May 11, 2010 – Federal Register Recent Federal Regulation Documents

Establishment of Class E Airspace; Williamson, WV
Document Number: 2010-11226
Type: Proposed Rule
Date: 2010-05-11
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to establish Class E Airspace at Williamson, WV, to accommodate the additional airspace needed for the Standard Instrument Approach Procedures (SIAPs) developed for Mingo County Regional. This action enhances the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.
Establishment of Class E Airspace; Homestead, FL
Document Number: 2010-11224
Type: Proposed Rule
Date: 2010-05-11
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to establish Class E Airspace at Homestead, FL, to accommodate the additional airspace needed for the Standard Instrument Approach Procedures (SIAPs) developed for Homestead General Aviation Airport. This action enhances the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.
Designation of Medically Underserved Populations and Health Professions Shortage Areas; Intent To Form Negotiated Rulemaking Committee
Document Number: 2010-11214
Type: Proposed Rule
Date: 2010-05-11
Agency: Department of Health and Human Services, Health Resources and Services Administration
As required by Section 5602 of Public Law 111-148, the Patient Protection and Affordable Care Act of 2010, HRSA plans to establish a comprehensive methodology and criteria for Designation of Medically Underserved Populations (MUPs) and Primary Care Health Professions Shortage Areas (HPSAs) [under sections 330(b)(3) and 332 of the Public Health Service (PHS) Act, respectively], using a Negotiated Rulemaking process. To do this, HRSA intends to establish a Negotiated Rulemaking Committee under the Federal Advisory Committee Act (FACA).
Airworthiness Directives; The Boeing Company Model 737-100 and -200 Series Airplanes
Document Number: 2010-11179
Type: Proposed Rule
Date: 2010-05-11
Agency: Federal Aviation Administration, Department of Transportation
This action withdraws a supplemental notice of proposed rulemaking (NPRM) that proposed a new airworthiness directive (AD), applicable to certain Model 737-100 and -200 series airplanes. That action would have superseded an existing AD that requires various inspections for cracks in the outboard chord of the frame at body station (BS) 727 and in the outboard chord of stringer 18A; and repair or replacement of cracked parts. That action also would have added inspections for certain airplanes, revised certain compliance times for all airplanes, and added airplanes to the applicability. Since the issuance of the supplemental NPRM, the Federal Aviation Administration (FAA) has received revised service information that will significantly change the requirements proposed by the supplemental NPRM. Accordingly, the proposed rule is withdrawn.
Drug and Drug-Related Supply Promotion by Pharmaceutical Company Sales Representatives at VA Facilities
Document Number: 2010-11170
Type: Proposed Rule
Date: 2010-05-11
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) is republishing the proposed rule document that was published on May 5, 2010, in the
Cyber Security Certification Program
Document Number: 2010-11162
Type: Proposed Rule
Date: 2010-05-11
Agency: Federal Communications Commission, Agencies and Commissions
This document seeks comment on whether the Commission should establish a voluntary program under which participating communications service providers would be certified by the FCC or a yet to be determined third party entity for their adherence to a set of cyber security objectives and/or practices. The Commission also seeks comment on other actions it should take, if any, to improve cyber security and to improve education on cyber security issues. The Commission's goals in this proceeding are to increase the security of the nation's broadband infrastructure, promote a culture of more vigilant cyber security among participants in the market for communications services, and offer end users more complete information about their communication service providers' cyber security practices.
Effects on Broadband Communications Networks of Damage To or Failure of Network Equipment or Severe Overload
Document Number: 2010-11159
Type: Proposed Rule
Date: 2010-05-11
Agency: Federal Communications Commission, Agencies and Commissions
Consistent with the recommendations of the National Broadband Plan, the Federal Communications Commission (Commission or FCC) adopted this Notice of Inquiry to seek comment on the present state of survivability in broadband communications networks and to explore potential measures to reduce network vulnerability to failures in network equipment or severe overload conditions, such as would occur in natural disasters, pandemics, and other disasters or events that would restrain our ability to communicate. The Commission seeks comment broadly on the ability of existing networks to withstand localized or distributed physical damage, including whether there is adequate network redundancy and the extent of survivability of physical enclosures in which network elements are located, and severe overloads.
High-Cost Universal Service Support, Federal-State Joint Board on Universal Service
Document Number: 2010-11153
Type: Rule
Date: 2010-05-11
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Federal Communications Commission (Commission) defines ``sufficient'' under section 254(e) of the Communications Act as an affordable and sustainable amount of support that is adequate, but no greater than necessary, to achieve the goals of the universal service program. The Commission finds that rural rates are ``reasonably comparable'' to urban rates if they fall within a reasonable range of the national average urban rate. The Commission concludes, on the basis of undisputed empirical evidence in the record, that the current non-rural high-cost support mechanism comports with the requirements of section 254. The Commission also grants, with modifications, the joint petition filed by the Wyoming Public Service Commission and the Wyoming Office of Consumer Advocate for supplemental high-cost universal service support for rural residential customers of Qwest, Wyoming's non-rural incumbent local exchange carrier.
Securities Held in TreasuryDirect
Document Number: 2010-11141
Type: Rule
Date: 2010-05-11
Agency: Fiscal Service, Public Debt Bureau, Department of Treasury, Department of the Treasury
TreasuryDirect[supreg] is an account-based, book- entry, online system for purchasing, holding, and conducting transactions in Treasury securities. This final rule benefits TreasuryDirect[supreg] customers by simplifying the procedures for advance scheduling of marketable Treasury security purchases, enhancing the process of scheduling reinvestments of marketable Treasury securities, and improving the procedures when the proceeds of the maturing security are insufficient to pay for a new security.
Danger Zone, Pacific Ocean, Naval Base Coronado, Coronado, California
Document Number: 2010-11125
Type: Rule
Date: 2010-05-11
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The U.S. Army Corps of Engineers (Corps) is amending its regulations to establish a naval danger zone in the waters of the Pacific Ocean extending offshore from the small arms range at the Naval Base Coronado (NBC), in Coronado, San Diego County, California. The danger zone will provide an appropriate and enforceable zone in which the Navy may conduct small arms test firing to qualify military personnel.
Mandatory Reliability Standards for the Calculation of Available Transfer Capability, Capacity Benefit Margins, Transmission Reliability Margins, Total Transfer Capability, and Existing Transmission Commitments and Mandatory Reliability Standards for the Bulk-Power System
Document Number: 2010-11089
Type: Rule
Date: 2010-05-11
Agency: Department of Energy, Federal Energy Regulatory Commission
In this order, the Commission grants several requests for clarification of Order No. 729, which approved and directed modification of six Modeling, Data, and Analysis Reliability Standards submitted to the Commission for approval by the North American Electric Reliability Corporation, the Commission-certified Electric Reliability Organization for the United States. As discussed below, the Commission clarifies the implementation timeline for these Reliability Standards as well as certain directed modifications.
Safety Zone; Reedville July 4th Celebration, Cockrell's Creek, Reedville, VA
Document Number: 2010-11087
Type: Proposed Rule
Date: 2010-05-11
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes establishing a temporary safety zone on Cockrell's Creek in the vicinity of Reedville, VA in support of the Reedville July 4th Celebration event. This action is intended to restrict vessel traffic movement on Cockrell's Creek to protect mariners from the hazards associated with fireworks displays.
Safety Zone; Under Water Clean Up of Copper Canyon, Lake Havasu, AZ
Document Number: 2010-11086
Type: Rule
Date: 2010-05-11
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone on the navigable waters of Lake Havasu in the Copper Canyon in support of the underwater cleanup of Copper Canyon. This temporary safety zone is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other vessels and users 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.
Safety Zone; Shore Thing & Independence Day Fireworks, Chesapeake Bay, Norfolk, VA
Document Number: 2010-11085
Type: Proposed Rule
Date: 2010-05-11
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes establishing a temporary safety zone on the Chesapeake Bay in the vicinity of Ocean View Beach Park, Norfolk, VA in support of the Shore Thing & Independence Day Fireworks event. This action is intended to restrict vessel traffic movement on the Chesapeake Bay to protect mariners from the hazards associated with fireworks displays.
Special Local Regulation for Marine Events; Mattaponi River, Wakema, VA
Document Number: 2010-11084
Type: Proposed Rule
Date: 2010-05-11
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to establish special local regulations during the Mattaponi Madness Drag Boat Event, a series of power boat races to be held on the waters of the Mattaponi River, near Wakema, Virginia. These special local regulations are necessary to provide for the safety of life on navigable waters during the events. This action is intended to restrict vessel traffic during the power boat races in a segment of the Mattaponi River that flows along the border of King William County and King and Queen County near Wakema, Virginia.
Safety Zone, Brandon Road Lock and Dam to Lake Michigan including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, and Calumet-Saganashkee Channel, Chicago, IL
Document Number: 2010-11083
Type: Rule
Date: 2010-05-11
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone from Brandon Road Lock and Dam to Lake Michigan. This temporary safety zone will cover 77 miles of navigable waterways in the Chicago area. This temporary interim rule is intended to restrict vessels from entering certain segments of the navigable waters of the Des Plaines River, the Chicago Sanitary and Ship Canal (CSSC), branches of the Chicago River, and the Calumet-Saganashkee Channel (Cal-Sag Channel). This temporary safety zone is necessary to protect the waters, waterway users and vessels from hazards associated with a myriad of actions designed to control the spread of aquatic nuisance species. Because Federal and State agencies may take such actions at any time and in any segment of the waterways covered by this temporary safety zone, this rule provides the Captain of the Port, Sector Lake Michigan, the ability to take targeted and expeditious action in order to protect vessels and persons from the hazards associated with any Federal and State efforts to control aquatic nuisance species.
Proposed Revision of Class E Airspace; Kulik Lake, AK
Document Number: 2010-11082
Type: Proposed Rule
Date: 2010-05-11
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to revise Class E airspace at Kulik Lake, AK. This action would correct an error in the legal description of the Kulik Lake airspace description, which makes this action necessary to enhance safety and management of Instrument Flight Rules (IFR) operations.
Regattas and Marine Parades; Great Lakes Annual Marine Events
Document Number: 2010-11081
Type: Rule
Date: 2010-05-11
Agency: Coast Guard, Department of Homeland Security
The Coast Guard will enforce the local regulations for annual regattas and marine parades in the Captain of the Port Detroit zone from 8 a.m. on June 25, 2010 through 8 p.m. on July 25, 2010. This action is necessary and intended to ensure safety of life on the navigable waters immediately prior to, during, and immediately after regattas or marine parades. This rule will establish restrictions upon, and control movement of, vessels in specified areas immediately prior to, during, and immediately after regattas or marine parades. During the enforcement periods, no person or vessel may enter the regulated areas without permission of the Captain of the Port.
AJCA Modifications To the Section 6011 Regulations; Correction
Document Number: 2010-11079
Type: Rule
Date: 2010-05-11
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains a correction to final regulations (TD 9350) which were published in the Federal Register on Friday, August 3, 2007 (72 FR 43146) that modify the rules relating to the disclosure of reportable transactions under section 6011.
AJCA Modifications To the Section 6011 Regulations; Correction
Document Number: 2010-11078
Type: Rule
Date: 2010-05-11
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains a correction to final regulations (TD 9350) which were published in the Federal Register on Friday, August 3, 2007 (72 FR 43146) that modify the rules relating to the disclosure of reportable transactions under section 6011.
Representation Election Procedure
Document Number: 2010-11026
Type: Rule
Date: 2010-05-11
Agency: National Mediation Board, Agencies and Commissions
As part of its ongoing efforts to further the statutory goals of the Railway Labor Act, the National Mediation Board (NMB or Board) is amending its Railway Labor Act rules to provide that, in representation disputes, a majority of valid ballots cast will determine the craft or class representative. This change to its election procedures will provide a more reliable measure/indicator of employee sentiment in representation disputes and provide employees with clear choices in representation matters.
Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Ohio; Indiana; Redesignation of the Ohio and Indiana Portions of the Cincinnati-Hamilton Area to Attainment for Ozone
Document Number: 2010-11010
Type: Rule
Date: 2010-05-11
Agency: Environmental Protection Agency
EPA is approving the requests of Ohio and Indiana to redesignate the Ohio and Indiana portions of the Cincinnati-Hamilton, OH-KY-IN 8-hour ozone nonattainment area, ``the Cincinnati-Hamilton area,'' to attainment for that standard, because these requests meet the statutory requirements for redesignation under the Clean Air Act (CAA). The Ohio Environmental Protection Agency (Ohio EPA) and the Indiana Department of Environmental Management (IDEM) submitted these requests on December 14, 2009, and January 21, 2010, respectively. (EPA
Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Indiana; Redesignation of Lake and Porter Counties to Attainment for Ozone
Document Number: 2010-11009
Type: Rule
Date: 2010-05-11
Agency: Environmental Protection Agency
EPA is taking several related actions affecting Lake and Porter Counties and the State of Indiana for the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS or standard). EPA is approving a request from the State of Indiana to redesignate Lake and Porter Counties, the Indiana portion of the Chicago-Gary-Lake County, Illinois-Indiana (IL-IN) 8-hour ozone nonattainment area, to attainment of the 1997 8-hour ozone NAAQS. In addition, EPA is approving, as a revision to the Indiana State Implementation Plan (SIP), the State's plan for maintaining the 1997 8-hour ozone NAAQS through 2020 in Lake and Porter Counties and in the Chicago-Gary-Lake County, IL-IN ozone nonattainment area. EPA is also approving the 2002 Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX) emission inventories for Lake and Porter Counties as a SIP revision and as meeting the requirements of the Clean Air Act (CAA). Finally, EPA finds adequate and is approving the State's 2010 and 2020 VOC and NOX Motor Vehicle Emission Budgets (MVEBs) for Lake and Porter Counties.
Safety Zone; Riser for DEEPWATER HORIZON at Mississippi Canyon 252 Outer Continental Shelf MODU in the Gulf of Mexico
Document Number: 2010-10945
Type: Rule
Date: 2010-05-11
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a safety zone around the riser for the DEEPWATER HORIZON, a Mobile Offshore Drilling Unit (MODU), at Mississippi Canyon 252 in the Outer Continental Shelf. The safety zone is needed to protect personnel involved in oil pollution response efforts. Placing a safety zone around the riser will significantly reduce the threat of collisions, oil spills, and releases of natural gas, and thereby protect the safety of life, property, and the environment. Oil response efforts are taking place on the water's surface and subsurface.
Approval and Promulgation of Implementation Plans, State of California, San Joaquin Valley Unified Air Pollution Control District, New Source Review
Document Number: 2010-10925
Type: Rule
Date: 2010-05-11
Agency: Environmental Protection Agency
EPA is taking final action on revisions to the San Joaquin Valley Unified Air Pollution Control District portion of the California State Implementation Plan. Specifically, EPA is taking final action on three amended District rules, one of which was submitted on March 7, 2008 and the other two of which were submitted on March 17, 2009. Two of the submitted rules reflect revisions to approved District rules that provide for review of new and modified stationary sources (``new source review'' or NSR) within the District, and the third reflects revisions to an approved District rule that provides a mechanism by which existing stationary sources may voluntarily limit their operations to avoid the requirement to secure a Federally-mandated operating permit. The NSR rule revisions relate to exemptions from permitting and offsets requirements for certain agricultural operations, to the establishment of NSR applicability and offset thresholds consistent with a classification of ``extreme'' nonattainment for the ozone standard, and to the implementation of EPA's NSR Reform Rules. With respect to the revised District NSR rules, EPA is finalizing a limited approval and limited disapproval because, although the changes would strengthen the SIP, there are deficiencies in enforceability that prevent full approval. With respect to the rule pertaining to operating permit requirements, EPA is finalizing a full approval. EPA is also taking final action to remove certain obsolete conditions placed on previous approvals of various California nonattainment plans. Lastly, EPA is deferring further action on the Agency's proposal to correct the May 2004 approval of the previous version of the District's NSR rules pending receipt from California of an interpretation of the District's legal authority with respect to agricultural sources under state law.
Regulation of Fuels and Fuel Additives: Alternative Affirmative Defense Requirements for Ultra-Low Sulfur Diesel and Gasoline Benzene Technical Amendment
Document Number: 2010-10915
Type: Rule
Date: 2010-05-11
Agency: Environmental Protection Agency
EPA is issuing a direct final rule to amend the diesel sulfur regulations to allow refiners, importers, distributors, and retailers of highway diesel fuel the option to use an alternative affirmative defense if the Agency finds highway diesel fuel samples above the specified sulfur standard at retail facilities. This alternative defense consists of a comprehensive program of quality assurance sampling and testing that would cover all participating companies that produce and/or distribute highway diesel fuel if certain other conditions are met. The sampling and testing program would be carried out by an independent surveyor. The program would be conducted pursuant to a survey plan approved by EPA that is designed to achieve the same objectives as the current regulatory quality assurance requirement. This rule also amends the gasoline benzene regulations to allow disqualified small refiners the same opportunity to generate gasoline benzene credits as that afforded to non-small refiners.
Regulation of Fuels and Fuel Additives: Alternative Affirmative Defense Requirements for Ultra-Low Sulfur Diesel and Gasoline Benzene Technical Amendment
Document Number: 2010-10909
Type: Proposed Rule
Date: 2010-05-11
Agency: Environmental Protection Agency
EPA is issuing a proposed rule to amend the diesel sulfur regulations to allow refiners, importers, distributors, and retailers of highway diesel fuel the option to use an alternative affirmative defense if the Agency finds highway diesel fuel samples above the specified sulfur standard at retail facilities. This rule also proposes to amend the gasoline benzene regulations to allow disqualified small refiners the same opportunity to generate gasoline benzene credits as that afforded to non-small refiners.
National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List
Document Number: 2010-10849
Type: Rule
Date: 2010-05-11
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) Region II is publishing a direct final Notice of Deletion of the Asbestos Dump Superfund Site (Site), located in Long Hill Township and Harding Township, New Jersey, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final deletion is being published by EPA with the concurrence of the State of New Jersey, through the New Jersey Department of Environmental Protection (NJDEP), because EPA has determined that all appropriate response actions under CERCLA, other than operation, maintenance, and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.
National Oil and Hazardous Substance Pollution Contingency Plan National Priorities List
Document Number: 2010-10848
Type: Proposed Rule
Date: 2010-05-11
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) Region 2 is issuing a Notice of Intent to Delete the Asbestos Dump Superfund Site (Site) located in Meyersville, New Jersey, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is found at Appendix B of 40 CFR part 300 which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of New Jersey, through the New Jersey Department of Environmental Protection (NJDEP), have determined that all appropriate response actions under CERCLA, other than operation, maintenance, and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.
Medicare Program; Payment Policies Under the Physician Fee Schedule and Other Revisions to Part B for CY 2010; Corrections
Document Number: 2010-10814
Type: Rule
Date: 2010-05-11
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This document corrects several technical and typographical errors in the final rule with comment period that appeared in the November 25, 2009 Federal Register entitled ``Medicare Program; Payment Policies Under the Physician Fee Schedule and Other Revisions to Part B for CY 2010; Final Rule'' (74 FR 61738), as well as errors in the December 10, 2009 correction notice to the ``Medicare Program; Payment Policies Under the Physician Fee Schedule and Other Revisions to Part B for CY 2010; Corrections'' (74 FR 65449).
Procedures for Transportation Workplace Drug and Alcohol Testing Programs
Document Number: 2010-10488
Type: Proposed Rule
Date: 2010-05-11
Agency: Office of the Secretary, Department of Transportation
The Department of Transportation is proposing only to extend the date for the mandatory use of our recently updated Alcohol Testing Form (ATF) to January 1, 2011. The revised ATF went into effect on February 25, 2010 with a mandatory use date of August 1, 2010. After publishing the February 25 revisions, we learned that vendors and users of the ATF will not be able to deplete their current supply of ATFs by August 1, 2010. Therefore, in order to assist the transportation industries and their service agents in their efforts to be economically efficient and more environmentally ``green,'' we are seeking public comment to extend the mandatory use date to January 1, 2011.
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