March 19, 2010 – Federal Register Recent Federal Regulation Documents

Airworthiness Directives; The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 Series Airplanes
Document Number: C1-2010-4511
Type: Rule
Date: 2010-03-19
Agency: Federal Aviation Administration, Department of Transportation
IP-Enabled Services
Document Number: 2010-6093
Type: Rule
Date: 2010-03-19
Agency: Federal Communications Commission, Agencies and Commissions
The Commission amended part 63 in order to extend to providers of interconnected Voice over Internet Protocol (VoIP) service the discontinuance obligations that apply to domestic non-dominant telecommunications carriers under section 214 of the Communications Act. The amendments to the rules in Sec. 63.60 required Office of Management and Budget approval and the Commission stated previously in its Federal Register publication that it would announce the effective date of the rules when approved. This document announces the effective date of the rules.
Television Broadcasting Services; Oklahoma City, OK
Document Number: 2010-6092
Type: Rule
Date: 2010-03-19
Agency: Federal Communications Commission, Agencies and Commissions
The Commission grants a petition for rulemaking filed by Griffin Licensing, L.L.C., the licensee of KWTV-DT, channel 9, Oklahoma City, requesting the substitution of channel 39 for channel 9 at Oklahoma City.
Airworthiness Directives; SOCATA Model TBM 700 Airplanes
Document Number: 2010-6091
Type: Proposed Rule
Date: 2010-03-19
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed 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:
Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco To Protect Children and Adolescents
Document Number: 2010-6087
Type: Rule
Date: 2010-03-19
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is reissuing a final rule restricting the sale, distribution, and use of cigarettes and smokeless tobacco. As required by the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act), FDA is issuing a final rule that is identical to the provisions of the final rule on cigarettes and smokeless tobacco published by FDA in 1996, with certain required exceptions. The rule prohibits the sale of cigarettes and smokeless tobacco to individuals under the age of 18 and imposes specific marketing, labeling, and advertising requirements. Elsewhere in this issue of the Federal Register, FDA is issuing an advance notice of proposed rulemaking to obtain information related to the regulation of outdoor advertising of cigarettes and smokeless tobacco.
Request for Comment on Implementation of the Family Smoking Prevention and Tobacco Control Act
Document Number: 2010-6086
Type: Proposed Rule
Date: 2010-03-19
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is issuing this advance notice of proposed rulemaking to obtain information related to the regulation of outdoor advertising of cigarettes and smokeless tobacco. Elsewhere in this issue of the Federal Register, FDA is reissuing a final rule restricting the sale, distribution, and use of cigarettes and smokeless tobacco to protect children and adolescents as required by the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act). FDA has reserved a section of that final rule for future rulemaking on restrictions related to the outdoor advertising of cigarettes and smokeless tobacco. FDA is requesting comments, data, research, or other information on the regulation of outdoor advertising of cigarettes and smokeless tobacco.
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 620 in the Gulf of Alaska
Document Number: 2010-6066
Type: Rule
Date: 2010-03-19
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for pollock in Statistical Area 620 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the B season allowance of the 2010 total allowable catch (TAC) of pollock for Statistical Area 620 in the GOA.
Energy Conservation Program for Consumer Products: Classifying Products as Covered Products
Document Number: 2010-6045
Type: Rule
Date: 2010-03-19
Agency: Department of Energy
Under the Energy Policy and Conservation Act (EPCA), the U.S. Department of Energy (DOE) promulgates a rule to define the term ``household'' and related terms. These definitions provide a basis for DOE to determine whether the household energy use of products not currently covered by EPCA meets the levels required for DOE to classify a product as a ``covered product'' under EPCA; such a classification would mean that DOE potentially could establish energy conservation requirements for the covered product. With the ``household'' definition in place, the Secretary may exercise statutory authority to classify as covered products additional qualifying consumer products beyond the products already specified in EPCA, and set test procedures and efficiency standards for them.
Implantation or Injectable Dosage Form New Animal Drugs; Flunixin
Document Number: 2010-6038
Type: Rule
Date: 2010-03-19
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of an original abbreviated new animal drug application (ANADA) filed by Cross Vetpharm Group Ltd. The ANADA provides for the use of flunixin meglumine injectable solution in swine.
Safety Zone; Lake Mead Intake Construction, Lake Mead, Boulder City, NV
Document Number: 2010-6029
Type: Rule
Date: 2010-03-19
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a safety zone on the navigable waters of Lake Mead in support of the construction project for Lake Mead's Intake 3. This safety zone is necessary to ensure non- authorized personnel and vessels remain safe by keeping clear of the hazardous area during blasting, excavating, and any other general construction work. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port (COTP) or his designated representative.
FM Table of Allotments, Buffalo and Centerville, Texas
Document Number: 2010-6019
Type: Rule
Date: 2010-03-19
Agency: Federal Communications Commission, Agencies and Commissions
The Audio Division grants a rulemaking petition filed by Kaherine Pyeatt, the permittee of Station KKLB(FM), Madisonville, Texas, to substitute FM Channel 278A for vacant Channel 299A at Buffalo, Texas, and Channel 267A for vacant Channel 278A at Centerville, Texas.
FM Table of Allotments, Port Angeles, Washington
Document Number: 2010-6017
Type: Rule
Date: 2010-03-19
Agency: Federal Communications Commission, Agencies and Commissions
The Audio Division grants a rulemaking petition filed by Jodesha Broadcasting, Inc., the licensee of Station KANY(FM), Ocean Shores, Washington, and the permittee of Station KSWW(FM), Montesano, Washington, to substitute FM Channel 271A for vacant Channel 229A at Port Angeles, Washington.
Native American Housing Assistance and Self-Determination Reauthorization Act of 2008: Negotiated Rulemaking Committee Meeting
Document Number: 2010-6003
Type: Proposed Rule
Date: 2010-03-19
Agency: Department of Housing and Urban Development
This document announces a meeting of the negotiated rulemaking committee that was established pursuant to the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008. The primary purpose of the committee is to discuss and negotiate a proposed rule that would change the regulations for the Indian Housing Block Grant (IHBG) program and the Title VI Loan Guarantee program.
Funds Received in Response to Solicitations; Allocation of Expenses by Separate Segregated Funds and Nonconnected Committees
Document Number: 2010-6002
Type: Rule
Date: 2010-03-19
Agency: Federal Election Commission, Agencies and Commissions
The Federal Election Commission (``Commission'') is removing its rule regarding funds received in response to solicitations. The Commission is also removing two additional rules regarding the allocation of certain expenses by separate segregated funds and nonconnected committees. The United States District Court for the District of Columbia ordered that these rules are vacated, in accordance with a Court of Appeals decision. Further information is provided in the supplementary information that follows.
Federal Acquisition Regulation; Federal Acquisition Circular 2005-39; Small Entity Compliance Guide
Document Number: 2010-5993
Type: Rule
Date: 2010-03-19
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
This document is issued under the joint authority of the Secretary of Defense, the Administrator of General Services and the Administrator of the National Aeronautics and Space Administration. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of rules appearing in Federal Acquisition Circular (FAC) 2005-39 which amend the Federal Acquisition Regulation (FAR). Interested parties may obtain further information regarding these rules by referring to FAC 2005-39 which precedes this document. These documents are also available via the Internet at http:/ /www.regulations.gov.
Federal Acquisition Regulation; Technical Amendment
Document Number: 2010-5992
Type: Rule
Date: 2010-03-19
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
This document makes an amendment to the Federal Acquisition Regulation in order to make an editorial change.
Federal Acquisition Regulation; FAR Case 2008-015, Payments Under Fixed-Price Architect-Engineer Contracts
Document Number: 2010-5991
Type: Rule
Date: 2010-03-19
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to revise the withholding of payment requirements under FAR 52.232-10. This FAR change was initiated by the Small Business Administration (SBA) Advocacy Office and is a part of the SBA, Office of Advocacy's Regulatory Review and Reform Initiative, or r3 initiative. The r3
Federal Acquisition Regulation; FAR Case 2008-036, Trade Agreements-Costa Rica, Oman, and Peru
Document Number: 2010-5990
Type: Rule
Date: 2010-03-19
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) have adopted as final, without change, an interim rule amending the Federal Acquisition Regulation (FAR) to implement the Dominican RepublicCentral America United States Free Trade Agreement with respect to Costa Rica, the United States-Oman Free Trade Agreement, and the United States-Peru Trade Promotion Agreement.
Federal Acquisition Regulation; FAR Case 2008-006, Enhanced Competition for Task- and Delivery-Order Contracts-Section 843 of the Fiscal Year 2008 National Defense Authorization Act
Document Number: 2010-5989
Type: Rule
Date: 2010-03-19
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have adopted as final with changes the interim rule amending the Federal Acquisition Regulation (FAR) to implement Section 843, Enhanced Competition for Task and Delivery Order Contracts, of the National Defense Authorization Act (NDAA) for Fiscal Year 2008 (FY08) (Pub. L. 110-181). Section 843 of the FY08 NDAA stipulates several requirements regarding enhancing competition within Federal contracting.
Federal Acquisition Regulation; FAR Case 2008-040, Use of Standard Form 26 - Award/Contract
Document Number: 2010-5987
Type: Rule
Date: 2010-03-19
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to revise FAR parts 15 and 53 instructions for use of the Standard Form (SF) 26 to strengthen the prohibition against using block 18 of the form when awarding a negotiated procurement and emphasize that block 18 should only be checked when awarding a sealed bid contract. In addition, the final sentence of the current FAR 53.214 is being amended because the updated SF 26 was issued in April 2008, making the sentence unnecessary.
Federal Acquisition Regulation; FAR Case 2008-012, Clarification of Submission of Cost or Pricing Data on Non-Commercial Modifications of Commercial Items
Document Number: 2010-5986
Type: Rule
Date: 2010-03-19
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have adopted as final, with minor changes, an interim rule which amended the Federal Acquisition Regulation (FAR) to implement section 814 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2008. Section 814 required the harmonization of the thresholds for cost or pricing data. Specifically, section 814 required alignment of the threshold for cost or pricing data on non-commercial modifications of commercial items with the Truth In Negotiation Act (TINA) threshold for cost or pricing data.
Federal Acquisition Regulation; FAR Case 2009-035, Extend Use of Simplified Acquisition Procedures for Certain Commercial Items
Document Number: 2010-5985
Type: Rule
Date: 2010-03-19
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to revise subpart 13.5, ``Test Program for Certain Commercial Items,'' to implement section 816 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2010 (Pub. L. 111-84). The rule extends the program for two more years. The program was to expire January 1, 2010.
Federal Acquisition Regulation; Federal Acquisition Circular 2005-39; Introduction
Document Number: 2010-5984
Type: Rule
Date: 2010-03-19
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) in this Federal Acquisition Circular (FAC) 2005-39. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at https://www.regulations.gov.
Special Conditions: McCauley Propeller Systems, Model Propeller 3D15C1401/C80MWX-X
Document Number: 2010-5902
Type: Proposed Rule
Date: 2010-03-19
Agency: Federal Aviation Administration, Department of Transportation
The FAA is withdrawing a previously published notice that proposed special conditions for McCauley Propeller Systems for model propeller 3D15C1401/C80MWX-X. We are withdrawing the notice in response to McCauley Propeller Systems notification to cancel the application for certification.
Nondisplacement of Qualified Workers Under Service Contracts
Document Number: 2010-5781
Type: Proposed Rule
Date: 2010-03-19
Agency: Office of the Secretary, Department of Labor
This document proposes regulations to implement Executive Order 13495, Nondisplacement of Qualified Workers Under Service Contracts, signed by President Obama on January 30, 2009. The Executive Order establishes a general policy of the Federal Government that service contracts and solicitations for such contracts shall include a clause that requires the contractor, and its subcontractors, under a contract that succeeds a contract for performance of the same or similar services at the same location, to offer those employees employed under the predecessor contract whose employment will be terminated as a result of the award of the successor contract, a right of first refusal of employment under the contract in positions for which they are qualified. The Executive Order also directs the Department of Labor (DOL), in consultation with the Federal Acquisition Regulatory Council (FARC), to issue regulations, within 180 days of the date of the Order to the extent permitted by law, to implement the requirements of this Order. The Regulatory Information Number (RIN) identified for this rulemaking will change with publication of the Spring Regulatory Agenda due to an organizational restructuring. The old RIN was assigned to the Employment Standards Administration, which no longer exists; a new RIN has been assigned to the Wage and Hour Division.
Processed Raspberry Promotion, Research, and Information Order; Delay of Referendum
Document Number: 2010-5757
Type: Proposed Rule
Date: 2010-03-19
Agency: Agricultural Marketing Service, Department of Agriculture
This action delays indefinitely the referendum to determine whether producers of raspberries for processing and importers of processed raspberries approve the issuance of the proposed Processed Raspberry Promotion, Research, and Information Order. The referendum was scheduled to be held March 22 through April 2, 2010. The Washington Red Raspberry Commission has asked for a delay in the referendum as it considers further modifications to its proposal.
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