January 15, 2010 – Federal Register Recent Federal Regulation Documents

Positive Train Control Systems
Document Number: E9-31362
Type: Rule
Date: 2010-01-15
Agency: Federal Railroad Administration, Department of Transportation
FRA is issuing regulations implementing a requirement of the Rail Safety Improvement Act of 2008 that defines criteria for certain passenger and freight rail lines requiring the implementation of positive train control (PTC) systems. This final rule includes required functionalities of PTC system technology and the means by which PTC systems will be certified. This final rule also describes the contents of the PTC implementation plans required by the statute and contains the process for submission of those plans for review and approval by FRA. These regulations could also be voluntarily complied with by entities not mandated to install PTC systems. This is a final rule; however, FRA has identified specific provisions for which we are considering making changes to the final rule, if warranted by the public comments received. We expect to publish our response to those comments, including any possible changes to the rule made as a result of them, as soon as possible following the end of the comment period. However, the limited areas of this rule open for additional comment do not affect the requirement for railroads to prepare and submit plans in accordance with the deadlines established in this final rule.
Fair Credit Reporting Risk-Based Pricing Regulations
Document Number: E9-30678
Type: Rule
Date: 2010-01-15
Agency: Federal Trade Commission, Agencies and Commissions, Federal Reserve System
The Board and the Commission are jointly issuing final rules to implement the risk-based pricing provisions in section 311 of the Fair and Accurate Credit Transactions Act of 2003 (FACT Act), which amends the Fair Credit Reporting Act (FCRA). The final rules generally require a creditor to provide a risk-based pricing notice to a consumer when the creditor uses a consumer report to grant or extend credit to the consumer on material terms that are materially less favorable than the most favorable terms available to a substantial proportion of consumers from or through that creditor. The final rules also provide for two alternative means by which creditors can determine when they are offering credit on material terms that are materially less favorable. The final rules also include certain exceptions to the general rule, including exceptions for creditors that provide a consumer with a disclosure of the consumer's credit score in conjunction with additional information that provides context for the credit score disclosure.
Hours of Service
Document Number: 2010-826
Type: Proposed Rule
Date: 2010-01-15
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that it will hold a public listening session (in addition to those identified in a Federal Register notice on January 5, 2010) to solicit comments and information on potential hours-of-service (HOS) regulations. Specifically, the Agency wants to know what factors, issues, and data it should be aware of as it prepares to issue a notice of proposed rulemaking (NPRM) on HOS requirements for property-carrying commercial motor vehicle (CMV) drivers. This session will be held in the Davenport, Iowa area. The listening session will allow interested persons to present comments, views, and relevant research on revisions FMCSA should consider in its forthcoming rulemaking. All comments will be transcribed and placed in the rulemaking docket for the FMCSA's consideration.
Safety Zone; Havasu Landing Annual Regatta; Colorado River, Lake Havasu Landing, CA
Document Number: 2010-763
Type: Rule
Date: 2010-01-15
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone on Lake Havasu, California in support of the Havasu Landing Annual Regatta. This temporary 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.
Approval and Promulgation of Air Quality Implementation Plans; Delaware; Reasonable Further Progress Plan, 2002 Base Year Inventory, Reasonably Available Control Measures, Contingency Measures, and Transportation Conformity Budgets for the Delaware Portion of the Philadelphia 1997 8-Hour Ozone Moderate Nonattainment Area
Document Number: 2010-745
Type: Proposed Rule
Date: 2010-01-15
Agency: Environmental Protection Agency
EPA is proposing to approve a revision to the Delaware State Implementation Plan (SIP) to meet the reasonable further progress (RFP) requirements of the Clean Air Act (CAA) for the Delaware portion of the Philadelphia 1997 8-hour ozone moderate nonattainment area. EPA is also proposing to approve the RFP motor vehicle emissions budgets (MVEBs), the 2002 base year emissions inventory, contingency measures, and the reasonably available control measure (RACM) analysis associated with this revision. EPA is proposing to approve the SIP revision because it satisfies RFP, emissions inventory, contingency measures, RFP transportation conformity, and RACM requirements for the 1997 8-hour ozone national ambient air quality standard (NAAQS) nonattainment areas classified as moderate and demonstrates further progress in reducing ozone precursors. EPA is proposing to approve the SIP revision pursuant to section 110 and part D of the CAA and EPA's regulations.
Chemical Facility Anti-Terrorism Standards
Document Number: 2010-738
Type: Proposed Rule
Date: 2010-01-15
Agency: Department of Homeland Security
The Department of Homeland Security (DHS or the Department) invites public comment on issues related to certain regulatory provisions in the Chemical Facility Anti-Terrorism Standards (CFATS) that apply to facilities that store gasoline in aboveground storage tanks. In addition, we are withdrawing the version of this document published in the Federal Register, at 75 FR 1552, on January 12, 2010, because the footnotes in that document were misplaced. This document supersedes the January 12 document.
Addition to the List of Validated End-Users in the People's Republic of China (PRC)
Document Number: 2010-725
Type: Rule
Date: 2010-01-15
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to add an entity to the list of validated end-users for the People's Republic of China (PRC) approved to receive exports, reexports and transfers of certain items under Authorization Validated End-User (VEU). Specifically, this rule amends the EAR to add one additional validated end-user and identifies eligible items for export and reexport and transfer (in- country) to one facility in the PRC. In a final rule published in the Federal Register on June 19, 2007, BIS revised and clarified U.S. export control policy for the PRC, establishing Authorization VEU and identifying the PRC as the initial eligible destination.
Subsistence Management Regulations for Public Lands in Alaska-2011-12 and 2012-13 Subsistence Taking of Fish and Shellfish Regulations
Document Number: 2010-688
Type: Proposed Rule
Date: 2010-01-15
Agency: Department of Agriculture, Forest Service, Fish and Wildlife Service, Department of the Interior
This proposed rule would establish regulations for fishing seasons, harvest limits, methods and means related to taking of fish and shellfish for subsistence uses during the 2011-2012 and 2012-2013 regulatory years. The Federal Subsistence Board is presently on a schedule of completing the process of revising subsistence taking of fish and shellfish regulations in odd-numbered years and subsistence taking of wildlife regulations in even-numbered years; public proposal and review processes take place during the preceding year. The Board
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 31
Document Number: 2010-687
Type: Proposed Rule
Date: 2010-01-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this proposed rule to implement Amendment 31 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) prepared by the Gulf of Mexico Fishery Management Council (Council). This proposed rule would implement restrictions applicable to the bottom longline component of the reef fish fishery in the exclusive economic zone (EEZ) of the eastern Gulf of Mexico (Gulf). The proposed restrictions would include a bottom longline endorsement requirement, a seasonal closed area, and a limitation on the number of hooks that could be possessed and fished. The intent of the proposed rule is to balance the continued operation of the bottom longline component of the reef fish fishery in the eastern Gulf while maintaining adequate protective measures for sea turtles.
State Highway-Rail Grade Crossing Action Plans
Document Number: 2010-684
Type: Proposed Rule
Date: 2010-01-15
Agency: Federal Railroad Administration, Department of Transportation
By notice of proposed rulemaking (NPRM) published on November 13, 2009 (74 FR 58589), FRA proposed a rule to require the ten States with the most highway-rail grade crossing collisions, on average, over the past three years, to develop State highway-rail grade crossing action plans. This document announces a public hearing to provide interested parties the opportunity to comment on the NPRM and announces a fourteen (14) day extension of the comment period, which closed December 14, 2009, to commence on the date of the public hearing. The extension provides interested parties the opportunity to comment on the NPRM and to respond to matters that arise at the public hearing related to the NPRM.
Special Conditions: Boeing Model 747-8/-8F Series Airplanes; Design Roll Maneuver Requirement
Document Number: 2010-662
Type: Rule
Date: 2010-01-15
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for the Boeing Model 747- 8/-8F airplane. This airplane will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. These design features include an electronic flight control system that provides roll control of the airplane through pilot inputs to the flight computers. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. Additional special conditions will be issued for other novel or unusual design features of the Boeing 747-8/-8F airplanes.
Special Conditions: Boeing Model 747-8/-8F Airplanes, Systems and Data Networks Security-Protection of Airplane Systems and Data Networks From Unauthorized External Access
Document Number: 2010-661
Type: Rule
Date: 2010-01-15
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for the Boeing Model 747- 8/-8F airplane. This airplane will have novel or unusual design features associated with the architecture and connectivity capabilities of the airplane's computer systems and networks, which may allow access to external computer systems and networks. Connectivity to external systems and networks may result in security vulnerabilities to the airplane's systems. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for these design features. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Approval and Promulgation of Implementation Plans; Kentucky: Approval of Revisions to the State Implementation Plan
Document Number: 2010-587
Type: Rule
Date: 2010-01-15
Agency: Environmental Protection Agency
EPA is correcting the state implementation plan (SIP) for the Commonwealth of Kentucky to remove the ``Potentially hazardous matter or toxic substances'' rule upon request of the Commonwealth of Kentucky made through the Kentucky Division for Air Quality (KDAQ). EPA has determined that this rule401 Kentucky Administrative Regulations (KAR) 63:020was erroneously incorporated into the SIP because the rule is not related to the attainment and maintenance of the national ambient air quality standards (NAAQS). For this reason, EPA is correcting this error and removing this rule from the approved Kentucky SIP pursuant to section 110(k)(6) of the Clean Air Act (CAA). This final rule also
Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits
Document Number: 2010-583
Type: Rule
Date: 2010-01-15
Agency: Pension Benefit Guaranty Corporation, Agencies and Commissions
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 February 2010. Interest assumptions are also published on PBGC's Web site (https://www.pbgc.gov).
Defense Federal Acquisition Regulation Supplement; Business Systems-Definition and Administration (DFARS Case 2009-D038)
Document Number: 2010-392
Type: Proposed Rule
Date: 2010-01-15
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to improve the effectiveness of DoD oversight of contractor business systems.
Continuing Contract for Civil Works Project Managed by the United States Army Corps of Engineers Clauses
Document Number: 2010-379
Type: Proposed Rule
Date: 2010-01-15
Agency: Department of Defense, Department of the Army, Army Department
The U.S. Army Corps of Engineers (USACE) is proposing an interim Continuing Contracts clause for use on specifically authorized Civil Works projects only. This proposal is in response to a recurring statutory provision that requires a change to the clause USACE had previously used.
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