromide that may be produced, imported, or supplied from existing pre-phaseout inventory for those uses in 2010. EPA is taking action under the authority of the Clean Air Act to reflect a recent consensus decision taken by the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer at the Twentieth Meeting of the Parties. EPA is seeking comment on the list of critical uses and on EPA's determination of the amounts of methyl bromide needed to satisfy those uses.

EPA proposes to approve Massachusetts Department of Environmental Protection's (``MassDEP'') request to implement and enforce the amended 310 CMR 70.00 Environmental Results Program (``ERP'') Certification and the amended 7.26(10)-(16) Perchloroethylene Air Emissions Standards for Dry Cleaning Facilities (together referred to as the ``amended Dry Cleaner ERP'') as a partial substitution for the amended National Emissions Standards for Hazardous Air Pollutants for Perchloroethylene Dry Cleaning Facilities (``Dry Cleaning NESHAP''), as it applies to area sources. This approval would make the Massachusetts Department of Environmental Protection's amended rules federally enforceable. Major sources would remain subject to the Federal Dry Cleaning NESHAP. In addition, dry cleaners installed in a building with a residence between December 21, 2005 and July 13, 2006 would remain subject to the Federal Dry Cleaning NESHAP.

This rule governs winter visitation and certain recreational use in Grand Teton National Park and the John D. Rockefeller, Jr. Memorial Parkway. This final rule is issued to implement the Finding of No Significant Impact (FONSI) for the 2008 Winter Use Plans Environmental Assessment (2008 EA) approved October 15, 2009, and will provide visitors a range of winter recreation opportunities that are appropriate to the national park setting, and that these activities do not unacceptably impact or impair park resources and values. The rule requires that recreational snowmobiles operating on Jackson Lake meet certain air and sound emissions requirements, and that such snowmobile use is for the sole purpose of accessing ice fishing opportunities on the lake. The rule sets daily entry limits on the numbers of snowmobiles allowed on Jackson Lake and on the Grassy Lake Road, and also designates the route between Flagg Ranch and the South Entrance of Yellowstone National Park for snowmobile and snowcoach use, subject to compliance with the daily entry limits and other requirements set out in the separate rule authorizing snowmobile and snowcoach use in Yellowstone National Park. Traveling off designated oversnow routes will remain prohibited.

This document withdraws final rules under the Employee Retirement Income Security Act, and parallel provisions of the Internal Revenue Code of 1986, relating to the provision of investment advice to participants and beneficiaries in individual account plans, such as 401(k) plans, and beneficiaries of individual retirement accounts (and certain similar plans). Final rules were published in the Federal Register on January 21, 2009 (74 FR 3822). The effective and applicability dates of the final rules had been deferred until May 17, 2010, in order to permit a review of policy and legal issues raised with respect to the rules. As discussed in this Notice, the Department has determined to withdraw the final rules. The Department also intends to soon propose a revised rule limited to the application of the statutory exemption relating to investment advice.

The Federal Emergency Management Agency (FEMA) provides financial assistance to State, local, and Tribal governments, as well as certain private non-profit organizations, for response and recovery activities required as a result of a presidentially-declared major disaster or emergency. Assistance may include reimbursement for sheltering and evacuation costs incurred to assist individuals displaced by a declared major disaster or emergency. This rule finalizes the July 2006 interim rule which amended FEMA's Public Assistance eligibility regulations to allow grantees to seek reimbursement for sheltering and evacuation costs incurred outside of the area designated under a Presidential emergency or major disaster declaration, if such costs are otherwise eligible for FEMA Public Assistance. This rule further clarifies those regulations to specify which entities may be eligible for reimbursement for costs incurred from providing evacuation and sheltering services outside the area of the declared emergency or major disaster, and the procedures FEMA will use to reimburse those applicants. The rule also establishes the terms ``impact-State'' and ``host-State'' to differentiate between the State for which the President has issued a declaration and that requests evacuation and/or sheltering assistance, and the State (or Tribe) that provides the sheltering and/or evacuation assistance, respectively. Finally, the rule makes a procedural change to the way in which a host-State receives reimbursement for the regular salary or hourly wages and benefits paid to its permanent employees.

This document institutes the Recovery Accountability and Transparency Board's (Board) final rule implementing a set of procedural regulations under the Freedom of Information Act (FOIA) in accordance with 5 U.S.C. 552, and Public Law 104-231, the Electronic Freedom of Information Act Amendments of 1996. These regulations have been written to conform to the statutory provisions of the Acts, to expedite the processing of FOIA requests received by the Board, and to ensure the proper dissemination of information to the public.

The U.S. Fish and Wildlife Service (Service or we) proposes migratory bird subsistence harvest regulations in Alaska for the 2010 season. These regulations will enable the continuation of customary and traditional subsistence uses of migratory birds in Alaska and prescribe regional information on when and where the harvesting of birds may occur. These regulations were developed under a co-management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. The rulemaking is necessary because the regulations governing the subsistence harvest of migratory birds in Alaska are subject to annual review. This rulemaking proposes region- specific regulations that go into effect on April 2, 2010, and expire on August 31, 2010.

EPA is making determinations that three areas designated nonattainment for the 1997 fine particulate (PM2.5) National Ambient Air Quality Standard (NAAQS) have attained the 1997 PM2.5 NAAQS. These are the Martinsburg-Hagerstown, WV-MD nonattainment area; the Parkersburg-Marietta, WV-OH nonattainment area; and the Wheeling, WV-OH nonattainment area. These determinations are based upon complete, quality assured, quality controlled, and certified ambient air monitoring data that show that these areas have monitored attainment of the 1997 PM2.5 NAAQS during the 2006-2008 monitoring period. Currently available monitoring data for 2009 are consistent with continued attainment of the standard. The intended effect of these actions is to finalize these attainment determinations for these areas. With these final determinations, the requirements for States to submit for these areas an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning State Implementation Plans (SIPs) related to attainment of the standard are suspended for so long as the areas continue to meet the 1997 PM2.5 NAAQS. EPA's determinations that these areas have attained the 1997 PM2.5 NAAQS are not equivalent to the redesignation of the areas to attainment. These actions do not constitute redesignations to attainment under section 107(d)(3) of the Clean Air Act (CAA), because we do not yet have an approved maintenance plan for these areas as required under that section and section 175A of the CAA, nor a determination that these areas have met the other requirements for redesignation. The designation status of these areas remains nonattainment for the 1997 PM2.5 NAAQS until such time as EPA determines that these areas meet the CAA requirements for redesignation to attainment.

EPA is proposing to approve a request submitted by the Indiana Department of Environmental Management on September 25, 2009, to revise the Indiana State Implementation Plan (SIP). The submission revises the Indiana Administrative Code (IAC) by amending and updating the definition of ``References to Code of Federal Regulations,'' to refer to the 2008 edition.

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia for Transportation Conformity regulations. 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 detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments