March 18, 2010 – Federal Register Recent Federal Regulation Documents

Reader Aids
Document Number: FR-2010-03-18-ReaderAids
Type: Reader Aids
Date: 2010-03-18
Procedures for Transportation Workplace Drug and Alcohol Testing Programs
Document Number: C1-2010-3731
Type: Rule
Date: 2010-03-18
Agency: Office of the Secretary, Department of Transportation
Sunshine Act Meeting
Document Number: 2010-6135
Type: Notice
Date: 2010-03-18
Agency: Commission on Civil Rights, Civil Rights Commission, Agencies and Commissions
Sunshine Act Meetings
Document Number: 2010-6133
Type: Notice
Date: 2010-03-18
Agency: Consumer Product Safety Commission, Agencies and Commissions
Sunshine Act Meetings
Document Number: 2010-6132
Type: Notice
Date: 2010-03-18
Agency: Consumer Product Safety Commission, Agencies and Commissions
National Science Board; Sunshine Act Meetings; Notice
Document Number: 2010-6039
Type: Notice
Date: 2010-03-18
Agency: National Science Foundation, Agencies and Commissions
National Center For Complementary and Alternative Medicine; Notice of Closed Meeting
Document Number: 2010-6001
Type: Notice
Date: 2010-03-18
Agency: Department of Health and Human Services, National Institutes of Health
Endangered and Threatened Wildlife and Plants: Threatened Status for Southern Distinct Population Segment of Eulachon
Document Number: 2010-5996
Type: Rule
Date: 2010-03-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, the NMFS, issue a final determination to list the southern Distinct Population Segment (DPS) of Pacific eulachon (Thaleichthys pacificus; hereafter ``eulachon'') as a threatened species under the Endangered Species Act (ESA). We intend to consider protective regulations and critical habitat for this DPS in separate rulemaking.
Listing Endangered and Threatened Species; Initiation of 5-Year Reviews for 27 Evolutionarily Significant Units and Distinct Population Segments of Pacific Salmon and Steelhead
Document Number: 2010-5994
Type: Notice
Date: 2010-03-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, NMFS, announce 5-year reviews of 16 evolutionarily significant units (ESUs) of Pacific salmon (Oncorhynchus sp.) and 11 distinct population segments (DPSs) of steelhead (Oncorhynchus mykiss) under the Endangered Species Act of 1973, as amended (ESA). The purpose of the review is to ensure the accuracy of the listing classifications of these salmonids. On June 28, 2005, NMFS issued final listing determinations for 16 ESUs of Pacific salmon and on January 5, 2006 for ten DPSs of steelhead. We will also complete a 5-year review of Puget Sound steelhead listed on May 11, 2007. The 5-year reviews will be based on the best scientific and commercial data available at the time of the reviews; therefore, we request submission of any such information on these ESUs and DPSs that has become available since the listing determinations in 2005, 2006, and 2007. Based on the results of these 5-year reviews, we will make the requisite determinations under the ESA.
Regulations to Amend the Civil Procedures
Document Number: 2010-5988
Type: Proposed Rule
Date: 2010-03-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This rule amends the procedures governing NOAA's administrative proceedings for the assessment of civil penalties; suspension, revocation, modification, or denial of permits; issuance and use of written warnings; and release or forfeiture of seized property. The principal change removes the requirement that an Administrative Law Judge state good reason(s) for departing from the civil penalty or permit sanction assessed by NOAA in its charging document. This revision eliminates any presumption in favor of the civil penalty or permit sanction assessed by NOAA. The other change corrects a clerical error in a citation to rules pertaining to protective orders issued by Administrative Law Judges.
Endangered and Threatened Species; Notice of Intent to Prepare a Recovery Plan for Central California Coast Coho Salmon
Document Number: 2010-5983
Type: Notice
Date: 2010-03-18
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that the Draft Recovery Plan for Central California Coast coho salmon (Draft Plan) is available for public
Regional Collaborative for the Pacific Basin (RCPB) Cooperative Agreement
Document Number: 2010-5981
Type: Notice
Date: 2010-03-18
Agency: Department of Health and Human Services, Health Resources and Services Administration
HRSA will be providing supplemental funds to support activities for a regional Pacific Primary Care Organization to represent the six U.S.-affiliated Pacific Basin jurisdictions. The supplemental funds will be used to augment the grantee's current
Presumptions of Service Connection for Persian Gulf Service
Document Number: 2010-5980
Type: Proposed Rule
Date: 2010-03-18
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) is proposing to amend its adjudication regulations concerning presumptive service connection for certain diseases. This proposed amendment is necessary to implement a decision of the Secretary of Veterans Affairs that there is a positive association between service in Southwest Asia during certain periods and the subsequent development of certain infectious diseases. The intended effect of this proposed amendment is to establish presumptive service connection for these diseases and to provide guidance regarding long-term health effects associated with these diseases.
Proposed Waivers for the Comprehensive Centers Program and Funding of Continuation Grants
Document Number: 2010-5978
Type: Notice
Date: 2010-03-18
Agency: Department of Education
The Secretary proposes to waive the requirements in 34 CFR 75.250 and 75.261(c)(2) of the Education Department General Administrative Regulations (EDGAR) that, respectively, generally prohibit project periods exceeding five years and project period extensions involving the obligation of additional Federal funds. The proposed waivers would enable the 21 current eligible grantees under the Comprehensive Centers program to continue to receive Federal funding beyond the five-year limitation contained in 34 CFR 75.250.
Office of Special Education and Rehabilitative Services; List of Correspondence
Document Number: 2010-5977
Type: Notice
Date: 2010-03-18
Agency: Department of Education
The Secretary is publishing the following list pursuant to section 607(f) of the Individuals with Disabilities Education Act (IDEA). Under section 607(f) of the IDEA, the Secretary is required, on a quarterly basis, to publish in the Federal Register a list of correspondence from the U.S. Department of Education (Department) received by individuals during the previous quarter that describes the interpretations of the Department of the IDEA or the regulations that implement the IDEA.
Office of Special Education and Rehabilitative Services Overview Information; National Institute on Disability and Rehabilitation Research (NIDRR)-Disability and Rehabilitation Research Projects and Centers Program-Advanced Rehabilitation Research Training (ARRT) Projects
Document Number: 2010-5975
Type: Notice
Date: 2010-03-18
Agency: Department of Education
On December 11, 2009, we published in the Federal Register (74 FR 65765-65769) a notice inviting applications for the Advanced Rehabilitation Research Training Projects FY 2010 competition. The notice established a February 9, 2010 deadline date for eligible applicants to apply for funding under this program.
Submission for OMB Review; Comment Request
Document Number: 2010-5974
Type: Notice
Date: 2010-03-18
Agency: Department of Education
The Acting Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.
Lead-Based Paint Renovation, Repair and Painting Activities in Target Housing and Child Occupied Facilities; State of Iowa. Notice of Self-Certification Program Authorization, Request for Public Comment, Opportunity for Public Hearing
Document Number: 2010-5967
Type: Notice
Date: 2010-03-18
Agency: Environmental Protection Agency
This notice announces that on January 19, 2010, the State of Iowa was deemed authorized under section 404(a) of the Toxic Substances Control Act (TSCA), 15 U.S.C. 2684(a), and 40 CFR 745.324(d)(2), to administer and enforce requirements for a renovation, repair and painting program in accordance with section 402(c)(3) of TSCA, 15 U.S.C. 2682(c)(3). This notice also announces that EPA is seeking comment during a 45-day public comment period, and is providing an opportunity to request a public hearing within the first 15 days of this comment period, on whether Iowa's program is at least as protective as the Federal program and provides for adequate enforcement. This notice also announces that the authorization of the Iowa 402(c)(3) program, which was deemed authorized by regulation and statute on January 19, 2010, will continue without further notice unless EPA, based on its own review and/or comments received during the comment period, disapproves the Iowa program application on or before July 19, 2010.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition to List the Berry Cave Salamander as Endangered
Document Number: 2010-5966
Type: Proposed Rule
Date: 2010-03-18
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce a 90-day finding on a petition to list the Berry Cave salamander (Gyrinophilus gulolineatus) as endangered under the Endangered Species Act of 1973, as amended. Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing this species may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of the species to determine if listing the Berry Cave salamander is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding this species. Based on the status review, we will issue a 12-month finding
Approval and Promulgation of Implementation Plans; Idaho
Document Number: 2010-5965
Type: Proposed Rule
Date: 2010-03-18
Agency: Environmental Protection Agency
EPA is proposing to approve numerous revisions to the Idaho State Implementation Plan (SIP) that were submitted to EPA by the State of Idaho on May 22, 2003, April 2, 2004, July 13, 2005, May 5, 2006, April 16, 2007, May 12, 2008, and June 8, 2009. The revisions were submitted in accordance with the requirements of section 110 and part D of the Clean Air Act (hereinafter the Act or CAA). EPA is taking no action in this rulemaking on a number of submitted rule revisions that are unrelated to the purposes of the implementation plan.
National Emission Standards for Hazardous Air Pollutants for Area Sources: Asphalt Processing and Asphalt Roofing Manufacturing; Technical Correction
Document Number: 2010-5964
Type: Rule
Date: 2010-03-18
Agency: Environmental Protection Agency
On December 2, 2009, EPA promulgated national emissions standards for the control of emissions of Hazardous Air Pollutants (HAP) from the asphalt processing and asphalt roofing manufacturing area source category (74 FR 63236). Following signature of this final rule, EPA discovered three inadvertent typographical errors in the numbering of paragraphs and is correcting those errors in this action.
Privacy Act of 1974; System of Records
Document Number: 2010-5963
Type: Notice
Date: 2010-03-18
Agency: Office of the Secretary, Department of Defense
The Office of the Secretary of Defense proposes to alter a system of records in its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
Privacy Act of 1974; System of Records
Document Number: 2010-5962
Type: Notice
Date: 2010-03-18
Agency: Office of the Secretary, Department of Defense
The Defense Information Systems Agency is proposing to add a system of records to its inventory of records system subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.
Privacy Act of 1974; System of Records
Document Number: 2010-5961
Type: Notice
Date: 2010-03-18
Agency: Department of Defense, Department of the Army, Army Department
Department of the Army is proposing to alter a system of records notices in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.
Renewal of Department of Defense Federal Advisory Committee; Defense Acquisition University Board of Visitors
Document Number: 2010-5960
Type: Notice
Date: 2010-03-18
Agency: Office of the Secretary, Department of Defense
Under the provisions of Public Law 101-510, the Federal Advisory Committee Act of 1972, (5 U.S.C. Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.50(c), the Department of Defense gives notice that it is renewing the charter for the Defense Acquisition University Board of Visitors (hereafter referred to as the Board).
Privacy Act of 1974; Systems of Records
Document Number: 2010-5959
Type: Notice
Date: 2010-03-18
Agency: Office of the Secretary, Department of Defense
The Defense Intelligence Agency proposes to amend a system of records notice of its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
Pet Spot-On Analysis and Mitigation Plan Available for Public Comment; Notice of Availability
Document Number: 2010-5957
Type: Notice
Date: 2010-03-18
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency is announcing the availability of its analysis of the data collected as a result of the Agency's awareness of increasing numbers of incidents associated with registered pet spot-on products to control fleas and ticks and a mitigation plan. The analysis consists of a Technical Review Document and Data Evaluation Records for pet spot-on products. The Agency is requesting comment on the necessary mitigation, including how best to effectively implement these measures.
Science Advisory Board Staff Office; Notification of a Public Meeting of the Science Advisory Board; Environmental Engineering Committee Augmented for the Evaluation and Comment on EPA's Proposed Research Approach for Studying the Potential Relationships Between Hydraulic Fracturing and Drinking Water Resources
Document Number: 2010-5956
Type: Notice
Date: 2010-03-18
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office announces a public face-to-face meeting of the SAB Environmental Engineering Committee (EEC). The SAB EEC, augmented with other SAB members, will evaluate and comment on EPA's proposed approach to study the potential public health and environmental protection issues that may be associated with hydraulic fracturing.
Privacy Act of 1974; System of Records
Document Number: 2010-5955
Type: Notice
Date: 2010-03-18
Agency: Office of the Secretary, Department of Defense
The Office of the Secretary of Defense proposes to add a system of records to its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
Privacy Act of 1974; System of Records
Document Number: 2010-5954
Type: Notice
Date: 2010-03-18
Agency: Department of Defense, Department of the Air Force, Air Force Department
The Department of the Air Force is proposing to alter a system of records notice in its existing inventory of records systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.
Privacy Act of 1974; System of Records
Document Number: 2010-5953
Type: Notice
Date: 2010-03-18
Agency: Department of Defense, Department of the Army, Army Department
Department of the Army proposes to alter a system of records notices in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.
Privacy Act of 1974; System of Records
Document Number: 2010-5952
Type: Notice
Date: 2010-03-18
Agency: Department of Defense, Department of the Air Force, Air Force Department
The Department of the Air Force proposes to add a system of records to its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
Center for Scientific Review; Notice of Closed Meeting
Document Number: 2010-5951
Type: Notice
Date: 2010-03-18
Agency: Department of Health and Human Services, National Institutes of Health
National Institutes of Health Guidelines for Human Stem Cell Research
Document Number: 2010-5948
Type: Notice
Date: 2010-03-18
Agency: Department of Health and Human Services, National Institutes of Health
The National Institutes of Health (NIH) is extending the public comment period on a revision to the definition of human embryonic stem cells (hESCs) in the ``National Institutes of Health Guidelines for Human Stem Cell Research'' (Guidelines). Due to a technical problem, comments entered in the Web site between 11:59 p.m. EST on February 28, 2010, through 8 a.m. EST on March 2, 2010, were not received by the agency and should be re-entered in order to be considered.
Proposed Collection; Comment Request
Document Number: 2010-5947
Type: Notice
Date: 2010-03-18
Agency: Securities and Exchange Commission, Agencies and Commissions
Regulation of the Interstate Movement of Lemons from Areas Quarantined for Mediterranean Fruit Fly
Document Number: 2010-5945
Type: Rule
Date: 2010-03-18
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the list of regulated articles in our domestic fruit fly quarantine regulations. The regulations have indicated that smooth-skinned lemons (all varieties of Citrus limon) harvested for packing by commercial packinghouses are not regulated articles for Mediterranean fruit fly. We are amending the regulations to designate all yellow lemons as regulated articles. This change is based on research indicating that, under certain conditions, yellow lemons are a host for Mediterranean fruit fly. As a result of this action, yellow lemons in an area quarantined for Mediterranean fruit fly will be subject to certain interstate movement restrictions in order to prevent the spread of that pest into uninfested areas of the United States.
Privacy Act of 1974; Altered System of Records
Document Number: 2010-5943
Type: Notice
Date: 2010-03-18
Agency: Department of Commerce
In accordance with the Privacy Act of 1974, as amended, Title 5 United States Code (U.S.C.) 552A(e)(4) and (11); and Office of Management and Budget (OMB) Circular A-130, Appendix I, ``Federal Agency Responsibilities for Maintaining Records About Individuals,'' the Department of Commerce is issuing notice of intent to update the system of records titled COMMERCE/CENSUS-5, Population and Housing Census Records of the 2000 Census Including Preliminary Statistics for the 2010 Decennial Census, by combining the system of records under COMMERCE/CENSUS-10 American Community Survey with the updated COMMERCE/ CENSUS-5 Population and Housing Census Records of the 2000 Census Including Preliminary Statistics for the 2010 Decennial Census system and renaming the newly combined system notice to COMMERCE/CENSUS-5, Decennial Census Program. Accordingly, the COMMERCE/CENSUS-5, Population and Housing Census Records of the 2000 Census Including Preliminary Statistics for the 2010 Decennial Census system notice published in the Federal Register on February 21, 2006 (71 FR 8839) is amended as below. The system of records entitled COMMERCE/CENSUS-10, American Community Survey, published in the Federal Register on January 17, 2007 (72 FR1979), will be abolished upon final publication of the Federal Register notice for the newly amended and renamed system of records entitled COMMERCE/CENSUS-5, Decennial Census Program. We invite public comment on the system amendment announced in this publication.
Agency Information Collection Activities: Proposed Information Collection; Comment Request
Document Number: 2010-5942
Type: Notice
Date: 2010-03-18
Agency: Office of the Comptroller of the Currency, Department of Treasury, Department of the Treasury, Comptroller of the Currency
The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on a continuing information collection, as required by the Paperwork Reduction Act of 1995. An agency may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The OCC is soliciting comment concerning an extension of OMB approval of the information collection titled, ``Disclosure of Financial and Other Information by National Banks (12 CFR 18).''
Proposed Data Collections Submitted for Public Comment and Recommendations
Document Number: 2010-5941
Type: Notice
Date: 2010-03-18
Agency: Centers for Disease Control and Prevention, Department of Health and Human Services
Airworthiness Directives; The Boeing Company Model 747-200C, -200F, -400, -400D, and -400F Series Airplanes
Document Number: 2010-5940
Type: Proposed Rule
Date: 2010-03-18
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Model 747-200C, -200F, -400, - 400D, and -400F series airplanes. The existing AD currently requires repetitive inspections for cracks in the overlapping (upper) skin, upper fastener row of the lap joints of the fuselage skin in sections 41, 42, and 46; and related investigative and corrective actions, if necessary. This proposed AD would expand the inspection area in the existing AD, and add a modification of certain lap joints and certain post-repair inspections of the lap joints. Accomplishing the modification would end the repetitive inspections required by the existing AD for the length of lap joint that is modified. This proposed AD results from a structural review of affected skin lap joints for widespread fatigue damage. We are proposing this AD to prevent fatigue cracking in certain lap joints, which could result in rapid depressurization of the airplane.
Notice of Request for Extension and Revision of a Currently Approved Information Collection
Document Number: 2010-5938
Type: Notice
Date: 2010-03-18
Agency: Office of the Secretary, Department of Agriculture
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces the U.S. Department of Agriculture, National Appeals Division's to request an extension for and revision to a currently approved information collection for Customer Service Survey.
Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to the General Electric Company From the Department of Energy Residential Clothes Dryer Test Procedure (Case No. CD-004)
Document Number: 2010-5937
Type: Notice
Date: 2010-03-18
Agency: Department of Energy, Office of Energy Efficiency and Renewable Energy, Energy Efficiency and Renewable Energy Office
The U.S. Department of Energy (DOE) gives notice of the decision and order (Case No. CD-004) that grants to the General Electric Co. (GE) a waiver from the DOE clothes dryer test procedure. The waiver request pertains to GE's specified models of condensing residential clothes dryer. The existing test procedure does not apply to condensing clothes dryers. Under today's decision and order, GE shall be not be required to test and rate its specified models of condensing residential clothes dryer.
Energy Conservation Program for Consumer Products: Representative Average Unit Costs of Energy
Document Number: 2010-5936
Type: Notice
Date: 2010-03-18
Agency: Department of Energy, Office of Energy Efficiency and Renewable Energy, Energy Efficiency and Renewable Energy Office
In this notice, the U.S. Department of Energy (DOE) is forecasting the representative average unit costs of five residential energy sources for the year 2010 pursuant to the Energy Policy and Conservation Act. The five sources are electricity, natural gas, No. 2 heating oil, propane, and kerosene.
Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to Samsung Electronics America, Inc. From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedure (Case No. RF-011)
Document Number: 2010-5935
Type: Notice
Date: 2010-03-18
Agency: Department of Energy, Office of Energy Efficiency and Renewable Energy, Energy Efficiency and Renewable Energy Office
The U.S. Department of Energy (DOE) gives notice of the decision and order (Case No. RF-011) that grants to Samsung Electronics America, Inc. (Samsung) a waiver from the DOE electric refrigerator and refrigerator-freezer test procedure for certain basic models containing relative humidity sensors and adaptive control anti-sweat heaters. Under today's decision and order, Samsung shall be required to test and rate its refrigerator-freezers with adaptive control anti-sweat heaters according to an alternate test procedure that takes this technology into account when measuring energy consumption.
Energy Conservation Program for Certain Industrial Equipment: Publication of the Petition for Waiver From Sanyo North America Corp. and Granting of the Interim Waiver From the Department of Energy Commercial Package Air Conditioner and Heat Pump Test Procedures
Document Number: 2010-5934
Type: Notice
Date: 2010-03-18
Agency: Department of Energy, Energy Efficiency and Renewable Energy, Energy Efficiency and Renewable Energy Office
This notice announces receipt of and publishes a petition for waiver from Sanyo North America Corp. (Sanyo). The petition for waiver (hereafter ``petition'') requests a waiver from the U.S. Department of Energy (DOE) test procedure applicable to commercial package air-source and water-source central air conditioners and heat pumps. The petition is specific to the Sanyo variable capacity ECO-i (commercial) multi- split heat pumps. Through this document, DOE: (1) Solicits comments, data, and information with respect to the Sanyo petition; and (2) announces the grant of an interim waiver to Sanyo from the existing DOE test procedure for the subject commercial multi-split air conditioners and heat pumps.
Formations of, Acquisitions by, and Mergers of Bank Holding Companies
Document Number: 2010-5933
Type: Notice
Date: 2010-03-18
Agency: Federal Reserve System, Agencies and Commissions
Native American Graves Protection and Repatriation Review Committee: Nomination Solicitation
Document Number: 2010-5932
Type: Notice
Date: 2010-03-18
Agency: Department of the Interior, National Park Service
General Services Administration Acquisition Regulation; Submission for OMB Review; GSA Advantage!® and Electronic Commerce-FACNET
Document Number: 2010-5931
Type: Notice
Date: 2010-03-18
Agency: General Services Administration, Agencies and Commissions
Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the General Services Administration will be submitting to the Office of Management and Budget (OMB) a request to review and approve a new information collection requirement regarding GSA Advantage![reg] and Electronic Commerce-FACNET. A request for public comments was published in the Federal Register at 74 FR 4596, January 26, 2009. No comments were received.
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