August 10, 2010 – Federal Register Recent Federal Regulation Documents

Groundfish Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea/Aleutian Islands Crab Rationalization Program; Recordkeeping and Reporting
Document Number: 2010-19728
Type: Proposed Rule
Date: 2010-08-10
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This proposed action removes the Crab Rationalization Program requirements for catcher/processors to weigh all offloaded crab on a state-approved scale that produces a printed record and to report this information at the time of offload to NMFS on a catcher/processor offload report. NMFS has determined that these requirements are no longer necessary. This proposed action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and other applicable laws.
Airworthiness Directives; The Boeing Company Model 737-900ER Series Airplanes
Document Number: 2010-19695
Type: Proposed Rule
Date: 2010-08-10
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Model 737-900ER series airplanes. This proposed AD would require doing a one-time general visual inspection for a keyway in two fuel tank access door cutouts, and related investigative and corrective actions if necessary. This proposed AD results from reports of cracks emanating from the keyway of the fuel tank access hole. We are proposing this AD to detect and correct such cracking, which could result in the loss of the lower wing skin load path and consequent structural failure of the wing.
Defense Federal Acquisition Regulation Supplement; Management of Unpriced Change Orders
Document Number: 2010-19674
Type: Rule
Date: 2010-08-10
Agency: Defense Acquisition Regulations System, Department of Defense
The Department of Defense (DoD) is adopting as final a proposed rule amending the DFARS to make requirements for DoD management and oversight of unpriced change orders consistent with those that apply to other undefinitized contract actions. This final
Defense Federal Acquisition Regulation Supplement; Excessive Pass-Through Charges
Document Number: 2010-19672
Type: Rule
Date: 2010-08-10
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is issuing a final rule to delete the DFARS language implementing section 852 of the National Defense Authorization Act for Fiscal Year 2007 that ensures that pass-through charges on contracts or subcontracts that are entered into for or on behalf of DoD are not excessive in relation to the cost of work performed by the relevant contractor or subcontractor. The interim DFARS rule language, which implements the requirements of section 852, was made obsolete with the publication of the FAR interim rule at 74 FR 52853 on October 14, 2009.
Defense Federal Acquisition Regulation Supplement; Reporting of Commercially Available Off-the-Shelf Items That Contain Specialty Metals-Deletion of Obsolete Clause
Document Number: 2010-19666
Type: Rule
Date: 2010-08-10
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is issuing this final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) by deleting the requirement for contractors to report commercially available off-the-shelf items that contain foreign specialty metals and are incorporated into noncommercial end items.
Enforcement of Nondiscrimination on the Basis of Disability in Programs or Activities Conducted by the Federal Labor Relations Authority; Correction
Document Number: 2010-19644
Type: Rule
Date: 2010-08-10
Agency: Federal Labor Relations Authority, Agencies and Commissions
This document contains corrections to technical amendments to regulations which were published in the Federal Register of Thursday, October 8, 2009. The regulations relate to the enforcement of nondiscrimination on the basis of disability in programs and activities conducted by the Federal Labor Relations Authority (Authority). The corrections being made will remove a requirement that the Authority conduct a self-appraisal of its policies and practices for compliance with section 504 of the Rehabilitation Act of 1973 by September 6, 1989.
Radiation Exposure Compensation Act: Allowance for Costs and Expenses
Document Number: 2010-19633
Type: Rule
Date: 2010-08-10
Agency: Department of Justice
By this rule the Department of Justice (``the Department'') amends its existing regulations implementing the Radiation Exposure Compensation Act (``RECA'' or ``the Act'') to conform to the decision of the Tenth Circuit in the case of Hackwell v. United States, 491 F.3d 1229, 1241 (10th Cir. 2007). The Tenth Circuit held that the plain meaning of ``services rendered'' in section 9(a) of the Act revealed Congress' unambiguous intent to exclude ``costs incurred'' from the attorney fee limitation. Consequently, the court invalidated 28 CFR 79.74(b) as ``contrary to the RECA's plain language.'' Accordingly, the Department is amending its regulation at Sec. 79.74(b) to strike the language ``including costs incurred'' from the agency's limitation on payments to attorneys representing claimants under RECA.
Drawbridge Operation Regulations; Pequonnock River, Bridgeport, CT, Maintenance
Document Number: 2010-19631
Type: Rule
Date: 2010-08-10
Agency: Coast Guard, Department of Homeland Security
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Metro North (Peck) Bridge across the Pequonnock River, mile 0.3, at Bridgeport, Connecticut. The deviation allows the bridge to remain in the closed position to facilitate scheduled maintenance for three months.
Liability for Termination of Single-Employer Plans; Treatment of Substantial Cessation of Operations
Document Number: 2010-19627
Type: Proposed Rule
Date: 2010-08-10
Agency: Pension Benefit Guaranty Corporation, Agencies and Commissions
ERISA section 4062(e) provides for reporting of and liability for certain substantial cessations of operations by employers that maintain single-employer plans. PBGC proposes to amend its current regulation on Liability for Termination of Single-Employer Plans to provide guidance on the applicability and enforcement of ERISA section 4062(e).
Technical Service Provider Assistance
Document Number: 2010-19623
Type: Rule
Date: 2010-08-10
Agency: Department of Agriculture, Natural Resources Conservation Service
The Natural Resources Conservation Service (NRCS) published a final rule in the Federal Register of February 12, 2010, amending its regulations for technical service provider (TSP) provisions under the Food Security Act of 1985. This document correctly amends those provisions by expanding the definition Technical Service Provider Assistance, which contained an error in the omission of ``Indian Tribe'' in the definition of Technical Service Provider.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition to List Arctostaphylos franciscana
Document Number: 2010-19429
Type: Proposed Rule
Date: 2010-08-10
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list Arctostaphylos franciscana (Franciscan manzanita or San Francisco manzanita) as endangered under the Endangered Species Act of 1973, as amended, (Act) and to designate critical habitat. Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing this species may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of the species to determine if listing the species is warranted. To ensure that the status review is comprehensive, we are requesting scientific and commercial data and other information regarding this species. Based on the status review, we will issue a 12-month finding on the petition,
Telemarketing Sales Rule
Document Number: 2010-19412
Type: Rule
Date: 2010-08-10
Agency: Federal Trade Commission, Agencies and Commissions
In this document, the Commission adopts amendments to the
Pennsylvania Regulatory Program
Document Number: 2010-19276
Type: Rule
Date: 2010-08-10
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement, Surface Mining Reclamation and Enforcement Office
OSM is announcing its partial approval of a program amendment submitted by the Commonwealth of Pennsylvania for the purpose of
Labor Organization Officer and Employee Reports
Document Number: 2010-19250
Type: Proposed Rule
Date: 2010-08-10
Agency: Department of Labor, Office of Labor-Management Standards
The Office of Labor-Management Standards of the Department of Labor (Department) is proposing to revise the Form LM-30 and its instructions. The Form LM-30 implements section 202 of the Labor- Management Reporting and Disclosure Act of 1959 (LMRDA or Act), 29 U.S.C. 432, the purpose of which is to require officers and employees of labor organizations to publicly disclose possible conflicts between their personal financial interests and their duty to the labor union and its members. The proposed rule would revise the Form LM-30 and its instructions, based on an examination of the policy and legal justifications for, and utility of, changes enacted in the Form LM-30 Final Rule (2007 rule), published on July 2, 2007. 72 FR 36105. Following promulgation of the 2007 rule, fundamental questions remain regarding the complexity of the form and its instructions, as well as the scope and extent of the LM-30 reporting obligations. These questions include the coverage of union stewards and others representing the union in similar positions; the reporting of certain loans and union leave and ``no docking'' payments; the reporting of payments from certain trusts, unions, and employers in competition with employers whose employees are represented by an official's union; and the reporting of certain interests held and payments received by higher level union officials. The Department proposes revisions to the 2007 form, its instructions, and the regulatory text concerning such reporting obligations. The Department invites general and specific comment on any aspect of this proposed rule.
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