April 9, 2010 – Federal Register Recent Federal Regulation Documents

Reader Aids
Document Number: FR-2010-04-09-ReaderAids
Type: Reader Aids
Date: 2010-04-09
Regulated Navigation Areas; Bars Along the Coasts of Oregon and Washington; Correction
Document Number: C1-2010-4769
Type: Rule
Date: 2010-04-09
Agency: Coast Guard, Department of Homeland Security
Sunshine Act Meeting
Document Number: 2010-8324
Type: Notice
Date: 2010-04-09
Agency: Securities and Exchange Commission, Agencies and Commissions
Sunshine Act Meeting Notice
Document Number: 2010-8217
Type: Notice
Date: 2010-04-09
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions
Sunshine Act Meeting
Document Number: 2010-8209
Type: Notice
Date: 2010-04-09
Agency: Securities and Exchange Commission, Agencies and Commissions
Sunshine Act Meeting Notice
Document Number: 2010-8199
Type: Notice
Date: 2010-04-09
Agency: International Trade Commission, Agencies and Commissions
Withdrawal of Proposed Improvements to the Motor Carrier Safety Status Measurement System (SafeStat) and Implementation of a New Carrier Safety Measurement System (CSMS)
Document Number: 2010-8183
Type: Notice
Date: 2010-04-09
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The FMCSA announces that it will replace its Motor Carrier Safety Status Measurement System (SafeStat) with an improved Carrier Safety Measurement System (CSMS) on November 30, 2010. The CSMS has been developed and tested as part of the Agency's Comprehensive Safety Analysis 2010 (CSA 2010) initiative. Therefore, FMCSA is withdrawing the notice of proposed improvements to SafeStat that was published for public comment on May 3, 2006. SafeStat is an automated algorithm currently used by FMCSA to identify high-risk and other motor carriers for on-site compliance reviews. By implementing the new CSMS algorithm, FMCSA will be able to better identify high-risk motor carriers, make more efficient and effective the Agency's and its State partners' allocation of compliance and enforcement resources and provide the motor carrier industry and other safety stakeholders with more comprehensive, informative, and regularly updated safety performance data.
Notice of Availability of the Draft Supplemental Environmental Impact Statement for the Proposed Baseload Power Plant, East Kentucky Power Cooperative, Inc., Clark County, KY
Document Number: 2010-8179
Type: Notice
Date: 2010-04-09
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The U.S. Army Corps of Engineers (USACE), in accordance with 42 U.S.C. 4321 to 4370(f), is issuing this notice to advise the public that a Draft Supplemental Environmental Impact Statement (SEIS) has been prepared and is available for review and comment.
Board of Scientific Counselors, Coordinating Office for Terrorism Preparedness and Emergency Response (BSC, COTPER) 1
Document Number: 2010-8178
Type: Notice
Date: 2010-04-09
Agency: Centers for Disease Control and Prevention, Department of Health and Human Services
Oklahoma Regulatory Program
Document Number: 2010-8175
Type: Rule
Date: 2010-04-09
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement, Surface Mining Reclamation and Enforcement Office
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving an amendment to the Oklahoma regulatory program (Oklahoma program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The Oklahoma Department of Mines (ODM, Oklahoma, or department) made revisions to its rules regarding circumstances under which a notice of violation may have an abatement period greater than 90 days. Oklahoma revised its program at its own initiative to improve operational efficiency.
Submission for OMB Review; Comment Request
Document Number: 2010-8173
Type: Notice
Date: 2010-04-09
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.
Determination of Regulatory Review Period for Purposes of Patent Extension; MOZOBIL
Document Number: 2010-8172
Type: Notice
Date: 2010-04-09
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) has determined the regulatory review period for MOZOBIL and is publishing this notice of that determination as required by law. FDA has made the determination because of the submission of an application to the Director of Patents and Trademarks, Department of Commerce, for the extension of a patent which claims that human drug product.
Submission for OMB Review; Comment Request
Document Number: 2010-8170
Type: Notice
Date: 2010-04-09
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.
Submission for OMB Review; Comment Request
Document Number: 2010-8169
Type: Notice
Date: 2010-04-09
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.
Ready-to-Learn Television Program
Document Number: 2010-8168
Type: Notice
Date: 2010-04-09
Agency: Department of Education
On March 22, 2010, we published in the Federal Register (75 FR 13515) a notice inviting applications for new awards for FY 2010 for the Ready-to-Learn Television Program. There is an error in one of the dates in that notice.
Small Takes of Marine Mammals Incidental to Specified Activities; Antioch Bridge Seismic Retrofit Project, California
Document Number: 2010-8167
Type: Notice
Date: 2010-04-09
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In accordance with the Marine Mammal Protection Act (MMPA) regulations, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to the California Department of Transportation (Caltrans) allowing the take of small numbers of marine mammals, by Level B harassment only, incidental to pile driving associated with the Antioch Bridge Seismic Retrofit Project.
National Institute on Disability and Rehabilitation Research (NIDRR)-Disability and Rehabilitation Research Projects and Centers Program-Rehabilitation Engineering Research Centers (RERCs)
Document Number: 2010-8166
Type: Notice
Date: 2010-04-09
Agency: Department of Education
The Assistant Secretary for Special Education and Rehabilitative Services proposes two priorities for the Disability and Rehabilitation Research Projects and Centers Program administered by NIDRR. Specifically, this notice proposes two priorities for RERCs: Universal Design in the Built Environment and Technologies for Children with Orthopedic Disabilities. The Assistant Secretary may use these priorities for competitions in fiscal year (FY) 2010 and later years. We take this action to focus research attention on areas of national need. We intend these priorities to improve rehabilitation services and outcomes for individuals with disabilities.
Statement of Organization, Functions, and Delegations of Authority
Document Number: 2010-8165
Type: Notice
Date: 2010-04-09
Agency: Aging Administration, Department of Health and Human Services
Statement of Organization, Functions, and Delegations of Authority.
Certain Preserved Mushrooms from India: Notice of Amended Final Results Pursuant to Final Court Decision
Document Number: 2010-8164
Type: Notice
Date: 2010-04-09
Agency: Department of Commerce, International Trade Administration
On May 8, 2008, the United States Court of International Trade (CIT) sustained the results of redetermination made by the Department of Commerce (the Department) pursuant to the CIT's remand in Agro Dutch Industries Limited v. United States, Slip Op. 07-185 (CIT December 26, 2007) (Agro Dutch II). See Agro Dutch Industries Limited v. United States, Slip Op. 08-50 (CIT May 8, 2008) (Agro Dutch III). Subsequent to the CIT's judgment upholding Commerce's remand redetermination, in October 2008, the CIT exercised its equitable power to order reliquidation of some of Agro Dutch's entries. See Agro Dutch Industries Limited v. United States, Slip Op. 08-110 (CIT October 17, 2008) (Agro Dutch IV). The Government appealed the CIT's decision in Agro Dutch IV to the United States Court of Appeals for the Federal Circuit (CAFC), and on December 15, 2009, the CAFC affirmed the CIT's decision. See Agro Dutch Industries Limited v. United States, Slip Op. 2009-1127 (Fed.Cir. December 15, 2009) (Agro Dutch V). As there is now a final and conclusive court decision in this case, the Department is amending the final results of the 2000-2001 administrative review of certain preserved mushrooms from India.
TRICARE; Relationship Between the TRICARE Program and Employer-Sponsored Group Health Coverage
Document Number: 2010-8162
Type: Rule
Date: 2010-04-09
Agency: Office of the Secretary, Department of Defense
This final rule implements section 1097c of Title 10, United States Code, as added by section 707 of the John Warner National Defense Authorization Act for Fiscal Year 2007, Public Law 109-364. This law prohibits employers from offering incentives to TRICARE- eligible employees to not enroll or to terminate enrollment in an employer-offered Group Health Plan (GHP) that is or would be primary to TRICARE. Benefits offered through cafeteria plans that comport with section 125 of the Internal Revenue Code will be permissible as long as the plan treats all similarly situated employees eligible for benefits the same and does not illegally take TRICARE eligibility into account. TRICARE supplemental insurance plans, because they are limited to TRICARE beneficiaries exclusively, are generally impermissible. Properly documented non-employer contributed TRICARE supplemental plans, however, are allowed.
Health Care Eligibility Under the Secretarial Designee Program and Related Special Authorities
Document Number: 2010-8161
Type: Proposed Rule
Date: 2010-04-09
Agency: Office of the Secretary, Department of Defense
This proposed action would establish policies and assign responsibilities for health care eligibility under the Secretarial Designee Program. It would also implement the requirement where the United States would receive reimbursement for inpatient health care provided in the United States to foreign military or diplomatic personnel or their dependents, except in certain cases covered by Reciprocal Health Care Agreements (RHCAs) between the Department of Defense and a foreign country.
Proposed Collection; Comment Request
Document Number: 2010-8157
Type: Notice
Date: 2010-04-09
Agency: Securities and Exchange Commission, Agencies and Commissions
Proposed Collection; Comment Request
Document Number: 2010-8156
Type: Notice
Date: 2010-04-09
Agency: Securities and Exchange Commission, Agencies and Commissions
Notice of Initiation of Administrative Reviews and Requests for Revocation in Part of the Antidumping Duty Orders on Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam and the People's Republic of China
Document Number: 2010-8155
Type: Notice
Date: 2010-04-09
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (``Department'') has received requests to conduct administrative reviews of the antidumping duty orders on certain frozen warmwater shrimp from the Socialist Republic of Vietnam (``Vietnam'') and the People's Republic of China (``PRC''). The Department received timely requests to revoke, in part, the antidumping duty order on shrimp from Vietnam for multiple producers/ exporters.\1\ The anniversary month of this order is February. In accordance with the Department's regulations, we are initiating these administrative reviews.
Pay for Sunday Work
Document Number: 2010-8154
Type: Proposed Rule
Date: 2010-04-09
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
The U.S. Office of Personnel Management is issuing proposed regulations that would implement the ruling in the case of Fathauer v. United States, 566 F.3d 1352 (Fed. Cir. 2009). In this decision the United States Court of Appeals for the Federal Circuit ruled that part- time employees are covered under the provisions of 5 U.S.C. 5546(a), the statute governing the payment of Sunday premium pay for work performed on Sundays. The revised Sunday premium pay regulations would eliminate references to ``full-time'' employees, which will permit Sunday premium payments to part-time employees, pursuant to 5 U.S.C. 5546(a). Prevailing rate employees are entitled to payment of Sunday premium pay, pursuant to 5 U.S.C. 5544(a). Consistent with the reasoning in the Fathauer decision, OPM has determined that part-time prevailing rate employees are covered under the provisions of 5 U.S.C. 5544(a).
Notice: Request for Substantive Comments on the EAC's Procedural Manual for the Election Assistance Commission's Pilot Voting System Testing and Certification Program Manual
Document Number: 2010-8150
Type: Notice
Date: 2010-04-09
Agency: Election Assistance Commission, Agencies and Commissions
The U.S. Election Assistance Commission (EAC) is publishing a procedural manual for its Pilot Voting System Testing and Certification Program Manual for a fifteen day public comment period. This program sets the administrative procedures for manufacturers seeking certification of pilot voting systems to be used in a federal election.
Public Federal Regulatory Enforcement Fairness Hearing Region IX Regulatory Fairness Board
Document Number: 2010-8147
Type: Notice
Date: 2010-04-09
Agency: Small Business Administration, Agencies and Commissions
Data Collection Available for Public Comments and Recommendations
Document Number: 2010-8146
Type: Notice
Date: 2010-04-09
Agency: Small Business Administration, Agencies and Commissions
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Small Business Administration's intentions to request approval on a new and/or currently approved information collection.
Delaware Disaster # DE-00007
Document Number: 2010-8145
Type: Notice
Date: 2010-04-09
Agency: Small Business Administration, Agencies and Commissions
This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Delaware (FEMA- 1896-DR), dated 03/31/2010.
Notice of Meeting of Chronic Hazard Advisory Panel on Phthalates
Document Number: 2010-8144
Type: Notice
Date: 2010-04-09
Agency: Consumer Product Safety Commission, Agencies and Commissions
The Consumer Product Safety Commission (Commission) announces the first meeting of the Chronic Hazard Advisory Panel (CHAP) on Phthalates. The Commission appointed this CHAP to study the effects on children's health of all phthalates and phthalate alternatives as used in children's toys and child care articles, pursuant to section 108 of the Consumer Product Safety Improvement Act of 2008 (CPSIA) (Pub. L. 110-314).
Wetlands Reserve Enhancement Program
Document Number: 2010-8143
Type: Notice
Date: 2010-04-09
Agency: Department of Agriculture, Commodity Credit Corporation
The Natural Resources Conservation Service (NRCS), on behalf of the Commodity Credit Corporation (CCC), announces that a minimum of $25 million in financial assistance will be made available in fiscal year (FY) 2010 for the Wetlands Reserve Enhancement Program (WREP) throughout the United States to eligible landowners.
Culturally Significant Object Imported for Exhibition Determinations: “Through African Eyes: The European in African Art, 1500-Present”
Document Number: 2010-8142
Type: Notice
Date: 2010-04-09
Agency: Department of State
Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the object to be included in the exhibition ``Through African Eyes: The European in African Art, 1500Present,'' imported from abroad for temporary exhibition within the United States, is of cultural significance. The object is imported pursuant to a loan agreement with the foreign owner or custodian. I also determine that the exhibition or display of the exhibit object at the Detroit Institute of Arts, Detroit, Michigan, from on or about April 18, 2010, until on or about August 8, 2010, at the Nelson Atkins Museum of Art, Kansas City, Missouri, from on or about September 25, 2010, to on or about January 8, 2011, and at possible additional exhibitions or venues yet to be determined, is in the national interest. I have ordered that Public Notice of these Determinations be published in the Federal Register.
Marine Mammals; File No. 1100-1849
Document Number: 2010-8137
Type: Notice
Date: 2010-04-09
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that Shane Moore, Moore & Moore Films, Box 2980, 1203 Melody Creek Lane, Jackson, WY 83001 has been issued an amendment to Permit No. 1100-1849.
Comment Request: National Science Foundation-Applicant Survey
Document Number: 2010-8136
Type: Notice
Date: 2010-04-09
Agency: National Science Foundation, Agencies and Commissions
The National Science Foundation (NSF) is announcing plans to request renewed clearance of this collection. In accordance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, we are providing opportunity for public comment on this action. After obtaining and considering public comment, NSF will prepare the submission requesting OMB clearance of this collection for no longer than 3 years.
Antarctic Marine Living Resources; Use of Centralized-Vessel Monitoring System and Importation of Toothfish; Re-export and Export of Toothfish; Applications for Krill Fishing; Regulatory Framework for Annual Conservation Measures
Document Number: 2010-8134
Type: Rule
Date: 2010-04-09
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS (on behalf of the Secretary of Commerce) issues this final rule to facilitate conservation and management of Antarctic Marine Living Resources (AMLR). The regulations: further detail current U.S. requirements to only allow importation and/or re-exportation of frozen toothfish or toothfish product with verifiable documentation that the harvesting vessel participated in the Centralized-Vessel Monitoring System (C-VMS) regardless of where the fish was harvested; revise the NMFS catch-documentation requirements for re-exporting toothfish and add requirements for exporting U.S.-caught toothfish; require applicants for an AMLR harvesting permit for krill to apply to NMFS no later than June 1 preceding the harvesting season for krill; and rescind the existing regulatory framework for annual management measures. The intent of the rule is to further detail requirements for importing and re-exporting toothfish, to facilitate enforcement, to fulfill U.S. obligations in the Commission on the Conservation of Antarctic Marine Living Resources (CCAMLR), and to simplify the process for informing the public of annual conservation measures.
NASA Advisory Council; Meeting
Document Number: 2010-8132
Type: Notice
Date: 2010-04-09
Agency: National Aeronautics and Space Administration, Agencies and Commissions
In accordance with the Federal Advisory Committee Act, Public Law 92-463, as amended, the National Aeronautics and Space Administration announces a meeting of the NASA Advisory Council.
Notice of Change in Definitions and Modification to Neighborhood Stabilization Program (NSP)
Document Number: 2010-8131
Type: Notice
Date: 2010-04-09
Agency: Department of Housing and Urban Development
On October 6, 2008, HUD published a notice advising the public of the allocation formula and allocation amounts, the list of grantees, alternative requirements, and waivers granted under Title III of Division B of the Housing and Economic Recovery Act (HERA) of 2008, which established the NSP. On June 19, 2009, HUD published a bridge notice advising the public of substantive revisions and a number of non-substantive technical corrections to the October 6, 2008, notice, primarily as a result of changes to NSP made by Title XII of Division A of the American Recovery and Reinvestment Act of 2009 (the ``Recovery Act'') (Pub. L. 111-005, approved February 17, 2009).
Function and Reliability Flight Testing for Turbine-Powered Airplanes Weighing 6,000 Pounds or Less
Document Number: 2010-8130
Type: Proposed Rule
Date: 2010-04-09
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to revise the applicability for function and reliability flight testing to include all turbine-powered airplanes weighing 6,000 pounds or less. Revising the applicability is necessary because advancements in aviation technology have invalidated the reasons for excluding these airplanes. The proposed revision would improve aviation safety for these airplanes.
Environmental Impact Statements; Notice of Availability
Document Number: 2010-8129
Type: Notice
Date: 2010-04-09
Agency: Environmental Protection Agency
Petition for Exemption; Summary of Petition Received
Document Number: 2010-8128
Type: Notice
Date: 2010-04-09
Agency: Federal Aviation Administration, Department of Transportation
This notice contains a summary of a petition seeking relief from specified requirements of 14 CFR. The purpose of this notice is to improve the public's awareness of, and participation in, this aspect of FAA's regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition.
Notice of Peer Review Meeting for the External Peer Review Drafts of Two Documents on Using Probabilistic Methods To Enhance the Role of Risk Analysis in Decision-Making
Document Number: 2010-8127
Type: Notice
Date: 2010-04-09
Agency: Environmental Protection Agency
EPA is announcing that Eastern Research Group, Inc. (ERG), an EPA contractor for external scientific peer review, will convene an independent panel of experts and organize and conduct an external peer review meeting to review two draft documents entitled, ``Using Probabilistic Methods to Enhance the Role of Risk Analysis in Decision- Making, with Case Study Examples'' and a ``Managers' Summary'' of the same document. The draft documents were prepared by the Agency's Risk Assessment Forum. The peer review meeting is scheduled to take place on May 6, 2010. On August 18, 2009, EPA announced a 15-day public comment period for the draft documents (74 FR 41695), and on September 17, 2009 extended the comment period to 60 days (74 FR 47794), thus closing the public comment period on October 16, 2009.
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