June 16, 2010 – Federal Register Recent Federal Regulation Documents
Results 1 - 37 of 37
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Skate Complex Fishery; Amendment 3
NMFS is implementing approved measures in Amendment 3 to the Northeast Skate Complex Fishery Management Plan (Skate FMP), including final specifications for the 2010 and 2011 fishing years (FY). Amendment 3 was developed by the New England Fishery Management Council (Council) to rebuild overfished skate stocks and implement annual catch limits (ACLs) and accountability measures (AMs) consistent with the requirements of the reauthorized Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Amendment 3 implements a rebuilding plan for smooth skate and establishes an ACL and annual catch target (ACT) for the skate complex, total allowable landings (TAL) for the skate wing and bait fisheries, seasonal quotas for the bait fishery, new possession limits, in season possession limit triggers, and other measures to improve management of the skate fisheries. This interim final rule also includes skate fishery specifications for FY 2010 and 2011, pursuant to the specifications process established in Amendment 3.
Fisheries in the Western Pacific; Community Development Program Process
This proposed rule would establish requirements and procedures for soliciting, reviewing, and approving community development plans for access to western Pacific fisheries. The intent of this proposed rule is to promote the participation of island communities in fisheries that they have traditionally depended upon, but may not have the capabilities to support continued and substantial participation in, possibly due to economic, regulatory, or other constraints.
Atlantic Coastal Fisheries Cooperative Management Act Provisions; Weakfish Fishery
NMFS is reopening the comment period on the proposed rule to set the commercial possession limit for weakfish caught in the Exclusive Economic Zone (EEZ) at 100 lb (45 kg) per day or trip, whichever is longer in duration, and set the recreational possession limit at 1 fish per person per day or trip, whichever is longer in duration. The intent of the proposed rule is to modify regulations for the Atlantic coast stock of weakfish to be more compatible with Addendum IV to Amendment 4 of the Atlantic States Marine Fisheries Commission's (Commission) Interstate Fishery Management Plan (ISFMP) for weakfish. Such action is authorized under the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act).
Airworthiness Directives; Eurocopter France Model AS 350 B, BA, B1, B2, B3, and D, and Model AS355 E, F, F1, F2, and N Helicopters
We propose to adopt a new airworthiness directive (AD) for the Eurocopter France Model AS 350 B, BA, B1, B2, B3, and D, and Model AS355 E, F, F1, F2, and N helicopters, with certain main rotor servo- controls and tail rotor servo-controls. This proposed AD would require replacing all servo-controls that are identified in the Applicability section of this proposed AD. This proposed AD is prompted by an internal review conducted by the manufacturer which revealed that some main and tail rotor servo-controls do not conform to the approved design. The actions specified by this proposed AD are intended to prevent the distributor slide valve jamming in its sleeve, leading to reduced controllability of the rotors and subsequent loss of control of the helicopter.
Interest and Penalty Suspension Provisions Under Section 6404(g) of the Internal Revenue Code
This document contains final regulations under section 6404(g)(2)(E) of the Internal Revenue Code on the suspension of any interest, penalty, addition to tax, or additional amount with respect to listed transactions or undisclosed reportable transactions. The final regulations reflect changes to the law made by the Internal Revenue Service Restructuring and Reform Act of 1998, the American Jobs Creation Act of 2004, the Gulf Opportunity Zone Act of 2005, the Tax Relief and Health Care Act of 2006, and the Small Business and Work Opportunity Tax Act of 2007. The regulations provide guidance to individual taxpayers who have participated in listed transactions or undisclosed reportable transactions.
Polychlorinated Biphenyls (PCBs); Reassessment of Use Authorizations; Extension of Comment Period and Additional Public Meetings
EPA issued an advance notice of proposed rulemaking (ANPRM) in the Federal Register of April 7, 2010, concerning the reassessment of the use authorizations for PCBs. This document extends the comment period for 45 days, from July 6, 2010, to August 20, 2010. This extension is necessary to provide the public with an opportunity to provide additional and more thorough comments. Also, EPA is holding two additional public meetings to enable additional public comment on the ANPRM during the comment period extension.
FM Table of Allotments (The Dalles, Tualatin, Eugene, Albany, Lebanon, Paisley, and Diamond Lake, Oregon and Goldendale, WA)
The Audio Division dismisses a Petition for Reconsideration jointly filed by Portland Broadcasting, LLC (``Portland Broadcasting''), licensee of Station KXPC-FM, Channel 279C, Lebanon, Oregon, Bicoastal Media Licenses IV, LLC (``Bicoastal''), licensee of Station KACI-FM, Channel 249C2, The Dalles, Oregon, and Station KMSW(FM), Channel 224C3, The Dalles, Oregon, and Extra Mile Media, Inc., licensee of Station KHPE(FM), Channel 300C, Albany, Oregon, collectively (the ``Joint Petitioners''). In this regard, Portland Broadcasting, Columbia Gorge Broadcasters, Inc., M.S.W Communications, LLC, Bicoastal, and Extra Media, Inc. (the ``Joint Parties'') filed a Motion to Dismiss the Petition for Reconsideration. The Joint Parties' Motion to Dismiss the Petition for Reconsideration contained a Settlement Agreement between Cumulus and the Joint Parties. In accordance with Section 1.420(j) of the Commission's Rules, we are granting the Joint Parties' Motion to Dismiss. In doing so, we approve the Settlement Agreement. The Joint Parties will collectively and individually receive payments that are less than their respective legitimate and prudent expenses incurred in connection with the preparation, filing and advocacy of the Counterproposal. Each party filed a declaration in accordance with Section 1.420(j), containing an itemization of its respective legal, engineering and other legitimate and prudent expenses. The Joint Parties and Cumulus each state in its respective declaration that aside from the Settlement Agreement, neither respective licensee nor any of its members, officers, or employees is a party to any agreement, written or oral, that will require the respective licensee to pay or receive any monies or provide or receive any other consideration from or to the existing and former licensee for the actions described in each respective declaration.
Protection of Stratospheric Ozone: Notice 25 for Significant New Alternatives Policy Program
This Determination of Acceptability expands the list of acceptable substitutes for ozone-depleting substances under the U.S. Environmental Protection Agency's Significant New Alternatives Policy program. The substitutes are for use in the following sectors: Refrigeration and air-conditioning, foam blowing, aerosols, and sterilants. The majority of the acceptability decisions find substitutes acceptable as alternatives to the class II ozone depleting substances hydrochlorofluorocarbon (HCFC)-22, HCFC-142b and blends containing one or both of these substances. EPA is also finding one of the alternatives, HFO- 1234ze, acceptable as a substitute for CFC-113 in the heat transfer end use and as a substitute for CFC-11 in the aerosol propellant end use. The listing of additional refrigerant alternatives as acceptable will provide users in the refrigeration and air-conditioning sector with more options for replacing HCFC-22 and HCFC-142b, which, pursuant to EPA's phaseout regulations, may generally be used only as a refrigerant to service equipment manufactured before January 1, 2010.
International Mail Manual; Incorporation by Reference
The Postal Service announces the issuance of Issue 36 of the Mailing Standards of the United States Postal Service, International Mail Manual (IMM[supreg]) and its incorporation by reference in the Code of Federal Regulations.
Safety Zone; Grand Marais Splash-In, West Bay, Lake Superior, Grand Marais, MI
The Coast Guard is establishing a temporary safety zone in West Bay, on Lake Superior, Grand Marais, MI. This safety zone is intended to restrict vessel traffic from a portion of West Bay during the Grand Marais Splash-In Sea Plane Competition.
Postal Pricing Methods
The Commission is initiating an investigation into the methodologies for estimating volume changes due to pricing incentive programs. If a change in analytical principles is warranted, the Commission may propose a specific methodology for adoption. This document announces establishment of a docket to consider this investigation and provides an opportunity for public comment.
Safety Zone; Fourth of July Fireworks Event, Cape Charles City Harbor, Cape Charles, VA
The Coast Guard is establishing a 420-foot radius safety zone on the navigable waters of Cape Charles City Harbor in Cape Charles, VA, in support of the Fourth of July Fireworks event. This action is intended to restrict vessel traffic movement to protect mariners and spectators from the hazards associated with aerial fireworks displays.
Safety Zone; McNary-John Day Transmission Line Project, Columbia River, Hermiston, OR
The Coast Guard is establishing a temporary safety zone on the waters of the Columbia River near Hermiston, Oregon for the installation of new power lines across the river. The safety zone is necessary to help ensure the safety of the workers as well as the maritime public and will do so by prohibiting all persons and vessels from entering or remaining in the safety zone unless authorized by the Captain of the Port or his designated representative.
Safety Zone; Michigan Orthopaedic Society 50th Anniversary Fireworks, Lake Huron, Mackinac Island, MI
The Coast Guard is establishing a temporary safety zone on, Lake Huron, Mackinac Island, Michigan. This zone is intended to restrict vessels from a portion of Lake Huron during the Michigan Orthopaedic Society 50th Anniversary Fireworks display, June 19, 2010. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays.
Export Administration Regulations: Technical Corrections
This rule corrects two typographical errors that appeared in a rule published on June 4, 2010. One error is in the License Requirements section of Export Control Classification Number 2B001 and the other is in the Technical Note on Adjusted Peak Performance (``APP'') found at the end of Category 4 on the Commerce Control List.
Built-in Gains and Losses Under Section 382(h)
This document contains final regulations that apply to loss corporations that have undergone an ownership change within the meaning of section 382. These regulations provide guidance regarding the treatment of prepaid income under the built-in gain provisions of section 382(h).
Endangered and Threatened Wildlife and Plants; 90-Day Finding on Five Petitions to List Seven Species of Hawaiian Yellow-faced Bees as Endangered
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on five petitions to list seven species of Hawaiian yellow-faced bees (Hylaeus anthracinus, H. assimulans, H. facilis, H. hilaris, H. kuakea, H. longiceps, and H. mana) as endangered and designate critical habitat under the Endangered Species Act of 1973, as amended (Act).
Vocational Rehabilitation Service Projects for American Indians With Disabilities
The Secretary is adopting as final, without changes, interim final regulations for the American Indian Vocational Rehabilitation Services (AIVRS) program to permit a consortium of Indian tribes to establish a separate legal entity to apply for a grant under this program. These final regulations are needed to enable the Department to make grants to Indian tribes that choose to form a consortium and, rather than authorizing one of the Indian tribes of the consortium to serve as the grantee, create a separate legal entity that serves as the grantee on behalf of the consortium and that is responsible for using the grant funds to provide services to all the Indian tribes in the consortium.
Bacillus thuringiensis
This regulation establishes a temporary exemption from the requirement of a tolerance for residues of Bacillus thuringiensis eCry3.1Ab protein in corn in or on the food and feed commodities of corn; corn, field; corn, sweet; and corn, pop, when used as a plant- incorporated protectant in accordance with the terms of Experimental Use Permit 67979-EUP-8. Syngenta Seeds, Incorporated submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting a temporary exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Bacillus thuringiensis eCry3.1Ab protein in corn under the FFDCA. The temporary tolerance exemption expires on June 1, 2012.
Manufactured Home Construction and Safety Standards, Test Procedures for Roof Trusses
This proposed rule would amend the Federal Manufactured Home Construction and Safety Standards by adopting proposals made by the Manufactured Home Consensus Committee (MHCC), as modified by HUD. The National Manufactured Housing Construction and Safety Standards Act of 1974 requires HUD to publish in the Federal Register any proposed revised Manufactured Home Construction and Safety Standard submitted by MHCC. Changes to the existing roof truss testing procedures were part of the first group of MHCC proposals submitted to HUD in 2003 to revise various aspects of the standards. However, in response to public comments on the proposed rule, including those submitted by MHCC, HUD returned the proposal on roof truss testing to MHCC for further consideration.
Federal Acquisition Regulation; FAR Case 2009-010, American Recovery and Reinvestment Act of 2009 (the Recovery Act)-Publicizing Contract Actions
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have adopted as final, with minor changes, an interim rule amending the Federal Acquisition Regulation (FAR) to implement the Office of Management and Budget (OMB) Memorandum M-09-10, entitled ``Initial Implementing Guidance for the American Recovery and Reinvestment Act of 2009,'' (the Recovery Act) with respect to publicizing contract actions. The OMB issued Memorandum M-09-15, entitled ``Updated Implementing Guidance for the American Recovery and Reinvestment Act of 2009,'' to supplement, amend, and clarify the initial guidance in OMB Memorandum M-09-10.
Federal Acquisition Regulation; FAR Case 2008-003, Public Disclosure of Justification and Approval Documents for Noncompetitive Contracts-Section 844 of the National Defense Authorization Act for Fiscal Year 2008
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have adopted as final, with changes, an interim rule amending the Federal Acquisition Regulation (FAR) to implement the National Defense Authorization Act for Fiscal Year 2008, Section 844 ``Public Disclosure of Justification and Approval Documents for Noncompetitive Contracts'' (FY08 NDAA). Section 844 of the FY08 NDAA stipulates the requirements regarding the public availability of justifications and approval documents after the award of Federal contracts, except for information exempt from public disclosure.
Federal Acquisition Regulation; FAR Case 2008-007, Additional Requirements for Market Research
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on an interim rule amending the Federal Acquisition Regulation (FAR) to implement Section 826 of the National Defense Authorization Act for Fiscal Year 2008 (FY08 NDAA). Section 826 established additional requirements in subsection (c) of 10 U.S.C. 2377. As a matter of policy, these requirements are extended to all executive agencies. Specifically, the head of the agency must conduct market research before issuing an indefinite-delivery indefinite-quantity (ID/IQ) task or delivery order for a noncommercial item in excess of the simplified acquisition threshold. In addition, a prime contractor with a contract in excess of $5 million for the procurement of items other than commercial items is required to conduct market research before making purchases that exceed the simplified acquisition threshold for or on behalf of the Government.
Federal Acquisition Regulation; FAR Case 2009-012, American Recovery and Reinvestment Act (the Recovery Act) of 2009- Whistleblower Protections
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) have adopted as final, with changes, an interim rule amending the Federal Acquisition Regulation (FAR) to implement the American Recovery and Reinvestment Act of 2009 (the Recovery Act) with respect to section 1553 of Division A, Protecting State and Local Government and Contractor Whistleblowers. This rule prohibits non-Federal employers from discharging, demoting, or discriminating against an employee as a reprisal for disclosing information.
Federal Acquisition Regulation; Federal Acquisition Circular 2005-42; Small Entity Compliance Guide
This document is issued under the joint authority of the Secretary of Defense, the Administrator of General Services and the Administrator of the National Aeronautics and Space Administration. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of the summaries of the rules appearing in Federal Acquisition Circular (FAC) 2005-42 which amends the Federal Acquisition Regulation (FAR). Interested parties may obtain further information regarding this rule by referring to FAC 2005-42 which precedes this document. These documents are also available via the Internet at http:/ /www.regulations.gov.
Federal Acquisition Regulation; Technical Amendments
This document makes amendments to the Federal Acquisition Regulation in order to make editorial changes.
Federal Acquisition Regulation; Federal Acquisition Circular 2005-42; Introduction
This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) in this Federal Acquisition Circular (FAC) 2005-42. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at https://www.regulations.gov.
Federal Acquisition Regulation; FAR Case 2009-018, Payrolls and Basic Records
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to revise the FAR clause, Payrolls and Basic Records. This revision implements a Department of Labor rule to protect the privacy of workers.
Federal Acquisition Regulation; FAR Case 2009-026, Compensation for Personal Services
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing an interim rule amending the FAR to align the FAR with the revised Cost Accounting Standards (CAS) Board standards 412, ``Cost Accounting Standard for composition and measurement of pension cost;'' and 415, ``Accounting for the cost of deferred compensation.''
Federal Acquisition Regulation; FAR Case 2005-040, Electronic Subcontracting Reporting System (eSRS)
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing a final rule amending the Federal Acquisition Regulation (FAR) to require that contractors' small business subcontract reports be submitted using the Electronic Subcontracting Reporting System (eSRS), rather than Standard Form 294 - Subcontract Report for Individual Contracts and Standard Form 295 - Summary Subcontract Report.
Federal Acquisition Regulation; FAR Case 2009-013, Nonavailable Articles
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing a final rule amending the Federal Acquisition Regulation (FAR) to revise the list of articles determined to be domestically nonavailable.
Federal Acquisition Regulation; FAR Case 2009-025, Disclosure and Consistency of Cost Accounting Practices for Contracts Awarded to Foreign Concerns
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to align the FAR with the revised Cost Accounting Standards (CAS) Board clause, Disclosure and Consistency of Cost Accounting Practices-Foreign Concerns.
Federal Acquisition Regulation; FAR Case 2009-014, New Designated Country-Taiwan
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have adopted as final, without change, an interim rule amending the Federal Acquisition Regulation (FAR) to add Taiwan (known in the World Trade Organization as ``the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei))'' as a designated country, due to the accession of Taiwan to membership in the World Trade Organization Agreement on Government Procurement.
Federal Acquisition Regulation; FAR Case 2009-011, American Recovery and Reinvestment Act of 2009 (Recovery Act)-GAO/IG Access
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) have adopted as final, with changes, the interim rule amending the Federal Acquisition Regulation (FAR) to implement the American Recovery and Reinvestment Act of 2009 (Recovery Act) with respect to sections 902, 1514, and 1515.
Sodium 1,4-Dialkyl Sulfosuccinates; Exemption from the Requirement of a Tolerance
This regulation establishes an exemption from the requirement of a tolerance for residues of sodium 1,4-dialkyl sulfosuccinates including sodium 1,4-dihexyl sulfosuccinate (CAS Reg. No. 3006-15-3); sodium 1,4-diisobutyl sulfosuccinate (CAS Reg. No. 127-39-9); and sodium 1,4-dipentyl sulfosuccinate (CAS Reg. No. 922-80-5) when used as an inert ingredient in pesticide formulations for pre-harvest and post- harvest uses, as well as, for application to animals under 40 CFR 180.910 and 40 CFR 180.930, respectively. The Joint Inerts Task Force (JITF), Cluster Support Team 13 submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of the sodium 1,4-dialkyl sulfosuccinates.
Revision of Fee Schedules; Fee Recovery for FY 2010
The Nuclear Regulatory Commission (NRC) is amending the licensing, inspection, and annual fees charged to its applicants and licensees. The amendments are necessary to implement the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as amended, which requires the NRC to recover through fees approximately 90 percent of its budget authority in fiscal year (FY) 2010, not including amounts appropriated from the Nuclear Waste Fund (NWF), amounts appropriated for Waste Incidental to Reprocessing (WIR), and amounts appropriated for generic homeland security activities. Based on the Energy and Water Development and Related Agencies Appropriation Act, 2010, signed by the President on October 28, 2009, the NRC's required fee recovery amount for the FY 2010 budget is approximately $912.2 million. After accounting for billing adjustments, the total amount to be billed as fees is approximately $911.1 million.
State Cemetery Grants
The Department of Veterans Affairs (VA) is issuing this final rule to amend regulations governing grants to States for the establishment, expansion, and improvement of State veterans cemeteries (Establishment, Expansion, and Improvement Projects). We are implementing through regulation new statutory authority to provide grants for the operation and maintenance of State veterans cemeteries (Operation and Maintenance Projects), as authorized by the Dr. James Allen Veteran Vision Equity Act of 2007 (the Act), enacted on December 26, 2007. The Act expands VA authority to provide grants to States for operating and maintaining State veterans cemeteries and limits to $5 million the aggregate amount of such grants VA may award in any fiscal year. VA is amending its regulations to outline the process, the criteria, and the priorities relating to the award of these Operation and Maintenance Project grants. This final rule will also amend our regulations by changing the arrangement and numbering of the current regulatory sections, incorporating some non-substantive changes to the regulations, and removing specific forms from this part that are available at https://www.cem.va.gov/cem/scg_grants.asp.
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