June 11, 2010 – Federal Register Recent Federal Regulation Documents

Defense Federal Acquisition Regulation Supplement; New Designated Country-Taiwan-DFARS Case 2009-D010)
Document Number: 2010-14123
Type: Rule
Date: 2010-06-11
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is adopting, as final, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to add Taiwan as a designated country, due to the accession of Taiwan to membership in the World Trade Organization Government Procurement Agreement.
Defense Federal Acquisition Regulation Supplement; Contractor Insurance/Pension Review (DFARS Case 2009-D025)
Document Number: 2010-14120
Type: Proposed Rule
Date: 2010-06-11
Agency: Defense Acquisition Regulations System, Department of Defense
DoD proposes to remove and relocate the requirements for conducting a Contractor Insurance/Pension Review from Procedures, Guidance, and Information to the Defense Acquisition Regulation Supplement.
Payment or Reimbursement for Emergency Treatment Furnished by Non-VA Providers in Non-VA Facilities to Certain Veterans With Service-Connected or Nonservice-Connected Disabilities
Document Number: 2010-14110
Type: Proposed Rule
Date: 2010-06-11
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) is proposing to amend its regulations concerning emergency hospital care and medical services provided to eligible veterans for service-connected and nonservice- connected conditions at non-VA facilities as a result of the amendments made by section 402 of the Veterans' Mental Health and Other Care Improvements Act of 2008. These amendments would require VA payment for emergency treatment of eligible veterans at non-VA facilities and expand the circumstances under which payment for such treatment is authorized. In addition, these amendments would make nonsubstantive technical changes such as correcting grammatical errors and updating obsolete citations.
Unlicensed Personal Communications Services Devices in the 1920-1930 MHz Band
Document Number: 2010-14101
Type: Proposed Rule
Date: 2010-06-11
Agency: Federal Communications Commission, Agencies and Commissions
In this document the Commission proposes changes to its rules to enable Unlicensed Personal Communications Service (UPCS) devices operating in the 1920-1930 MHz band (known as the UPCS band) to make more efficient use of this spectrum. This action is taken in response to a Petition for Rulemaking filed by the Digital Enhanced Cordless Telecommunications Forum (DECT), an association that promotes digital cordless radio technology for short-distance voice and data applications. The current rules prevent UPCS devices from accessing channels where a certain level of radio noise is detected, even though those channels remain usable. The proposed rule changes would adjust the radio noise level at which a channel would be deemed usable.
2010 Quadrennial Regulatory Review-Review of the Commission's Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996
Document Number: 2010-14099
Type: Proposed Rule
Date: 2010-06-11
Agency: Federal Communications Commission, Agencies and Commissions
The Notice of Inquiry (``NOI'') initiates the Commission's fifth review of its media ownership rules since the passage of the Telecommunications Act of 1996 (``1996 Act''). Section 202(h) of the 1996 Act requires the Commission to review its ownership rules (except the national television ownership limit) every four years and ``determine whether any of such rules are necessary in the public interest as the result of competition.'' The Commission will take a fresh look at its current ownership rules in order to determine whether they will serve our public interest goals of competition, localism, and diversity going forward. The Commission's challenge is to adapt its rules to ensure that they promote these values in the new marketplace and into the future.
Extension of Public Comment Period for Proposed Rule on the Approval and Promulgation of Implementation Plans; Texas; Excess Emissions During Startup, Shutdown, Maintenance, and Malfunction Activities
Document Number: 2010-14094
Type: Proposed Rule
Date: 2010-06-11
Agency: Environmental Protection Agency
The EPA is announcing a 14-day extension of the public comment period for the proposed ``Approval and Promulgation of Implementation Plans; Texas; Excess Emissions During Startup, Shutdown, Maintenance, and Malfunction Activities.'' As initially published in the Federal Register on May 13, 2010 (75 FR 26892), written comments on the proposal for rulemaking were to be submitted to EPA on or before June 14, 2010 (a 30-day public comment period). Since publication, EPA has received requests for additional time to submit comments. Therefore, the public comment period will now end on June 28, 2010. This extension is time-limited because the rule has to be finalized by October 31, 2010 under the terms of a settlement agreement.
Dental Devices: Classification of Dental Amalgam, Reclassification of Dental Mercury, Designation of Special Controls for Dental Amalgam, Mercury, and Amalgam Alloy; Technical Amendment
Document Number: 2010-14083
Type: Rule
Date: 2010-06-11
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) published a final rule in the Federal Register of August 4, 2009 (74 FR 38686) which classified dental amalgam as a class II device, reclassified dental mercury from class I to class II, and designated special controls for dental amalgam, mercury, and amalgam alloy. The effective date of the rule was November 2, 2009. The final rule was published with an inadvertent error in the codified section. This document corrects that error. This action is being taken to ensure the accuracy of the agency's regulations.
Fisheries off West Coast States; Pacific Coast Groundfish Fishery; Suspension of the Primary Pacific Whiting Season for the Shore-based Sector South of 42° North Latitude
Document Number: 2010-14075
Type: Rule
Date: 2010-06-11
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces the suspension of the Pacific whiting (whiting) fishery primary season for the shore-based sector south of 42[deg] N. lat. at 8 p.m. local time (l.t.) May 16, 2010. ``Per trip'' limits for whiting were reinstated until 0001 hours June 15, 2010, at which time the primary season for the shore-based sector opens coastwide. This action is authorized by regulations implementing the Pacific Coast Groundfish Fishery Management Plan (FMP), which governs the groundfish fishery off Washington, Oregon, and California. This action is intended to keep the harvest of whiting at the 2010 allocation levels.
Safety Zone; City of Martinez 4th of July Fireworks, Martinez, CA
Document Number: 2010-14034
Type: Rule
Date: 2010-06-11
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone for the launching of fireworks being sponsored by the City of Martinez. The fireworks display will be held on July 4, 2010, on the shoreline of the Carquinez Straits. This safety zone is being established to ensure the safety of participants and spectators from the dangers associated with the pyrotechnics. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or his designated representative.
Modification of Jet Routes J-32, J-38, and J-538; Minnesota
Document Number: 2010-13992
Type: Rule
Date: 2010-06-11
Agency: Federal Aviation Administration, Department of Transportation
This action modifies Jet Routes J-32 and J-38 by terminating portions of the routes that are no longer needed at the Duluth, MN, VHF omnidirectional range/tactical air navigation (VORTAC) that are no longer needed. This action also modifies the J-538 airway description to align it with the corresponding segment of J-538 contained in Canadian airspace. This action is necessary for the safety and management of instrument flight rules (IFR) operations within the National Airspace System (NAS).
U.S. Citizenship and Immigration Services Fee Schedule
Document Number: 2010-13991
Type: Proposed Rule
Date: 2010-06-11
Agency: Department of Homeland Security
The Department of Homeland Security (DHS) proposes to adjust certain immigration and naturalization benefit fees charged by U.S. Citizenship and Immigration Services (USCIS). USCIS conducted a comprehensive fee study and refined its cost accounting process, and determined that current fees do not recover the full costs of services provided. Adjustment to the fee schedule is necessary to fully recover costs and maintain adequate service. DHS proposes to increase USCIS fees by a weighted average of 10 percent. DHS proposes among other amendments to add three new fees to cover USCIS costs related to processing the following requests: Regional center designation under the Immigrant Investor Pilot Program; Civil surgeon designation; and Immigrant visas.
Extension of Expiration Dates for Several Body System Listings
Document Number: 2010-13988
Type: Rule
Date: 2010-06-11
Agency: Social Security Administration, Agencies and Commissions
We are extending the expiration dates of the following body systems in the Listing of Impairments (listings) in our regulations: Cardiovascular System, Endocrine System, Growth Impairment, Hematological Disorders, Musculoskeletal System, Mental Disorders, Neurological, and Respiratory System. We are making no other revisions to these body system listings. This extension will ensure that we continue to have in the listings the criteria we need to evaluate impairments in the affected body systems at the appropriate steps of the sequential evaluation processes for initial claims and continuing disability reviews.
Technical Amendment Language Change From “Wholly” to “Fully”
Document Number: 2010-13987
Type: Rule
Date: 2010-06-11
Agency: Social Security Administration, Agencies and Commissions
These final rules amend our regulations to replace the word ``wholly'' with the word ``fully'' when we describe the favorable or unfavorable nature of determinations or decisions we make on claims for benefits. This change does not alter the substance of the regulations or have any effect on the rights of claimants or any other parties.
Revision of Class E Airspace; Galena, AK
Document Number: 2010-13985
Type: Rule
Date: 2010-06-11
Agency: Federal Aviation Administration, Department of Transportation
This action revises Class E airspace at Galena, AK, to accommodate three amended Standard Instrument Approach Procedures (SIAPs) and the development of one Obstacle Departure Procedure (ODP) at the Edward G. Pitka Sr. Airport. The FAA is taking this action to enhance safety and management of Instrument Flight Rules (IFR) operations at Edward G. Pitka Sr. Airport.
Trifloxystrobin; Pesticide Tolerances
Document Number: 2010-13938
Type: Rule
Date: 2010-06-11
Agency: Environmental Protection Agency
This regulation increases existing tolerances for residues of trifloxystrobin in or on corn, field, forage; corn, sweet, forage; and corn, sweet, stover. Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). Additionally, EPA is removing several tolerances which have expired.
Airworthiness Directives; Microturbo Saphir 20 Model 095 Auxiliary Power Units (APUs)
Document Number: 2010-13928
Type: Rule
Date: 2010-06-11
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by the European Aviation Safety Agency (EASA) to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
Funding Formula for Grants to States
Document Number: 2010-13870
Type: Proposed Rule
Date: 2010-06-11
Agency: Department of Labor, Veterans' Employment and Training Service, Veterans Employment and Training Service
In this advance notice of proposed rulemaking (ANPRM), VETS is requesting comments, including data and other information, on issues related to the funding formula applicable to the Jobs for Veterans State Grants that are administered by VETS as authorized by 38 U.S.C. 4102A(b)(5). The funding formula for these grants is governed by 38 U.S.C. 4102A(c) (2) (B) and 20 CFR part 1001, subpart F.
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Reasonable Further Progress Plan, 2002 Base Year Emission Inventory, Contingency Measures, Reasonably Available Control Measures, and Transportation Conformity Budgets for the Philadelphia 1997 8-Hour Moderate Ozone Nonattainment Area
Document Number: 2010-13687
Type: Rule
Date: 2010-06-11
Agency: Environmental Protection Agency
EPA is approving a revision to the Maryland State Implementation Plan (SIP) to meet the reasonable further progress (RFP) plan, the 2002 base year emissions inventory, RFP contingency measure, and reasonably available control measure (RACM) requirements of the Clean Air Act (CAA) for the Maryland portion of the Philadelphia moderate 1997 8-hour ozone nonattainment area. EPA is also approving the transportation conformity motor vehicle emissions budgets (MVEBs) associated with this revision. EPA is approving the SIP revision because it satisfies the emission inventory, RFP, RACM, RFP contingency measures, and transportation conformity requirements for areas classified as moderate nonattainment for the 1997 8-hour ozone national ambient air quality standard (NAAQS) and demonstrates further progress in reducing ozone precursors. EPA is approving the SIP revision pursuant to the CAA and EPA's regulations.
Approval and Promulgation of Implementation Plans; New Mexico; Interstate Transport of Pollution
Document Number: 2010-13686
Type: Rule
Date: 2010-06-11
Agency: Environmental Protection Agency
EPA is approving a portion of a State Implementation Plan (SIP) submitted by the State of New Mexico for the purpose of
Co-Location/Proximity Hosting Services
Document Number: 2010-13613
Type: Proposed Rule
Date: 2010-06-11
Agency: Commodity Futures Trading Commission, Agencies and Commissions
The Commodity Futures Trading Commission (``CFTC'' or ``Commission'') proposes a rule (``Proposal'') that requires Designated Contract Markets (DCMs), Derivatives Transaction Execution Facilities (DTEFs), and Exempt Commercial Markets (ECMs) that list significant price discovery contracts (SPDCs) that offer co-location and/or proximity hosting services to market participants to have equal access to co-location and/or proximity hosting services without artificial barriers that act to exclude some market participants from accessing these services or that act to bar otherwise qualified third-party
Supplemental Nutrition Assistance Program: Quality Control Provisions of Title IV of Public Law 107-171
Document Number: 2010-13446
Type: Rule
Date: 2010-06-11
Agency: Department of Agriculture, Food and Nutrition Service
This rule finalizes provisions of an interim rule entitled ``Food Stamp Program: Non-Discretionary Quality Control Provisions of Title IV of Public Law 107-171'' published on October 16, 2003, and a proposed rule entitled ``Food Stamp Program: Discretionary Quality Control Provisions of Title IV of Public Law 107-171'' published on September 23, 2005. The Food Stamp Program is now referred to as the Supplemental Nutrition Assistance Program (SNAP) pursuant to the Food and Nutrition Act of 2008 (Act). This final rule codifies the provisions concerning the Quality Control system in Sections 4118 and 4119 of the Food Stamp Reauthorization Act (FSRA) of 2002. This rule finalizes the liability procedures and the deadlines for completing the quality control review process and announcement of error rates established in the interim rule. It eliminates enhanced administrative funding for low error rates, establishes new time frames for completing individual quality control reviews, establishes procedures for resolving liabilities following appeal decisions, revises the negative case review procedures, and provides procedures for households that separate while subject to the penalty for refusal to cooperate with a quality control review. This rule also adopts several policy changes and technical corrections included in the proposed rule. In addition, this rule affects State agencies' quality control review operations and alters the impact on State agencies of assessment and resolution of potential liabilities for excessive payment error rates and awarding of bonuses for superior performance. Households with cases sampled for quality control review of their cases would be minimally affected by this rule.
Revision of the Procedures for the Administration of Section 5 of the Voting Rights Act
Document Number: 2010-13393
Type: Proposed Rule
Date: 2010-06-11
Agency: Department of Justice
The Attorney General is considering amendments to the Department of Justice's ``Procedures for the Administration of Section 5 of the Voting Rights Act of 1965.'' The proposed amendments are designed to clarify the scope of section 5 review based on recent amendments to section 5, make technical clarifications and updates, and provide better guidance to covered jurisdictions and minority citizens concerning current Department practices. Interested persons are invited to participate in the consideration of these amendments.
Airworthiness Directives; Bell Helicopter Textron Canada Model 222, 222B, 222U, 230, and 430 Helicopters
Document Number: 2010-11071
Type: Rule
Date: 2010-06-11
Agency: Federal Aviation Administration, Department of Transportation
This amendment supersedes an existing airworthiness directive (AD) for the specified Bell Helicopter Textron Canada (BHTC) helicopters, that currently requires certain checks and inspections of the tail rotor blades. If a crack is found, the existing AD requires replacing the tail rotor blade (blade) with an airworthy blade before further flight. This amendment requires the same checks and inspections of the blades until they are required to be replaced and removes certain serial numbered and specifically coded blades from the applicability of the AD. This amendment is prompted by the approved rework of certain blades and two newly redesigned blades, which, if installed, constitute terminating action for the inspection requirements. The actions specified by this AD are intended to detect a crack in a blade, and to prevent loss of a blade and subsequent loss of control of the helicopter.
Amendments to the Protocol Gas Verification Program and Minimum Competency Requirements for Air Emission Testing
Document Number: 2010-10955
Type: Proposed Rule
Date: 2010-06-11
Agency: Environmental Protection Agency
Recent EPA gas audit results indicate that some gas cylinders used to calibrate continuous emission monitoring systems on stationary sources do not meet EPA's performance specification. Reviews of stack test reports in recent years indicate that some stack testers do not properly follow EPA test methods or do not correctly calculate test method results. Therefore, EPA is proposing to amend its Protocol Gas Verification Program (PGVP) and the minimum competency requirements for air emission testing (formerly air emission testing body requirements) to improve the accuracy of emissions data. EPA is also proposing to amend other sections of the Acid Rain Program continuous emission monitoring system regulations by adding and clarifying certain recordkeeping and reporting requirements, removing the provisions pertaining to mercury monitoring and reporting, removing certain requirements associated with a class-approved alternative monitoring system, disallowing the use of a particular quality assurance option in EPA Reference Method 7E, adding an incorporation by reference that was inadvertently left out of the January 24, 2008 final rule, and clarifying the language and applicability of certain provisions.
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