June 28, 2010 – Federal Register Recent Federal Regulation Documents

Proposed Revocation of Class E Airspace; Chillicotte, MO
Document Number: 2010-15680
Type: Proposed Rule
Date: 2010-06-28
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to remove Class E airspace at Chillicotte, MO. Airport management and air traffic control facility managers have determined that the Class E surface area at Chillicotte Municipal Airport is no longer necessary for the safety and management of Instrument Flight Rules (IFR) operations at the airport.
Proposed Revocation of Class E Airspace; Franklin, TX
Document Number: 2010-15678
Type: Proposed Rule
Date: 2010-06-28
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to remove Class E airspace at Franklin, TX. Abandonment of the former Rocking 7 Ranch Airport and cancellation of all Standard Instrument Approach Procedures (SIAPs) has eliminated the need for controlled airspace in the Franklin, TX, area. The FAA is taking this action to ensure the efficient use of airspace within the National Airspace System.
Airworthiness Directives; McDonnell Douglas Corporation Model DC-10-30, DC-10-30F, DC-10-30F (KC-10A and KDC-10), DC-10-40, DC-10-40F, and MD-10-30F Airplanes
Document Number: 2010-15653
Type: Proposed Rule
Date: 2010-06-28
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Model DC-10-30, DC-10-30F, DC-10-30F (KC-10A and KDC-10), DC- 10-40, DC10-40F, and MD-10-30F airplanes. This proposed AD would require doing a one-time inspection of the wire bundles to determine if wires touch the upper surface of the center upper auxiliary fuel tank, and marking the location if necessary; a one-time inspection for splices and damage of all wire bundles routed above the center upper auxiliary fuel tank; a one-time inspection for damage to the fuel vapor barrier seal and upper surface of the center upper auxiliary fuel tank; and corrective actions, if necessary. This proposed AD would also require installing non-metallic barrier/shield sleeving to the wire harnesses, new clamps, new attaching hardware, and new extruded channels. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.
Airworthiness Directives; McDonnell Douglas Corporation Model MD-90-30 Airplanes
Document Number: 2010-15652
Type: Proposed Rule
Date: 2010-06-28
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Model MD-90-30 airplanes. The existing AD currently requires modifying the auxiliary hydraulic power system (including doing all applicable related investigative and corrective actions). This proposed AD would require these same actions, using corrected service information. This proposed AD results from fuel system reviews conducted by the manufacturer, as well as reports of electrically shorted wires in the right wheel well and evidence of arcing on the auxiliary hydraulic pump power cables, which are routed within the tire burst area. We are proposing this AD to prevent electrically shorted wires or arcing at the auxiliary hydraulic pump power cables, which could result in a fire in the wheel well. We are also proposing this AD to reduce the potential of an ignition source adjacent to the fuel tanks, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.
Proposed Amendment of Class E Airspace; Youngstown, OH
Document Number: 2010-15647
Type: Proposed Rule
Date: 2010-06-28
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to amend Class E airspace at Youngstown, OH, adding additional controlled airspace necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Youngstown Elser Metro Airport, Youngstown, OH. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations at the airport.
International Fisheries; South Pacific Tuna Fisheries; Procedures to Request Licenses and a System to Allocate Licenses
Document Number: 2010-15642
Type: Proposed Rule
Date: 2010-06-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Pursuant to its authority under the South Pacific Tuna Act of 1988 (SPTA), NMFS proposes regulations to modify the procedures that U.S. purse seine vessels use to request fishing licenses to fish in areas managed under the SPTA. This rule would also establish a system for allocating licenses in the event more applications are received than there are licenses available. Such an allocation system is needed because the number of applications is approaching the number of available licenses, and may exceed that number. The proposed license allocation system would include objective criteria to be used by NMFS in prioritizing among license applicants. The license application procedures would be modified in accordance with the allocation system, and would be designed to provide license holders and prospective license applicants with a clear and certain regulatory process. The regulations for vessels licensed under the SPTA would also be modified to require that the vessel monitoring system units (VMS units), also known as mobile transmitting units, installed and carried on the vessels are a type that is NMFS-approved.
Pipeline Safety: Information Collection Gas Distribution Annual Report Form
Document Number: 2010-15633
Type: Proposed Rule
Date: 2010-06-28
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
As required by the Paperwork Reduction Act of 1995 (PRA), the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice in the Federal Register on December 4, 2009, under Docket No. PHMSA-2004-19854 of its intent to revise the agency's Gas Distribution System Annual Report Form (PHMSA F 7100.1-1). PHMSA F 7100.1-1 is covered under the PHMSA information collection titled: ``Incident and Annual Reports for Gas Pipeline Operators,'' with an OMB Control Number of 2137-0522. PHMSA is publishing this notice to respond to comments and announce that the revised information collection will be submitted to OMB for approval. This notice also informs operators of gas distribution systems that PHMSA is planning for the revised Annual Report Form, once approved, to be used for the 2010 calendar year and submitted to PHMSA by March 15, 2011. The portion of the annual report relative to mechanical fitting (compression couplings) failures will be delayed by one year and will take effect starting with the 2011 calendar year.
Amendment of the Schedule of Application Fees Set
Document Number: 2010-15628
Type: Rule
Date: 2010-06-28
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission corrects the language in Sec. 1.1113 (c) which was referenced in the Federal Register publication on January 29, 2009 (74 FR 5107). This document corrects the final regulations by revising Sec. 1.1113 (c).
Notice of Public Webinar To Discuss the Applicability of 10 CFR 73.55 Requirements to Part 50 Licensees With Facilities in Decommissioning or Decommissioned Status
Document Number: 2010-15627
Type: Rule
Date: 2010-06-28
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The NRC will hold a public Webinar with 16 Part 50 licensees in decommissioning or decommissioned status affected by the current requirements in Title 10 of the Code of the Federal Regulations (10 CFR) 73.55 (March 27, 2009; 74 FR 13925) and the other stakeholders. The purpose of this Webinar is to discuss the applicability of those security requirements to licensees with facilities in decommissioning or decommissioned status.
Schedule of Fees for Consular Services, Department of State and Overseas Embassies and Consulates
Document Number: 2010-15622
Type: Rule
Date: 2010-06-28
Agency: Department of State
Further to the Department's proposed rule to amend the Schedule of Fees for Consular Services (Schedule of Fees), the Department of State is adjusting a number of fees in light of an independent cost of service study's findings that the U.S. Government is not fully covering its costs for providing these services under the current fee structure. The primary objective of the adjustments to the Schedule of Fees is to ensure that fees for consular services reflect costs to the United States of providing the services to the extent possible. Seventeen hundred and ninety-seven comments were received
Medicare and Medicaid Programs: Changes to the Hospital and Critical Access Hospital Conditions of Participation To Ensure Visitation Rights for All Patients
Document Number: 2010-15568
Type: Proposed Rule
Date: 2010-06-28
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This proposed rule would revise the Medicare conditions of participation for hospitals and critical access hospitals (CAHs) to ensure the visitation rights of all patients. Medicare- and Medicaid- participating hospitals and CAHs would be required to have written policies and procedures regarding the visitation rights of patients, including those setting forth any clinically necessary or reasonable restriction or limitation that the hospital or CAH may need to place on such rights as well as the reasons for the clinical restriction or limitation.
Veterinary Feed Directive; Extension of Comment Period
Document Number: 2010-15561
Type: Proposed Rule
Date: 2010-06-28
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is extending to August 27, 2010, the comment period for the advance notice of proposed rulemaking (ANPRM) that appeared in the Federal Register of March 29, 2010 (75 FR 15387). In the ANPRM, FDA requested comments on the need for improvements to the veterinary feed directive (VFD) regulation. The agency is taking this action in response to requests for an extension to allow interested persons additional time to submit comments.
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, (AIWW) Scotts Hill, NC
Document Number: 2010-15560
Type: Proposed Rule
Date: 2010-06-28
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is withdrawing its notice of proposed rulemaking concerning the proposed change to the regulations that governed the operation of the Figure Eight Swing Bridge, at AIWW mile 278.1, at Scotts Hill, NC. The requested change would have allowed the drawbridge to open on signal every hour on the half hour for the passage of pleasure vessels.
State Highway-Rail Grade Crossing Action Plans
Document Number: 2010-15534
Type: Rule
Date: 2010-06-28
Agency: Federal Railroad Administration, Department of Transportation
This final rule complies with a statutory mandate that the Secretary of Transportation (Secretary) issue a rule to require the ten States with the most highway-rail grade crossing collisions, on average, over the past three years, to develop State highway-rail grade
Proposed Establishment of Class E Airspace; Panguitch, UT
Document Number: 2010-15532
Type: Proposed Rule
Date: 2010-06-28
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to establish Class E airspace at Panguitch Municipal Airport, Panguitch UT. Controlled airspace is necessary to accommodate aircraft using a new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedure (SIAP) at Panguitch Municipal Airport. The FAA is proposing this action to enhance the safety and management of Instrument Flight Rules (IFR) operations at the airport.
Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Framework Adjustment 21
Document Number: 2010-15501
Type: Rule
Date: 2010-06-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is implementing measures specified in Framework Adjustment 21 (Framework 21) to the Atlantic Sea Scallop Fishery Management Plan (FMP), which was developed by the New England Fishery Management Council (Council). Framework 21 specifies the following management measures for the 2010 scallop fishery: Total allowable catch (TAC); open area days-at-sea (DAS) and Sea Scallop Access Area (access area) trip allocations; DAS adjustments if an access area yellowtail flounder (YTF) TAC is caught; limited access general category (LAGC) access area trip allocations; management measures to minimize impacts of incidental take of sea turtles as required by the March 14, 2008, Atlantic Sea Scallop Biological Opinion (Biological Opinion); minor adjustments to the LAGC individual fishing quota (IFQ) program; and minor adjustments to the industry-funded observer program. This action also adjusts regulatory language to eliminate duplicative and outdated text, and to clarify provisions in the regulations that are currently unclear.
Final Rule Regarding Amendment of the Temporary Liquidity Guarantee Program To Extend the Transaction Account Guarantee Program
Document Number: 2010-15497
Type: Rule
Date: 2010-06-28
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions
The FDIC is issuing a Final Rule extending the Transaction Account Guarantee (TAG) component of the Temporary Liquidity Guarantee Program (TLGP) through December 31, 2010, for insured depository institutions (IDIs) currently participating in the TAG program, with the possibility of an additional extension of up to 12 months without additional rulemaking, upon a determination by the FDIC's Board of Directors (Board) that continuing economic difficulties warrant further extension.
Addition and Removal of Certain Persons on the Entity List: Addition of Persons Acting Contrary to the National Security or Foreign Policy Interests of the United States; Removal of Person Based on Removal Request
Document Number: 2010-15447
Type: Rule
Date: 2010-06-28
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This rule amends the Export Administration Regulations (EAR) by adding twenty-four persons to the Entity List (Supplement No. 4 to Part 744) on the basis of Section 744.11 of the EAR. The persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These persons will be listed under the following nine destinations on the Entity List: Belarus, China, Hong Kong, Iran, Malaysia, New Zealand, Norway, South Africa and United Kingdom.
Revisions to the Export Administration Regulations Based Upon a Systematic Review of the Commerce Control List: Additional Changes
Document Number: 2010-15444
Type: Rule
Date: 2010-06-28
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This rule amends the Export Administration Regulations (EAR) to make revisions to the EAR as a result of a systematic review of the Commerce Control List (CCL) that was conducted by the Bureau of Industry and Security (BIS). This rule is the third phase of the regulatory implementation of the results of a review of the CCL that was conducted by BIS starting in 2007. The BIS CCL review benefited from input received from BIS's Technical Advisory Committees (TACs) and comments that were received from the interested public in response to the publication of a BIS notice of inquiry on July 17, 2007.
Classified National Security Information
Document Number: 2010-15443
Type: Rule
Date: 2010-06-28
Agency: Information Security Oversight Office, National Archives and Records Administration, Agencies and Commissions
The Information Security Oversight Office (ISOO), National Archives and Records Administration (NARA), is publishing this Directive as a final rule and pursuant to Executive Order 13526 (hereafter the Order), relating to classified national security information. The Executive order prescribes a uniform system for classifying, safeguarding, and declassifying national security information. It also establishes a monitoring system to enhance its effectiveness. This Directive sets forth guidance to agencies on original and derivative classification, downgrading, declassification, and safeguarding of classified national security information.
Airworthiness Directives; Eurocopter France Model EC 155B, EC155B1, SA-360C, SA-365C, SA-365C1, SA-365C2, SA-365N, SA-365N1, AS-365N2, AS 365 N3, and SA-366G1 Helicopters
Document Number: 2010-15370
Type: Proposed Rule
Date: 2010-06-28
Agency: Federal Aviation Administration, Department of Transportation
This document proposes superseding an existing airworthiness directive (AD) for the specified Eurocopter France (Eurocopter) helicopters. That AD requires repetitively inspecting the main gearbox (MGB) planet gear carrier for a crack and replacing any MGB that has a cracked planet gear carrier before further flight. This action would require the same inspections required by the existing AD but would shorten the initial inspection interval. This proposal is prompted by the discovery of another crack in a MGB planet gear carrier and additional analysis that indicates that the initial inspection interval must be shortened. The actions specified by the proposed AD are intended to detect a crack in the web of the planet gear carrier, which could lead to a MGB seizure and subsequent loss of control of the helicopter.
Freedom of Information Act, Privacy Act of 1974; Implementation
Document Number: 2010-15369
Type: Rule
Date: 2010-06-28
Agency: Office of the Secretary, Department of the Treasury, Department of Treasury
On January 6, 2010, the Department of the Treasury published a document in the Federal Register, amending the Department of the Treasury's regulations on the disclosure of records under the Freedom of Information Act (FOIA) and its regulations concerning the Privacy Act of 1974 (Privacy Act). It also amended the appendices to these subparts setting forth the administrative procedures by which the Special Inspector General for the Troubled Asset Relief Program (``SIGTARP'') will process requests for records made under the FOIA, and set forth the administrative procedures by which SIGTARP will implement the Privacy Act. In addition, that document revised the list of Treasury offices and bureaus found this part.
Office of the Special Inspector General for the Troubled Asset Relief Program; Privacy Act of 1974; Implementation
Document Number: 2010-15365
Type: Rule
Date: 2010-06-28
Agency: Office of the Secretary, Department of the Treasury, Department of Treasury
In accordance with the requirements of the Privacy Act of 1974, 5 U.S.C. 552a, the Department of the Treasury amends this part to exempt several systems of records maintained by the Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP) from certain provisions of the Privacy Act.
Express Mail Next Day Delivery Postage Refund Amendment
Document Number: 2010-15336
Type: Rule
Date: 2010-06-28
Agency: Postal Service, Agencies and Commissions
The Postal Service is revising the Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM[supreg]) 114.2, 414.3, and 604.9, to state the conditions for Express Mail[supreg] Next Day Delivery postage refunds when shipments are mailed each year during the time period of December 22 through December 25.
Arkansas: Final Authorization of State-Initiated Changes and Incorporation by Reference of State Hazardous Waste Management Program
Document Number: 2010-15333
Type: Proposed Rule
Date: 2010-06-28
Agency: Environmental Protection Agency
During a review of Arkansas' regulations, the EPA identified a variety of State-initiated changes to Arkansas' hazardous waste program under the Resource Conservation and Recovery Act, as amended (RCRA), for which the State had not previously sought authorization. The EPA proposes to authorize the State for the program changes. In addition, the EPA proposes to codify in the regulations entitled ``Approved State Hazardous Waste Management Programs'', Arkansas' authorized hazardous waste program. The EPA will incorporate by reference into the Code of Federal Regulations (CFR) those provisions of the State regulations that are authorized and that EPA will enforce under RCRA.
Arkansas: Final Authorization of State-initiated Changes and Incorporation by Reference of State Hazardous Waste Management Program
Document Number: 2010-15332
Type: Rule
Date: 2010-06-28
Agency: Environmental Protection Agency
During a review of Arkansas' regulations, the EPA identified a variety of State-initiated changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). We have determined that these changes are minor and satisfy all requirements needed to qualify for Final authorization and are authorizing the State-initiated changes through this direct Final action. In addition, this document corrects technical errors made in the April 24, 2002, and August 15, 2007, Federal Register authorization documents for Arkansas.
Oklahoma: Incorporation by Reference of State Hazardous Waste Management Program
Document Number: 2010-15329
Type: Proposed Rule
Date: 2010-06-28
Agency: Environmental Protection Agency
The EPA proposes to codify in the regulations entitled ``Approved State Hazardous Waste Management Programs'', Oklahoma's authorized hazardous waste program. The EPA will incorporate by reference into the Code of Federal Regulations (CFR) those provisions of the State regulations that are authorized and that the EPA will enforce under the Solid Waste Disposal Act, commonly referred to as the Resource Conversation and Recovery Act (RCRA). In the ``Rules and Regulations'' section of this Federal Register, the EPA is codifying and incorporating by reference the State's hazardous waste program as an immediate final rule. The EPA did not make a proposal prior to the immediate final rule because we believe these actions are not controversial and do not expect comments that oppose them. We have explained the reasons for this codification and incorporation by reference in the preamble to the immediate final rule. Unless we get written comments which oppose this incorporation by reference during the comment period, the immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we get comments that oppose these actions, we will withdraw the immediate final rule and it will not take effect.
Oklahoma: Incorporation by Reference of Approved State Hazardous Waste Management Program
Document Number: 2010-15328
Type: Rule
Date: 2010-06-28
Agency: Environmental Protection Agency
The Solid Waste Disposal Act, as amended, commonly referred to as the Resource Conservation and Recovery Act (RCRA), allows the Environmental Protection Agency (EPA) to authorize States to operate their hazardous waste management programs in lieu of the Federal program. The EPA uses the regulations entitled ``Approved State Hazardous Waste Management Programs'' to provide notice of the authorization status of State programs and to incorporate by reference those provisions of the State statutes and regulations that will be subject to the EPA's inspection and enforcement. The rule codifies in the regulations the prior approval of Oklahoma's hazardous waste management program and incorporates by reference authorized provisions of the State's statutes and regulations.
Patient Protection and Affordable Care Act: Preexisting Condition Exclusions, Lifetime and Annual Limits, Rescissions, and Patient Protections
Document Number: 2010-15278
Type: Rule
Date: 2010-06-28
Agency: Employee Benefits Security Administration, Department of Labor, Department of Health and Human Services, Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains interim final regulations implementing the rules for group health plans and health insurance coverage in the group and individual markets under provisions of the Patient Protection and Affordable Care Act regarding preexisting condition exclusions, lifetime and annual dollar limits on benefits, rescissions, and patient protections.
Requirements for Group Health Plans and Health Insurance Issuers Under the Patient Protection and Affordable Care Act Relating to Preexisting Condition Exclusions, Lifetime and Annual Limits, Rescissions, and Patient Protections
Document Number: 2010-15277
Type: Proposed Rule
Date: 2010-06-28
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
Elsewhere in this issue of the Federal Register, the Treasury Department and the IRS are issuing temporary regulations under the Patient Protection and Affordable Care Act (the Affordable Care Act) relating to preexisting condition exclusions, lifetime and annual limits, rescissions, and patient protections. Those temporary regulations are being issued at the same time that the Employee Benefits Security Administration of the U.S. Department of Labor and the Office of Consumer Information and Insurance Oversight of the U.S. Department of Health and Human Services are issuing substantially similar interim final regulations under the Employee Retirement Income Security Act of 1974 and the Public Health Service Act. The temporary regulations provide guidance to employers, group health plans, and health insurance issuers providing group health insurance coverage. The text of those temporary regulations also serves as the text of these proposed regulations.
Financial Crimes Enforcement Network; Amendment to the Bank Secrecy Act Regulations-Definitions and Other Regulations Relating to Prepaid Access
Document Number: 2010-15194
Type: Proposed Rule
Date: 2010-06-28
Agency: Department of the Treasury, Department of Treasury
FinCEN is proposing to revise the Bank Secrecy Act (``BSA'') regulations applicable to Money Services Businesses with regard to stored value or prepaid access. More specifically, the proposed changes include the following: renaming ``stored value'' as ``prepaid access'' and defining that term; deleting the terms ``issuer and redeemer'' of stored value; imposing suspicious activity reporting, customer information and transaction information recordkeeping requirements on both providers and sellers of prepaid access and, additionally, imposing a registration requirement on providers only; and exempting certain categories of prepaid access products and services posing lower risks of money laundering and terrorist financing from certain requirements.
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