April 6, 2010 – Federal Register Recent Federal Regulation Documents

The Information Security Oversight Office (ISOO), National Archives and Records Administration (NARA), has amended National Industrial Security Program Directive No. 1. This amendment to Directive No. 1 provides guidance to agencies on release of certain classified information (referred to as ``proscribed information'') to contractors that are owned or under the control of a foreign interest and have had the foreign ownership or control mitigated by an arrangement known as an Special Security Agreement (SSA). To date, there has been no Federal standard across agencies on release of proscribed information to this group. This amendment provides standardization and consistency to the process across the Federal Government, and enables greater efficiency in determining the release of the information as appropriate. This amendment also moves the definitions section to the beginning of the part for easier use, and adds definitions for the terms ``Cognizant Security Office (CSO),'' ``National Interest Determination (NID),'' and ``Proscribed Information,'' to accompany the new guidelines. Finally, this amendment makes a minor typographical change to the authority citation to make it more accurate.

This final rule follows publication of a July 22, 2009, interim rule that implemented section 222 in Division I of the Omnibus Appropriations Act, 2009. Section 222 authorizes HUD, to the extent of its Fiscal Year (FY) 2009 loan guarantee authority, to provide community development loan guarantees, under section 108 of the Housing and Community Development Act of 1974, to States borrowing on behalf of local governments in nonentitlement areas (governments that do not receive annual Community Development Block Grants (CDBGs) from HUD). Section 108 authorizes HUD to guarantee notes issued by such nonentitlement local governments or their designated public agencies supported by the respective State's pledge of its CDBG funds. Prior to the enactment of section 222, HUD lacked authority to guarantee notes issued by States on behalf of local governments in nonentitlement areas. HUD received a single public comment on the July 22, 2009, interim rule, which expressed support for the interim regulatory amendments. HUD is adopting the interim rule without change.

The Federal Communications Commission (Commission) seeks comment on revising the performance requirements for the 2.3 GHz Wireless Communications Service (WCS) band. The Commission is seeking comment on possible revision of the performance requirements (also known as buildout or construction requirements) for the 2.3 GHz WCS band to ensure that that the spectrum is used intensively in the public interest.

EPA is proposing to add sixteen chemicals to the list of toxic chemicals subject to reporting under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986 and section 6607 of the Pollution Prevention Act of 1990 (PPA). These sixteen chemicals have been classified by the National Toxicology Program (NTP) in their Report on Carcinogens (RoC) as ``reasonably anticipated to be a human carcinogen.'' EPA believes that these sixteen chemicals meet the EPCRA section 313(d)(2)(B) criteria because they can reasonably be anticipated to cause cancer in humans. As in past chemical reviews, EPA adopted a production volume screen for the development of this proposed rule to screen out those chemicals for which no reports are expected to be submitted. Based on a review of the available production and use information, these sixteen chemicals are expected to be manufactured, processed, or otherwise used in quantities that would exceed the EPCRA section 313 reporting thresholds.

The Agricultural Marketing Service (AMS) is changing the annual standard, appeal, overtime, and holiday hourly fee rates for fiscal years 2010-2012 for Science and Technology (S&T) Laboratory Services in order to recover anticipated laboratory program costs. The Agency is raising these rates to reflect, among other factors, national and locality pay increases for Federal employees and inflation, operating costs, instrumentation and training, equipment maintenance costs, and program and agency administrative overhead costs. The

EPA is finalizing approval of revisions to the Pinal County portion of the Arizona State Implementation Plan (SIP). These revisions were proposed in the Federal Register on August 17, 2009 and concern particulate matter (PM) emissions from construction, earthmoving, and related activities, and commercial and residential unpaved parking lots. We are approving these local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

In this document, the Bureau of Prisons (Bureau) proposes to establish and describe Communication Management Units (CMUs) by regulation. CMUs are designed to provide an inmate housing unit environment that enables staff monitoring of all communication between CMU inmates and persons in the community. The ability to monitor such communication is necessary to ensure the safety, security, and orderly operation of correctional facilities, and protect the public. The Bureau currently operates CMUs in two of its facilities. This rule would clarify existing Bureau practices with respect to CMUs.

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the mountain whitefish (Prosopium williamsoni) in the Big Lost River, Idaho, as endangered or threatened under the Endangered Species Act of 1973, as amended. After review of all available scientific and commercial information, we find that the mountain whitefish in the Big Lost River does not constitute a listable entity under the Act and, therefore, listing is not warranted. However, we ask the public to continue to submit to us any new information that becomes available concerning the taxonomy, biology, ecology, and status of the mountain whitefish in the Big Lost River, and to support cooperative conservation of mountain whitefish within its historical range in the Big Lost River.

The Resource Conservation and Recovery Act, as amended, (RCRA), allows the Environmental Protection Agency (EPA) to authorize State hazardous waste programs if EPA finds that such programs are equivalent to and consistent with the Federal RCRA program and if such programs provide adequate enforcement of compliance. The regulations are used by EPA to codify its decision to authorize individual State programs and incorporate by reference those provisions of the State statutes and regulations that are subject to EPA's RCRA inspection and enforcement authorities as authorized provisions of the State's program. This direct final rule revises the codification of the authorized Idaho hazardous waste management program and incorporates by reference authorized provisions of the State's statutes and regulations.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list a stonefly (Isoperla jewetti) and a mayfly (Fallceon eatoni) as threatened or endangered under the Endangered Species Act of 1973, as amended. Based on our review, we find that the petition does not present substantial information indicating that listing either of the species may be warranted at this time. However, we ask the public to submit to us any new information that becomes available concerning the status of, or threats to, the stonefly or the mayfly or their habitat at any time.

This final rule revises the Mine Safety and Health Administration's (MSHA's) electrical safety standards for the installation, use, and maintenance of high-voltage continuous mining machines in underground coal mines. It also revises MSHA's design requirements for approval of these mining machines. The final rule will allow mine operators to use high-voltage continuous mining machines with enhanced safety protection against fires, explosions, and shock hazards and will facilitate the use of advanced equipment designs.

We, the U.S. Fish and Wildlife Service (Service/USFWS), designate critical habitat for the Salt Creek tiger beetle (Cicindela nevadica lincolniana) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 1,933 acres (ac) (782 hectares (ha)) located in Lancaster and Saunders Counties, Nebraska, fall within the boundaries of the critical habitat designation.