May 14, 2010 – Federal Register Recent Federal Regulation Documents

Gap in Termination Provisions; Inquiry
Document Number: 2010-11619
Type: Proposed Rule
Date: 2010-05-14
Agency: Library of Congress, Agencies and Commissions, Copyright Office, Copyright Office, Library of Congress
The Copyright Office is extending the time in which reply comments may be filed on the topic of the application of Title 17 to the termination of certain grants of transfers or licenses of copyright, specifically those for which execution of the grant occurred prior to January 1, 1978 and creation of the work occurred on or after January 1, 1978.
Fisheries of the Northeastern United States; Atlantic Deep-Sea Red Crab Fisheries; 2010 Atlantic Deep-Sea Red Crab Specifications
Document Number: 2010-11613
Type: Rule
Date: 2010-05-14
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues final specifications for the 2010 Atlantic deep- sea red crab fishery, including a target total allowable catch (TAC) and a fleet-wide days-at-sea (DAS) allocation. The intent of this rulemaking is to specify the target TAC and other management measures in order to manage the red crab resource for fishing year (FY) 2010.
Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; 2010 Atlantic Bluefish Specifications
Document Number: 2010-11611
Type: Rule
Date: 2010-05-14
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues final specifications for the 2010 Atlantic bluefish fishery, including state-by-state commercial quotas, a recreational harvest limit, and recreational possession limits for Atlantic bluefish off the east coast of the U.S. The intent of these specifications is to establish the allowable 2010 harvest levels and possession limits to attain the target fishing mortality rate (F), consistent with the Atlantic Bluefish Fishery Management Plan (FMP).
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Emergency Fisheries Closures in the Southeast Region Due to the Deepwater Horizon Oil Spill; Amendment 2
Document Number: 2010-11601
Type: Rule
Date: 2010-05-14
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this emergency rule to close portions of the Gulf of Mexico (Gulf), South Atlantic, and Caribbean exclusive economic zones (Southeast EEZ) to all fishing as necessary when new information becomes available, to respond to the evolving nature of the Deepwater Horizon oil spill. The closed portions of the Southeast EEZ will be updated on a regular basis and announced to the public via NOAA Weather Radio, fishery bulletin, and NOAA Web site updates. The updated closed area may also be obtained by calling the NMFS Southeast Regional Office, Sustainable Fisheries Division at 727-824-5305. This rule replaces the existing closure rule, which became effective May 7, 2010, and will remain in effect until terminated by subsequent rulemaking, which will occur once the existing emergency conditions from the oil spill no longer exist. Fish and shellfish in oil affected waters may be contaminated with levels of hydrocarbons above baseline levels. The U.S. Food and Drug Administration (FDA) considers such seafood to be adulterated. The intent of this emergency rule is to prohibit the harvest of adulterated seafood and for public safety.
Hass Avocados from Mexico; Importation into the Commonwealth of Puerto Rico and Other Changes
Document Number: 2010-11598
Type: Proposed Rule
Date: 2010-05-14
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend our fruits and vegetables regulations to provide for the importation of Hass avocados from Mexico into Puerto Rico under the same systems approach currently required for the importation of Hass avocados into all States of the United States from Michoac[aacute]n, Mexico. The systems approach requirements include trapping, orchard certification, limited production area, trace back labeling, pre-harvest orchard surveys for all pests, orchard sanitation, post-harvest safeguards, fruit cutting and inspection at the packinghouse, port-of-arrival inspection, and clearance activities. This action would allow for the importation of Hass avocados from Michoac[aacute]n, Mexico, into Puerto Rico while continuing to provide protection against the introduction of quarantine pests. In addition, we are proposing to amend the regulations to provide for the Mexican national plant protection organization to use an approved designee to inspect avocados for export and to suspend importation of avocados into the United States from Michoac[aacute]n, Mexico, only from specific orchards or packinghouses when quarantine pests are detected, rather than suspending imports from the entire municipality where the affected orchards or packinghouses are located. These changes would provide additional flexibility in operating the export program while continuing to provide protection against the introduction of quarantine pests.
Conservation Reserve Program; Transition Incentives Program
Document Number: 2010-11595
Type: Rule
Date: 2010-05-14
Agency: Department of Agriculture, Commodity Credit Corporation
The Commodity Credit Corporation (CCC) is amending the Conservation Reserve Program (CRP) regulations to add provisions for incentives to retired or retiring owners or operators to transition land enrolled in CRP to a beginning or socially disadvantaged farmer or rancher for production. The Transition Incentives Program involves new and mandatory provisions for CRP authorized by the Food, Conservation, and Energy Act of 2008 (2008 Farm Bill). Retired or retiring owners or operators of land enrolled in an expiring CRP contract who sell or lease their expiring CRP land to a beginning or socially disadvantaged farmer or rancher for the purpose of returning some or all of the land into production using sustainable grazing or crop production methods in compliance with the required conservation plan will, if otherwise approved for the Transition Incentives Program, receive CRP payments for an additional 2 years after the contract expires if the new or socially disadvantaged farmer is not a family member.
Energy Conservation Program for Consumer Products: Determination Concerning the Potential for Energy Conservation Standards for Non-Class A External Power Supplies
Document Number: 2010-11592
Type: Rule
Date: 2010-05-14
Agency: Department of Energy
The U.S. Department of Energy (DOE or the Department) has determined, based on the best information currently available, that energy conservation standards for non-Class A external power supplies are technologically feasible and economically justified, and would result in significant energy savings. This determination initiates the process of establishing, by notice and comment rulemaking, energy conservation standards for these products.
Revising the Notification Requirements in the Exposure Determination Provisions of the Hexavalent Chromium Standards
Document Number: 2010-11586
Type: Rule
Date: 2010-05-14
Agency: Department of Labor, Occupational Safety and Health Administration
OSHA is confirming the effective date of its direct final rule (DFR) revising the employee notification requirements in the exposure determination provisions of the standards for Hexavalent Chromium (Cr(VI)). In the March 17, 2010, DFR document, OSHA stated that the DFR would become effective on June 15, 2010, unless one or more significant adverse comments were submitted by April 16, 2010. OSHA did not receive significant adverse comments on the DFR, so by this document the Agency is confirming that the DFR will become effective on June 15, 2010.
Standards of Performance for New Stationary Sources and Emissions Guidelines for Existing Sources: Hospital/Medical/Infectious Waste Incinerators
Document Number: 2010-11585
Type: Proposed Rule
Date: 2010-05-14
Agency: Environmental Protection Agency
On October 6, 2009, EPA promulgated its response to the remand of the new source performance standards and emissions guidelines for hospital/medical/infectious waste incinerators by the U.S. Court of Appeals for the District of Columbia Circuit and satisfied the Clean Air Act Section 129(a)(5) requirement to conduct a review of the standards every five years. This action proposes to amend the new source performance standards in order to correct inadvertent drafting errors in the emissions limits for nitrogen oxides and sulfur dioxide promulgated for large hospital/medical/infectious waste incinerators, which did not correspond to our description of our standard-setting process. This action will also correct erroneous cross-references in the reporting and recordkeeping requirements.
Energy Conservation Program: Web-Based Compliance and Certification Management System
Document Number: 2010-11584
Type: Rule
Date: 2010-05-14
Agency: Department of Energy
This final rule: provides a new means for manufacturers and third party representatives to prepare and submit compliance and certification reports to the Department of Energy (DOE) through an electronic Web-based tool, the Compliance and Certification Management System (CCMS), which will be the preferred mechanism for submitting compliance and certification reports; allows compliance and certification reports to be submitted via e-mail; and updates the
Revising the Notification Requirements in the Exposure Determination Provisions of the Hexavalent Chromium Standards
Document Number: 2010-11583
Type: Proposed Rule
Date: 2010-05-14
Agency: Department of Labor, Occupational Safety and Health Administration
With this notice, OSHA is withdrawing the proposed rule that accompanied its direct final rule (DFR) amending the employee notification requirements in the exposure determination provisions of the Hexavalent Chromium (Cr(VI)) standards.
Regulatory Flexibility Act Review of the Bloodborne Pathogens Standard
Document Number: 2010-11579
Type: Proposed Rule
Date: 2010-05-14
Agency: Department of Labor, Occupational Safety and Health Administration
The Occupational Safety and Health Administration (OSHA) is conducting a review of its Bloodborne Pathogens Standard (29 CFR 1910.1030) under Section 610 of the Regulatory Flexibility Act and Section 5 of Executive Order 12866 on Regulatory Planning and Review. OSHA conducts its review pursuant to Section 610 of the Regulatory Flexibility Act, 5 U.S.C. 610, and Section 5 of Executive Order (EO) 12866. Section 610 directs agencies to review impacts of regulations on small businesses by examining: the continued need for the rule; the nature of complaints or comments received concerning the rule from the public; the complexity of the rule; the extent to which the rule overlaps, duplicates or conflicts with other Federal rules, and, to the extent feasible, with State and local governmental rules; and the length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. The EO requires agencies to determine whether their regulations ``should be modified or eliminated so as to make the Agency's regulatory program more effective in achieving the regulatory objectives, less burdensome, or in greater alignment with the President's priorities and principles set forth in th[e] Executive Order.'' Written comments on these and other relevant issues are welcome.
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Aggregation
Document Number: 2010-11578
Type: Rule
Date: 2010-05-14
Agency: Environmental Protection Agency
The EPA is announcing an extension of the public comment period on our proposed reconsideration of the Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Aggregation (April 15, 2010). The EPA is extending the comment period that originally closed on May 17, 2010, by an additional 30 days. The comment period will now close on June 16, 2010. The EPA is extending the comment period because of the requests we received, which are contained in the docket for this rulemaking.
Revisions to the Authorization for Validated End-User Applied Materials China, Ltd.
Document Number: 2010-11574
Type: Rule
Date: 2010-05-14
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to update the name of an existing validated end-user in the People's Republic of China (PRC) and revise the associated list of eligible items and facilities for that validated end-user. BIS previously approved Applied Materials China, Ltd. (Applied) as a validated end-user, authorizing exports, reexports and transfers (in-country) of certain items to four Applied facilities in the PRC under Authorization Validated End-User (VEU). In addition to updating Applied's name, this rule revises the names and
Energy Conservation Program: Energy Conservation Standards for Residential Central Air Conditioners and Heat Pumps
Document Number: 2010-11571
Type: Proposed Rule
Date: 2010-05-14
Agency: Department of Energy
On March 25, 2010, the U.S. Department of Energy (DOE) announced that it would hold a public meeting to discuss and receive comments on the product classes that DOE plans to analyze for purposes of establishing energy conservation standards for residential central air conditioners and heat pumps; the analytical framework, models, and tools that DOE is using to evaluate amended standards for these products; the results of preliminary analyses performed by DOE for these products; and potential energy conservation standard levels derived from these analyses that DOE could consider for these products. DOE also encouraged written comments on these subjects. This document announces an extension of the time period for submitting comments on the energy conservation standards notice of public meeting (NOPM) and availability of the preliminary technical support document for central air conditioners and heat pumps. The comment period is extended to May 17, 2010.
Hazardous Materials: Incorporation of Special Permits Into Regulations
Document Number: 2010-11570
Type: Rule
Date: 2010-05-14
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
The Pipeline and Hazardous Materials Safety Administration is amending the Hazardous Materials Regulations to incorporate provisions contained in certain widely used or longstanding special permits that have an established safety record. Special permits allow a company or individual to package or ship a hazardous material in a manner that varies from the regulations so long as an equivalent level of safety is maintained. The revisions in this final rule are intended to provide wider access to the regulatory flexibility offered in special permits and eliminate the need for numerous renewal requests, thus reducing paperwork burdens and facilitating commerce while maintaining an appropriate level of safety.
Proposed Modification of Class B Airspace; Chicago, IL
Document Number: 2010-11499
Type: Proposed Rule
Date: 2010-05-14
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to modify the Chicago, IL, Class B airspace area by expanding the existing airspace to ensure containment of Instrument Flight Rules (IFR) aircraft conducting instrument approach procedures within Class B airspace, and segregating IFR aircraft at Chicago O'Hare International Airport (ORD) and Visual Flight Rules (VFR) aircraft operating in the vicinity of Chicago Class B airspace. Additional Class B airspace would support operations to ORD's triple parallel runways and three additional parallel runways planned for the near future. This action would enhance safety, improve the flow of air traffic, and reduce the potential for midair collision in the Chicago terminal area, further supporting the FAA's national airspace redesign goal of optimizing terminal and en route airspace areas to reduce aircraft delays and improve system capacity.
Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits
Document Number: 2010-11494
Type: Rule
Date: 2010-05-14
Agency: Pension Benefit Guaranty Corporation, Agencies and Commissions
Pension Benefit Guaranty Corporation's regulation on Benefits Payable in Terminated Single-Employer Plans prescribes interest assumptions for valuing and paying certain benefits under terminating single-employer plans. This final rule amends the benefit payments regulation to adopt interest assumptions for plans with valuation dates in June 2010. Interest assumptions are also published on PBGC's Web site (https://www.pbgc.gov).
Federal Government Participation in the Automated Clearing House
Document Number: 2010-11492
Type: Proposed Rule
Date: 2010-05-14
Agency: Fiscal Service, Public Debt Bureau, Department of Treasury, Department of the Treasury
The Department of the Treasury, Financial Management Service (Service) is proposing to amend our regulation governing the use of the Automated Clearing House (ACH) system by Federal agencies. Our regulation adopts, with some exceptions, the ACH Rules developed by NACHAThe Electronic Payments Association (NACHA) as the rules governing the use of the ACH Network
Video Device Competition; Implementation of Section 304 of the Telecommunications Act of 1996: Commercial Availability of Navigation Devices; Compatibility Between Cable Systems and Consumer Electronics Equipment
Document Number: 2010-11388
Type: Proposed Rule
Date: 2010-05-14
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission seeks comment on ways to unleash competition in the retail market for smart set-top video devices that are compatible with all multichannel video programming distributor (``MVPD'') services. The goal of this proceeding is to better accomplish the intent of Congress as set forth in section 629 of the Communications Act of 1934, as amended. In particular, we wish to explore the potential for allowing any electronics manufacturer to offer smart video devices at retail that can be used with the services of any MVPD and without the need to coordinate or negotiate with MVPDs. We believe that this could foster a competitive retail market in smart video devices to spur investment and innovation, increase consumer choice, allow unfettered innovation in MVPD delivery platforms, and encourage wider broadband use and adoption.
Implementation of Section 304 of the Telecommunications Act of 1996: Commercial Availability of Navigation Devices; Compatibility Between Cable Systems and Consumer Electronics Equipment
Document Number: 2010-11387
Type: Proposed Rule
Date: 2010-05-14
Agency: Federal Communications Commission, Agencies and Commissions
In this document, we propose new rules designed to improve the operation of the CableCARD regime in the interim until the successor solution becomes effective. As discussed in a companion Notice of Inquiry, the Commission has not been fully successful in implementing the command of Section 629 of the Communications Act to ensure the commercial availability of navigation devices used by consumers to access the services of multichannel video programming distributors (``MVPDs''). The Notice of Inquiry begins the process of instituting a successor to the CableCARD regime that has been the centerpiece of the Commission's efforts to implement Section 629 to date.
Amateur Service Rules
Document Number: 2010-11386
Type: Proposed Rule
Date: 2010-05-14
Agency: Federal Communications Commission, Agencies and Commissions
This document proposes to amend the amateur radio service rules to facilitate the use of spread spectrum communications technologies. The effect of this action is to enhance the usefulness of the amateur service rules by making them conform with other Commission rules, thereby eliminating licensee confusion when applying the rules to amateur service operations.
Amateur Service Rules
Document Number: 2010-11385
Type: Rule
Date: 2010-05-14
Agency: Federal Communications Commission, Agencies and Commissions
This document revises the Amateur Radio Service rules to make certain non-substantive revisions to these rules. The rules are necessary to amend the amateur service rules or conform them to prior Commission decisions. The effect of this action is to enhance the usefulness of the amateur service rules by making them conform with other Commission rules, thereby eliminating licensee confusion when applying the rules to amateur service operations.
Hazardous Materials; Packages Intended for Transport by Aircraft
Document Number: 2010-11384
Type: Proposed Rule
Date: 2010-05-14
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
PHMSA proposes to amend requirements in the Hazardous Materials Regulations to enhance the integrity of inner packagings or receptacles of combination packagings containing liquid hazardous material by ensuring they remain intact when subjected to the reduced pressure and other forces encountered in air transportation. In order to substantially decrease the likelihood of a hazardous materials release, the proposed amendments: prescribe specific test protocols and standards for determining whether an inner packaging or receptacle is capable of meeting the pressure differential requirements specified in the regulations and, consistent with the 2011-2012 edition of the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Aircraft (ICAO Technical Instructions), require the closures on all inner packagings containing liquids within a combination packaging to be secured by a secondary means or, under certain circumstances, permit the use of a liner.
Proposed FOIA Fee Schedule Update
Document Number: 2010-11375
Type: Proposed Rule
Date: 2010-05-14
Agency: Defense Nuclear Facilities Safety Board, Agencies and Commissions
Pursuant to 10 CFR 1703.107(b)(6) of the Board's regulations, the Defense Nuclear Facilities Safety Board is publishing its proposed Freedom of Information Act (FOIA) Fee Schedule Update and solicits comments from interested organizations and individual members of the public.
International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Fishing Restrictions and Observer Requirements in Purse Seine Fisheries for 2009-2011
Document Number: 2010-11348
Type: Rule
Date: 2010-05-14
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that the catch retention requirements for U.S. purse seine fishing vessels operating in the area of application of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention Area) will be applicable from 00:00 on June 14, 2010, Universal Coordinated Time (UTC). In accordance with regulations, the requirements will be applicable until 24:00 on December 31, 2011, UTC, or until nullified by a notification in the Federal Register. This action is being taken to implement, for U.S. fishing vessels, the catch retention measures adopted by the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC) at its regular annual session in December 2008. The action will have the effect of requiring that U.S. purse seine vessels do not discard any bigeye tuna, yellowfin tuna, or skipjack tuna at sea within the Convention Area, except in certain specified circumstances.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Ruston Foundry Superfund Site
Document Number: 2010-11306
Type: Rule
Date: 2010-05-14
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) Region 6 is publishing a direct final Notice of Deletion of the Ruston Foundry Superfund Site (Site), located in Alexandria, Rapides Parish, Louisiana, 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 Louisiana, through the Louisiana Department of Environmental Quality (LDEQ), because EPA has determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Intent to Delete the Ruston Foundry Superfund Site
Document Number: 2010-11305
Type: Proposed Rule
Date: 2010-05-14
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) Region 6 is issuing a Notice of Intent to Delete the Ruston Foundry Superfund Site (Site), located in Alexandria, Rapides Parish, Louisiana, from the National Priorities List (NPL) and requests public comment 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 an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Louisiana, through the Louisiana Department of Environmental Quality (LDEQ), have determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund.
Promoting Diversification of Ownership in the Broadcasting Services
Document Number: 2010-11161
Type: Rule
Date: 2010-05-14
Agency: Federal Communications Commission, Agencies and Commissions
The Federal Communications Commission published in the Federal Register of May 16, 2008 (73 FR 28361), a Report and Order concerning steps the Commission took to increase participation in the broadcasting industry by new entrants and small businesses, including minority- and women-owned business. This document corrects the Report and Order by substituting the word ``ethnicity'' for ``gender'' in explaining the requirements for broadcasters to certify that their advertising contracts do not discriminate on the basis of race or ethnicity and that such contracts contain nondiscrimination clauses. In this document, the FCC also corrects the rules in 47 CFR 73.3555 and 73.5008 published at 73 FR 28361, May 16, 2008, related to steps the Commission took to increase participation in the broadcasting industry by eligible entities, including minority- and women-owned businesses.
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