March 30, 2010 – Federal Register Recent Federal Regulation Documents

Suspension of Community Eligibility
Document Number: C1-2010-6632
Type: Rule
Date: 2010-03-30
Agency: Federal Emergency Management Agency, Department of Homeland Security
Federal Motor Vehicle Safety Standards; Air Brake Systems
Document Number: 2010-7132
Type: Rule
Date: 2010-03-30
Agency: National Highway Traffic Safety Administration, Department of Transportation
In July 2009, NHTSA published a final rule that amended the Federal motor vehicle safety standard for air brake systems by requiring substantial improvements in stopping distance performance. In November 2009, the agency published a final rule that provided a partial response to petitions for reconsideration of the earlier rule. Today's document corrects errors in the November 2009 final rule.
New Animal Drugs for Use in Animal Feeds
Document Number: 2010-7095
Type: Rule
Date: 2010-03-30
Agency: Food and Drug Administration, Department of Health and Human Services
Consolidated Returns; Intercompany Obligations
Document Number: 2010-7094
Type: Rule
Date: 2010-03-30
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
Employment Taxes and Collection of Income Tax at Source
Document Number: 2010-7093
Type: Rule
Date: 2010-03-30
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
Exclusions From Gross Income of Foreign Corporations
Document Number: 2010-7092
Type: Rule
Date: 2010-03-30
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
Federal Motor Vehicle Safety Standards; Theft Protection and Rollaway Prevention
Document Number: 2010-7078
Type: Rule
Date: 2010-03-30
Agency: National Highway Traffic Safety Administration, Department of Transportation
Pursuant to a statutory mandate in the Cameron Gulbransen Kids Transportation Safety Act of 2007, NHTSA is placing a requirement in Federal Motor Vehicle Safety Standard No. 114 that certain motor vehicles with an automatic transmission that includes a ``park'' position manufactured for sale on or after September 1, 2010 be equipped with a brake transmission shift interlock (BTSI). This interlock must necessitate that the service brake pedal be depressed before the transmission can be shifted out of ``park,'' and must function in any starting system key position. The BTSI requirement adopted by this final rule is identical in substance to the Congressional requirement.
Proposed Amendment to and Establishment of Restricted Areas and Other Special Use Airspace; Razorback Range Airspace Complex, AR
Document Number: 2010-7075
Type: Proposed Rule
Date: 2010-03-30
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to restructure the restricted areas and other special use airspace (SUA) located in the vicinity of Fort Chaffee, AR. The Air National Guard (ANG) requested these modifications to the Razorback Range Airspace Complex, by establishing two new restricted areas, renaming an existing restricted area, and amending the boundaries section of the legal description of the Hog High North military operation area (MOA) that is contained in the airspace complex. Unlike restricted areas which are designated under Title 14 Code of Federal Regulations (14 CFR) part 73, MOAs are not rulemaking airspace actions. However, since the proposed R-2402B infringes on the Hog High North MOA, the FAA is including a discussion of the Hog High North MOA change in this NPRM. The ANG requested these airspace changes to permit more realistic aircrew training in modern tactics to be conducted in the Razorback Range Airspace Complex and to enable more efficient use of the National Airspace System (NAS).
Revision of the Requirements for Constituent Materials
Document Number: 2010-7073
Type: Proposed Rule
Date: 2010-03-30
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is proposing to amend the biologics regulations to permit the Director of the Center for Biologics Evaluation and Research (CBER) or the Director of the Center for Drug Evaluation and Research (CDER), as appropriate, to approve exceptions or alternatives to the regulation for constituent materials. FDA is taking this action due to advances in developing and manufacturing safe, pure, and potent biological products licensed under a section of the Public Health Service Act (the PHS Act) that, in some instances, render the existing constituent materials regulation too prescriptive and unnecessarily restrictive. This rule provides manufacturers of licensed biological products with flexibility, as appropriate, to employ advances in science and technology as they become available, without diminishing public health protections.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management Measures
Document Number: 2010-7064
Type: Proposed Rule
Date: 2010-03-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this proposed rule that would implement a regulatory amendment 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 increase the commercial and recreational quotas for red snapper and provide an estimated closure date for the 2010 recreational red snapper component of the Gulf of Mexico (Gulf) reef fish fishery. The intended effect of the proposed rule is to help achieve optimum yield (OY) by relaxing red snapper harvest limitations consistent with the findings of the recent stock assessment for this species.
Airworthiness Directives; Turbomeca Astazou XIV B and XIV H Turboshaft Engines
Document Number: 2010-7055
Type: Proposed Rule
Date: 2010-03-30
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) issued 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: Investigation of an uncommanded in-flight shutdown (IFSD) revealed that a third stage turbine wheel rupture was not contained by the turbine casings. The released portion consisted of a turbine blade together with the rim piece immediately below the blade. The rim piece was bounded by two adjacent axial slots and a fatigue crack that had developed between the holes in which the slots terminate. The slots and holes, which are closed by riveted plugs, were introduced by modification AB 173 in order to improve the vibration characteristics of the turbine wheel. Modification AB 208 brings an improvement to modification AB 173 by changing only the riveting detail. SN 283 72 0805 provides instructions for re-boring the holes at overhaul or repair in order to improve their surface condition. A manufacturing process modification has been introduced to improve the surface condition of these holes in third stage turbine wheels. Wheels subject to the improved manufacturing process have S/Ns outside the range specified in Table 1. Although there is only one known event, and although it resulted only in an uncommanded IFSD, with no damage to the aircraft, the possibility exists that additional events may occur, potentially involving damage to the aircraft.
Requirements for Control Technology Determinations for Major Sources in Accordance With Clean Air Act Sections, Sections 112(g) and 112(j)
Document Number: 2010-7041
Type: Proposed Rule
Date: 2010-03-30
Agency: Environmental Protection Agency
We are proposing to amend the rule governing case-by-case emission limits for major sources of hazardous air pollutants under section 112(j) of the Clean Air Act. Specifically, we are proposing revisions to the section 112(j) rule to clarify and streamline the process for establishing case-by-case emission limits in the case of the complete vacatur of a section 112(d) rule applicable to a major source category initially listed pursuant to section 112(c)(1). In addition, we are also proposing revisions that would eliminate provisions of the section 112(j) rule that have become obsolete or are redundant.
Certification of Aircraft and Airmen for the Operation of Light-Sport Aircraft; Modifications to Rules for Sport Pilots and Flight Instructors With a Sport Pilot Rating; Correction
Document Number: 2010-7039
Type: Rule
Date: 2010-03-30
Agency: Federal Aviation Administration, Department of Transportation
The FAA is correcting a final rule published on February 1, 2010. In that rule, the FAA amended its regulations for sport pilots
Hazardous Materials Transportation; Registration and Fee Assessment Program
Document Number: 2010-7035
Type: Rule
Date: 2010-03-30
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
PHMSA is amending the statutorily mandated registration and fee assessment program for persons who transport, or offer for transportation, certain categories and quantities of hazardous materials. For those registrants not qualifying as a small business or not-for-profit organization, PHMSA is increasing the annual fee from $975 (plus a $25 administrative fee) to $2,575 (plus a $25 administrative fee) for registration year 2010-2011 and following years. The increase is necessary to fund the national Hazardous Materials Emergency Preparedness (HMEP) grants program at approximately $28,300,000 in accordance with the Administration's Fiscal Year 2010 budget and proposed Fiscal Year 2011 budget.
Airworthiness Directives; Cessna Aircraft Company Model 525A Airplanes
Document Number: 2010-7024
Type: Proposed Rule
Date: 2010-03-30
Agency: Federal Aviation Administration, Department of Transportation
We propose to supersede Airworthiness Directive (AD) 2009-24- 13, which applies to certain Cessna Aircraft Company (Cessna) Model 525A airplanes. AD 2009-24-13 currently requires you to repetitively inspect the thrust attenuator paddle assemblies for loose and damaged fasteners and for cracks. AD 2009-24-13 also requires you to replace loose or damaged fasteners and replace cracked thrust attenuator paddles found during any inspection. Since we issued AD 2009-24-13, Cessna has developed new design thrust attenuator paddles and universal head rivets as terminating action for the repetitive inspections. Consequently, this proposed AD would retain the requirements of AD 2009-24-13 until replacement of both thrust attenuator paddles and the eight countersunk fasteners with new design thrust attenuator paddles and universal head rivets. We are proposing this AD to detect and correct loose and damaged fasteners and cracks in the thrust attenuator paddles, which could result in in-flight departure of the thrust attenuator paddles. This failure could lead to rudder and elevator damage and result in loss of control.
Safety Zone; United Portuguese SES Centennial Festa, San Diego Bay, San Diego, CA
Document Number: 2010-6995
Type: Rule
Date: 2010-03-30
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a safety zone on the navigable waters of the San Diego Bay in support of the United Portuguese SES Centennial Festa. This temporary safety zone is necessary to provide for the safety of the crew, spectators, and other users and vessels of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this temporary safety zone unless authorized by the Captain of the Port or his designated representative.
Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Vendor Cost Containment
Document Number: 2010-6977
Type: Rule
Date: 2010-03-30
Agency: Department of Agriculture, Food and Nutrition Service
This rule makes administrative corrections to a final rule published in the Federal Register on October 8, 2009, entitled ``Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Vendor Cost Containment.''
Common Crop Insurance Regulations; Florida Avocado Crop Insurance Provisions
Document Number: 2010-6975
Type: Rule
Date: 2010-03-30
Agency: Department of Agriculture, Federal Crop Insurance Corporation
The Federal Crop Insurance Corporation (FCIC) finalizes the Common Crop Insurance Regulations; Florida Avocado Crop Insurance Provisions to convert the Florida avocado pilot crop insurance program to a permanent insurance program for the 2011 and succeeding crop years.
Serve America Act Amendments to the National and Community Service Act of 1990 and the Domestic Volunteer Service Act of 1973
Document Number: 2010-6962
Type: Proposed Rule
Date: 2010-03-30
Agency: Corporation for National and Community Service, Agencies and Commissions
The Corporation for National and Community Service (the Corporation) is correcting a proposed rule to implement changes to the operation of the National Service Trust and the Senior Corps programs under the Serve America Act, that appeared in the Federal Register of February 23, 2010 (75 FR 8013). That document incorrectly amended 45 CFR 2527.10(c) by removing current paragraph (c)(2). Additionally, there were two misstatements in the preamble. First, in an example to illustrate the limitation on the value of education awards an individual may receive, the preamble stated that a person who had previously earned the aggregate value of 1.71 awards could enroll in a quarter-time, minimum-time, reduced part-time, or Silver Scholar position. The inclusion of reduced part-time as an option in this example was in error. Second, the preamble incorrectly described the hardship waiver for Senior Companion and Foster Grandparent programs in the preamble. This document corrects the interim final rule by revising the preamble language providing an example of the aggregate value of education awards and the language describing the hardship waiver for Senior Companion and Foster Grandparent programs and by revising the instructions for 45 CFR 2527.10.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast (NE) Multispecies Fishery; Modification of the Yellowtail Flounder Landing Limit for the U.S./Canada Management Area
Document Number: 2010-6948
Type: Rule
Date: 2010-03-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This action increases the Georges Bank (GB) yellowtail flounder trip limit to 5,000 lb (2,268 kg) for NE multispecies days-at- sea (DAS) vessels fishing in the U.S./Canada Management Area. This action is authorized by the regulations implementing Amendment 13 to the NE Multispecies Fishery Management Plan (FMP) and is intended to increase the likelihood of harvesting the total allowable catch (TAC) for GB yellowtail flounder without exceeding it during the 2009 fishing year. This action is being taken to allow vessels to fully harvest the TACs for transboundary stocks of GB cod, haddock, and yellowtail flounder under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Less Than 60 feet (18.3 m) Length Overall Using Hook-and-Line or Pot Gear in the Bering Sea and Aleutian Islands Management Area
Document Number: 2010-6946
Type: Rule
Date: 2010-03-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 m) length overall (LOA) using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2010 Pacific cod total allowable catch allocated to catcher vessels less than 60 feet LOA using hook-and-line or pot gear in the BSAI.
Tire Fuel Efficiency Consumer Information Program
Document Number: 2010-6907
Type: Rule
Date: 2010-03-30
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document establishes the test procedures to be used by tire manufacturers in a new consumer information program to generate comparative performance information to inform consumers about the effect of their choices among replacement passenger car tires on fuel efficiency, safety, and durability. When this program is fully established, this information will be provided to consumers at the point of sale and online. This information will encourage the purchase of better performing replacement tires.
Delegations of Authority To Disclose Confidential Information
Document Number: 2010-6813
Type: Proposed Rule
Date: 2010-03-30
Agency: Commodity Futures Trading Commission, Agencies and Commissions
The Commodity Futures Trading Commission (``CFTC'' or ``Commission'') is proposing to amend its regulations governing delegations of authority to disclose confidential information to permit CFTC staff to provide confidential information to ``registered entities,'' including exempt commercial markets offering significant price discovery contracts, and to require that registered entities update their lists of confidential data recipients on an annual basis. The Commission's proposal would also clarify that confidential information provided by the Commission to registered entities may only be used for market surveillance, audit, investigative or rule enforcement purposes and would remove the requirement that disclosures of confidential information to foreign government agencies and foreign futures authorities require the concurrence of the Commission's Division of Enforcement. Finally, the proposal would make certain other technical and conforming amendments to the Commission's rules.
Approval and Promulgation of Air Quality Implementation Plans; Texas; Revisions to the Discrete Emission Credit Banking and Trading Program
Document Number: 2010-6801
Type: Proposed Rule
Date: 2010-03-30
Agency: Environmental Protection Agency
EPA is proposing to approve severable portions of two revisions to the Texas State Implementation Plan (SIP) submitted by the State of Texas on October 24, 2006, and August 16, 2007. These revisions amend existing sections and create a new section in Title 30 of the Texas Administrative Code (TAC), Chapter 101General Air Quality Rules, Subchapter HEmissions Banking and Trading, Division 4Discrete Emission Credit Banking and Trading, referred to elsewhere in this notice as the Discrete Emission Reduction Credit (DERC) Program. The October 24, 2006, submittal creates a new section for international emission reduction provisions and amends existing sections to prohibit the generation and use of DERCs from shutdown activities and further clarify procedures for using emission protocols. The August 16, 2007, submittal amends two sections of the DERC program to update cross-references to recently recodified 30 TAC Chapter 117 provisions. Additionally, EPA is proposing to find that the Texas Commission on Environmental Quality (TCEQ) has satisfied all elements of our September 6, 2006, final conditional approval of the DERC program with the submittal of the October 24, 2006, SIP submittal; and as such, the DERC program conditional approval is proposed for full approval. EPA has determined that these SIP revisions comply with the Clean Air Act and EPA regulations, are consistent with EPA policies, and will improve air quality. This action is being taken under section 110 and parts C and D of the Federal Clean Air Act (the Act or CAA).
Approval and Promulgation of Air Quality Implementation Plans; Texas; Revisions to the Emission Credit Banking and Trading Program
Document Number: 2010-6800
Type: Proposed Rule
Date: 2010-03-30
Agency: Environmental Protection Agency
EPA is proposing to approve severable portions of two revisions to the Texas State Implementation Plan (SIP) submitted by the State of Texas on October 24, 2006, and August 16, 2007. These revisions amend existing sections and create a new section in Title 30 of the Texas Administrative Code (TAC), Chapter 101General Air Quality Rules, Subchapter HEmissions Banking and Trading, Division 1Emission Credit Banking and Trading, referred to elsewhere in this notice as the Emission Reduction Credit (ERC) Program. The October 24, 2006, submittal creates a new section for international emission reduction provisions and amends existing sections to further clarify procedures for using emission protocols and to update the approved list of emission credit uses. The August 16, 2007, submittal amends two sections of the ERC program to update cross-references to recently recodified 30 TAC Chapter 117 provisions. EPA has determined that these SIP revisions comply with the Clean Air Act and EPA regulations, are consistent with EPA policies, and will improve air quality. This action is being taken under section 110 and parts C and D of the Federal Clean Air Act (the Act or CAA).
Revisions to Form, Procedures, and Criteria for Certification of Qualifying Facility Status for a Small Power Production or Cogeneration Facility
Document Number: 2010-6769
Type: Rule
Date: 2010-03-30
Agency: Department of Energy, Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission (Commission) is revising its regulations, which prior to this Final Rule provided the FERC Form No. 556 that is used in the certification of qualifying status for an existing or proposed small power production or cogeneration facility. The adopted revisions remove the contents of the Form No. 556 from the regulations, and, in their place, provide that an applicant seeking to certify qualifying facility (QF) status of a small power production or cogeneration facility must complete, and electronically file, the Form No. 556 that is in effect at the time of filing. We also revise and reformat the Form No. 556 to clarify the content of the form and to take advantage of newer technologies that will reduce both the filing burden for applicants and the processing burden for the Commission. We also adopt an exemption, for generating facilities with net power production capacities of 1 MW or less, from the requirement that a generating facility, to be a QF, file either a notice of self-certification or an application for Commission certification, and codify the Commission's authority to waive the QF certification requirement for good cause. Finally, we clarify, simplify or correct certain sections of the regulations relating to certifying QF status.
Common Crop Insurance Regulations, Basic Provisions; and Various Crop Insurance Provisions
Document Number: 2010-6432
Type: Rule
Date: 2010-03-30
Agency: Department of Agriculture, Federal Crop Insurance Corporation
The Federal Crop Insurance Corporation (FCIC) finalizes the Common Crop Insurance Regulations, Basic Provisions, Small Grains Crop Insurance Provisions, Cotton Crop Insurance Provisions, Sunflower Seed Crop Insurance Provisions, Coarse Grains Crop Insurance Provisions, Malting Barley Crop Insurance Provisions, Rice Crop Insurance Provisions, and Canola and Rapeseed Crop Insurance Provisions to provide revenue protection and yield protection. The amended provisions replace the Crop Revenue Coverage (CRC), Income Protection (IP), Indexed Income Protection (IIP), and the Revenue Assurance (RA) plans of insurance. These individual plans of insurance will no longer be available. The intended effect of this action is to offer producers a choice of revenue protection (protection against loss of revenue caused by low prices, low yields or a combination of both) or yield protection (protection for production losses only) within one Basic Provisions and the applicable Crop Provisions to reduce the amount of information producers must read to determine the best risk management tool for their operation and to improve the prevented planting and other provisions to better meet the needs of insured producers. In addition, FCIC has revised the Texas Citrus Tree Crop Insurance Provisions, Pear Crop Insurance Provisions, Sugarcane Crop Insurance Provisions, Macadamia Tree Crop Insurance Provisions, Macadamia Nut Crop Insurance Provisions, Onion Crop Insurance Provisions, Dry Pea Crop Insurance Provisions, Plum Crop Insurance Provisions, and Cabbage Crop Insurance Provisions to correct specific references to the revised Common Crop Insurance Regulations, Basic Provisions. Further, FCIC has revised certain provisions to incorporate provisions from previous rules implementing the Food, Conservation, and Energy Act of 2008 (2008 Farm Bill).
Schedules of Controlled Substances: Exempted Prescription Product; River Edge Pharmaceutical, Servira
Document Number: 2010-6035
Type: Proposed Rule
Date: 2010-03-30
Agency: Drug Enforcement Administration, Department of Justice
This Notice of Proposed Rulemaking proposes the amendment of the list of Exempted Prescription Products cited in the Code of Federal Regulations. This action is in response to DEA's review of new applications for exemption. DEA has received one new application for exemption for River Edge Pharmaceutical's Servira[supreg]. Having reviewed this application and relevant information, DEA finds that this preparation has no significant potential for abuse. Therefore, DEA hereby proposes that this product be added to the list of Exempted Prescription Products and exempted from the application of certain provisions of the Controlled Substances Act (CSA).
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