June 2010 – Federal Register Recent Federal Regulation Documents

We, the U.S. Fish and Wildlife Service (Service), determine endangered status under the Endangered Species Act of 1973, as amended (Act), for two species of Hawaiian damselflies, the flying earwig Hawaiian damselfly (Megalagrion nesiotes) on the island of Maui and the Pacific Hawaiian damselfly (M. pacificum) on the islands of Hawaii, Maui, and Molokai. This final rule implements the Federal protections provided by the Act for these species. We also determine that critical habitat for these two Hawaiian damselflies is prudent, but not determinable at this time.

The OCC, the Board, the FDIC, and the OTS (collectively, ``the agencies'') are issuing this proposed rule to revise provisions of our rules implementing the Community Reinvestment Act (CRA). The agencies propose to revise the term ``community development'' to include loans, investments, and services by financial institutions that support, enable, or facilitate projects or activities that meet the criteria described in Section 2301(c)(3) of the Housing and Economic Recovery Act of 2008 (HERA) and are conducted in designated target areas identified in plans approved by the United States Department of Housing and Urban Development (HUD) under the Neighborhood Stabilization Program, established pursuant to the HERA and the American Recovery and Reinvestment Act of 2009. The proposed rule would provide favorable CRA consideration to such activities that, pursuant to the requirements of the program, benefit low-, moderate-, and middle-income individuals and geographies in designated target areas. Such consideration would include covered activities within an institution's assessment area(s) and outside of its assessment area(s), as long as the institution has

The Snohomish County Resource Advisory Committee (RAC) will meet in Everett, Washington on July 7, 2010. The committee is meeting to review and prioritize 2009/2010 Snohomish County RAC Project Proposals for funding.

The ONMS is seeking applications for the following vacant seats on the Flower Garden Banks National Marine Sanctuary Advisory Council: Conservation and Diving Operations. Applicants are chosen based upon their particular expertise and experience in relation to the seat for which they are applying; community and professional affiliations; philosophy regarding the protection and management of marine resources; and possibly the length of residence in the area affected by the sanctuary.

This is Supplement No. 15 to the Treasury Department Circular 570, 2009 Revision, published July 1, 2009, at 74 FR 31536.

This final rule establishes a temporary certification program for the purposes of testing and certifying health information technology. This final rule is established under the authority granted to the National Coordinator for Health Information Technology (the National Coordinator) by section 3001(c)(5) of the Public Health Service Act (PHSA), as added by the Health Information Technology for Economic and Clinical Health (HITECH) Act. The National Coordinator will utilize the temporary certification program to authorize organizations to test and certify Complete Electronic Health Records (EHRs) and/or EHR Modules, thereby making Certified EHR Technology available prior to the date on which health care providers seeking incentive payments available under the Medicare and Medicaid EHR Incentive Programs may begin demonstrating meaningful use of Certified EHR Technology.

The Technical Guidelines Development Committee (TGDC) will meet in open session on Thursday, July 8, 2010 and Friday, July 9, 2010 at the National Institute of Standards and Technology (NIST) in Gaithersburg, Maryland.

The Commonwealth of Massachusetts has applied to EPA for final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant final authorization to Massachusetts. EPA has determined that these changes satisfy all requirements needed to qualify for final authorization, and is authorizing the State's changes through an immediate final action.

The Environmental Protection Agency (EPA) is proposing minor amendments to its Clean Water Act (CWA) regulations to codify that under the National Pollutant Discharge Elimination System (NPDES) program, only ``sufficiently sensitive'' analytical test methods can be used when completing an NPDES permit application and when performing sampling and analysis pursuant to monitoring requirements in an NPDES permit.

We, the U.S. Fish and Wildlife Service (Service), propose to list Ipomopsis polyantha (Pagosa skyrocket), a plant species from southwestern Colorado, as endangered throughout its range, and Penstemon debilis (Parachute beardtongue) and Phacelia submutica (DeBeque phacelia), two plant species from western Colorado, as threatened throughout their ranges under the Endangered Species Act of 1973, as amended (Act). This proposal, if made final, would extend the Act's protections to these species throughout their ranges. The Service seeks data and comments from the public on this proposal.

This notice amends the notice of a major disaster declaration for the State of Tennessee (FEMA-1909-DR), dated May 4, 2010, and related determinations.

This notice amends the notice of a major disaster declaration for the Commonwealth of Virginia (FEMA-1874-DR), dated February 16, 2010, and related determinations.

This notice amends the notice of a major disaster declaration for the Commonwealth of Kentucky (FEMA-1912-DR), dated May 11, 2010, and related determinations.

Modified Base (1% annual-chance) Flood Elevations (BFEs) are finalized for the communities listed below. These modified BFEs will be used to calculate flood insurance premium rates for new buildings and their contents.

In accordance with the requirements of the Privacy Act of 1974, as amended, 5 U.S.C. 552a, the Securities and Exchange Commission (``Commission'' or ``SEC'') proposes to revise a Privacy Act system of records: ``Information Pertaining or Relevant to SEC Registrants and Their Activities (SEC-55)'', originally published in the Federal Register Volume 74, Number 139 on Wednesday, July 22, 2009.

This interim rule lists communities where modification of the Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents.

This interim rule lists communities where modification of the Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents.

Southwestern Power Administration (Southwestern) has finalized an addendum to its January 2009 Final Determination Report concerning the Federal and non-Federal hydropower impacts of the White River Minimum Flows project. The addendum documents changes to Southwestern's final determination. The changes were made to account for the impacts that the increase in average pool elevation has on the operation of the Federal Bull Shoals and Norfork projects and to include impacts to non-Federal hydropower resulting from the loss of renewable energy under the state renewable energy standard in Missouri.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list as endangered under the Endangered Species Act of 1973, as amended (Act), the Honduran emerald hummingbird (Amazilia luciae). We find that the petition presents substantial scientific or commercial information indicating that listing the Honduran emerald hummingbird may be warranted. Therefore, with the publication of this notice, we are initiating a status review of the Honduran emerald hummingbird to determine if listing is warranted. To ensure that the status review is comprehensive, we are soliciting information and data regarding this species.

This document provides notice of availability of a Class Deviation from EPA's assistance agreement dispute procedures and also sets forth the procedures that will apply to the resolution of disputes that may arise in connection with certain enforcement actions taken by EPA on State cooperative agreements awarded under section 9003(h) of the Solid Waste Disposal Act with LUST funds appropriated by the ARRA. Enforcement actions affected by this alternative dispute resolution procedure are those actions, including suspension of performance and potential partial or complete cooperative agreement termination, associated with the obligation and expenditure of funds under the following term and condition: ``The recipient shall obligate funds for contracts, subgrants or similar transactions for at least 35 percent of funds, and expend at least 15 percent of funds within nine months of this award. EPA will consider the recipient's failure to comply with this requirement as a material failure to perform, which may warrant appropriate enforcement action under 40 CFR 31.43'' (hereafter referred to as the 35/15 term and condition).

Under Section 10(a)(2) of Public Law 92-423, ``The Federal Advisory Committee Act,'' notice is hereby given of a meeting of the National Drinking Water Advisory Council (NDWAC), established under the Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.). The Council will consider various issues associated with the Agency's drinking water strategy and new approaches to protecting drinking water and public health. The Council will also receive updates about several on-going activities including the Climate Ready Water Utility Working Group and updates on regulatory efforts.