July 2010 – Federal Register Recent Federal Regulation Documents

In this document, the Commission denies the petition filed by the Personal Radio Steering Group (PRSG) regarding certain Multi-Use Radio Service (MURS) rules. In essence, the Commission finds that PRSG has not demonstrated that the changes it seeks are necessary and are in the public interest. Accordingly, there is no change to the CFR.

The State of Rhode Island 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 Rhode Island. 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 U.S. Nuclear Regulatory Commission (NRC or ``the Commission'') is proposing to amend its regulations to require that the initial distribution of source material to exempt persons or general licensees be explicitly authorized by a specific license, which would include new reporting requirements. The proposed rule is intended to provide the Commission with more complete and timely information on the types and quantities of source material distributed for use either under exemption or by general licensees. In addition, the NRC is proposing to modify the existing possession and use requirements of the general license for small quantities of source material to better align the requirements with current health and safety standards. Finally, the NRC is proposing to revise, clarify, or delete certain source material exemptions from licensing to make the exemptions more risk informed. This rule would affect manufacturers and distributors of certain products and materials containing source material and certain persons using source material under general license and under exemptions from licensing.

Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

In response to a request from a viticulture industry group, we are extending the comment period for Notice No. 105, Proposed Establishment of the Pine Mountain-Mayacmas Viticultural Area, a notice of proposed rulemaking published in the Federal Register on May 27, 2010, for an additional 45 days.

This document makes a correction to AD 2010-13-07, which was published in the Federal Register on June 23, 2010 (75 FR 35619), and applies to certain Piper Aircraft, Inc. Models PA-32R-301T and PA-46- 350P airplanes. AD 2010-13-07 requires you to replace V-band exhaust couplings, part number (P/N) Lycoming 40D21162-340M or Eaton/Aeroquip 55677-340M with an improved design Eaton/Aeroquip P/N NH1009399-10 or Lycoming P/N 40D23255-340M. In the Summary and Discussion sections of the published AD, we incorrectly stated that the AD requires replacing any spot-welded, V-band exhaust coupling with a riveted, V-band exhaust coupling instead of stating the specific P/N to be replaced. Also, in the Cost of Compliance section, we incorrectly stated that Model PA- 32R-301T airplanes, instead of Model PA-46-350P airplanes, are equipped with two of the affected V-band clamps. We are issuing this document to help eliminate any confusion that this AD may have created.

This action makes minor corrections to the geographic coordinates of restricted areas R-2901B, R-2910J, R-2901K, R-2901L and R-2901N, Avon Park, FL, in a final rule published in the Federal Register on Monday, May 24, 2010. The National Aeronautical Navigation Services Office requested these adjustments be made to better align the restricted areas.

The Secretary proposes to amend the Student Assistance General Provisions to establish measures for determining whether certain postsecondary educational programs lead to gainful employment in recognized occupations, and the conditions under which these educational programs remain eligible for the student financial assistance programs authorized under title IV of the Higher Education Act of 1965, as amended (HEA).

NMFS proposes regulations to implement Amendment 86 to the Fishery Management Plan for Groundfish of the Gulf of Alaska. This proposed action would add a Pacific cod endorsement on licenses issued under the License Limitation Program (LLP) in specific management areas if those licenses have been used on vessels that met minimum recent landing requirements using non-trawl gear, commonly known as fixed gear. This proposed action would exempt vessels that use jig gear from the requirement to hold an LLP license, modify the maximum length designation on a specific set of fixed gear licenses, and allow entities representing specific communities to receive a limited number of fixed-gear licenses with Pacific cod endorsements. This proposed action is intended to promote the goals and objectives of the Magnuson- Stevens Fishery Conservation and Management Act, the Fishery Management Plan, and other applicable law.

NMFS is correcting a temporary rule to adjust the 2010 fishing year (FY) Trimester 2 and 3 Loligo squid quotas. The rule contained a numerical error in the metric value of the revised Trimester 3 quota. The correct value for the revised Trimester 3 quota of 23,743,619 lb is 10,770 mt.

The Office of Federal Contract Compliance Programs (OFCCP) is issuing this Advance Notice of Proposed Rulemaking (ANPRM) in order to invite the public to provide input on how OFCCP can strengthen the affirmative action requirements of the regulations implementing section 503 of the Rehabilitation Act of 1973, as amended (Section 503). Strengthening affirmative action requirements will help increase the employment opportunities of people with disabilities in the Federal contractor sector.

This interim rule promulgates rules and regulations establishing a National Sheep Industry Improvement Center (NSIIC) program, consistent with the Food, Conservation, and Energy Act of 2008 (Farm Bill). This rule establishes the NSIIC and a Board of Directors (Board) that will manage and be responsible for the general supervision of the activities of the NSIIC, with oversight from the U.S. Department of Agriculture (USDA). The NSIIC is authorized to use funds to make grants to eligible entities in accordance with a strategic plan. Additionally, this interim rule also announces USDA's Agricultural Marketing Service (AMS) request for approval of a new information collection in accordance with the Paperwork Reduction Act of 1995.

This rule modifies the aflatoxin sampling and testing regulations currently prescribed under the California, Arizona, and New Mexico pistachio marketing order (order). The order regulates the handling of pistachios grown in California, Arizona, and New Mexico and is administered locally by the Administrative Committee for Pistachios (Committee). This rule streamlines the aflatoxin sampling and testing procedures under the order's rules and regulations for pistachios to be shipped for domestic human consumption while maintaining sufficient aflatoxin controls. It is expected to reduce handler operating costs by providing a uniform and consistent aflatoxin sampling and testing procedure for pistachios shipped to all market destinations.

This rule suspends the reporting and assessment requirements prescribed under the Washington-Oregon fresh prune marketing order. The marketing order regulates the handling of fresh prunes grown in designated counties in Washington and in Umatilla County, Oregon, and is administered locally by the Washington-Oregon Fresh Prune Marketing Committee (Committee). On June 1, 2010, the Committee unanimously voted to terminate Marketing Order No. 924. Since the only regulatory actions currently in effect are the reporting and assessment requirements, the Committee included a recommendation to immediately suspend these activities while USDA processes the termination request. The reporting and assessment requirements will remain suspended until reinstated or permanently terminated.

EPA is conditionally approving the reasonably available control technology requirement which applies to the entire State of New York, including the New York portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT and the Poughkeepsie 8-hour ozone moderate nonattainment areas. In addition, EPA is conditionally approving the reasonably available control measure analysis which applies to the New York portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT 8-hour ozone moderate nonattainment area.

We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

This document contains interim final regulations implementing the requirements regarding internal claims and appeals and external review processes for group health plans and health insurance coverage in the group and individual markets under the Patient Protection and Affordable Care Act. The regulations will generally affect health insurance issuers; group health plans; and participants, beneficiaries, and enrollees in health insurance coverage and in group health plans. The regulations provide plans and issuers with guidance necessary to comply with the law.

We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to all Model 757 airplanes. The existing AD currently requires sealing the fasteners on the front and rear spars inside the left and right main fuel tanks and on the rear spar and lower panel of the center fuel tank. That AD also requires inspections of the wire bundle support installations to verify if certain clamps are installed and if Teflon sleeving covers the wire bundles inside the left and right equipment cooling system bays, on the left and right rear spars, and on the left and right front spars; and corrective actions if necessary. This proposed AD would also require sealing the additional fasteners on the rear spar inside the left and right main fuel tanks. This proposed AD results from a fuel system review conducted by the manufacturer. We have received reports from the manufacturer that additional fasteners in the main fuel tanks must be sealed for lightning strike protection. We are proposing this AD to detect and correct improper wire bundle support installation and sleeving and to prevent improperly sealed fasteners in the main and center fuel tanks from becoming an ignition source, in the event of a fault current or lightning strike, which could result in a fuel tank explosion and consequent loss of the airplane.

The FAA proposes to adopt a new airworthiness directive (AD) for GE CT7-9C and -9C3 turboprop engines with certain serial number (S/ N) gas generator turbine (GGT) shafts, part number (P/N) 6068T44P02, installed. This proposed AD would require inspecting the GGT shaft for nonconforming land balance-cuts, and if found, removing the shaft from service. This proposed AD results from reports of a manufacturing quality problem. We are proposing this AD to detect nonconforming GGT shaft land balance-cuts, which could result in the shaft failing before its published life limit, and which could result in an uncontained engine failure and damage to the airplane.

EPA is approving Texas State Implementation Plan (SIP) revisions that were submitted by the Governor of Texas and by the Texas Commission on Environmental Quality (TCEQ) respectively on December 17, 1999 and February 26, 2007. The revisions pertain to regulations on reporting air pollution emissions (emission inventories), and conformity of general federal actions to SIPs. The revisions on emissions inventories allow the state to collect additional data related to emissions from stationary sources and contain requirements for sources in regions that are in violation of a national ambient air quality standard (NAAQS) to report typical daily emissions of carbon monoxide and ozone precursor gases during the winter and summer months, respectively. The revisions also allow for electronic reporting of documents required under federally authorized programs and designated state programs, including emissions inventories from stationary sources. The revisions to regulations on conformity of general federal actions to SIPs are non-substantive. EPA is approving the revisions pursuant to Section 110, part D of the Federal Clean Air Act (CAA).

EPA is taking direct final action to extend the attainment date from June 15, 2010 to June 15, 2011 for the Baltimore nonattainment area, which is classified as moderate for the 1997 8-hour ozone national ambient air quality standard (NAAQS). This extension is based in part on air quality data for the 4th highest daily 8-hour monitored value during the 2009 ozone season. Accordingly, EPA is revising the table in our regulations concerning the 8-hour ozone attainment dates in the State of Maryland. EPA is approving the extension of the attainment date for the Baltimore moderate ozone nonattainment area in accordance with the requirements of the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) Region III is publishing a direct final Notice of Deletion of portions of the Letterkenny Army Depot Southeastern (SE) Area and Letterkenny Army Depot Property Disposal Office (PDO) Area (Sites), located in Chambersburg, PA, 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 partial deletion is being published by EPA with the concurrence of the Commonwealth of Pennsylvania, through the Pennsylvania Department of Environmental Protection (PADEP), because EPA has determined that all appropriate response actions at these identified parcels under CERCLA, other than operation, maintenance, and five-year reviews, have been completed. However, this partial deletion does not preclude future actions under Superfund.

In this order, the Commission grants several requests for rehearing of Order No. 729-A, which, inter alia, provided clarification of the implementation timeline for the six Modeling Data, and Analysis Reliability Standards submitted by the North American Electric Reliability Corporation and approved by the Commission in Order No. 729. As discussed below, the Commission grants rehearing on the implementation timeline. In addition, the Commission is revising the implementation deadline for compliance with the related North American Energy Standards Board business practice standards incorporated by reference in Order No. 676-E, so that the deadlines for compliance with the requirements of Order Nos. 729 and 676-E remain consistent.